Billing and Payment.
- Fees Due. You will pay to HostHound all fees for the Services set forth in the registration form presented to you at the time you order the Services and for all fees for subsequent Renewal Periods at the time of renewal.
- Price Increases. HostHound may increase the fees for the Services (i) in the manner permitted in the applicable description of the particular Service published by HostHound on the HostHound website or in a promotional offer (the “Service Description”) and (ii) at any time on or after expiration of the Initial Term by providing thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the Subscriber billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) notifications of pricing for renewal terms. It is your sole responsibility to periodically review billing-related information provided by HostHound through the Subscriber billing tool or other methods of communications and notices sent or posted by HostHound.
- The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to HostHound’s invoices for the fees as separate charges to be paid by you. All fees are non-refundable when paid except as otherwise provided herein.
- Automatic renewals. By purchasing the Services, you agree to allow HostHound to place your account on a recurring payment plan. The account will automatically be re-billed according to the term length of the Services you select. For Services with term lengths of three (3) months or longer, HostHound shall provide notice of the upcoming charge to Subscriber no later than thirty (30) days prior to the payment date for each Renewal Period. This notification will be sent to the contact email address on file for the Account. In the case of insufficient funds to charge such amount, we will attempt to collect at a partial term quantity (not changing your current term) to avoid an interruption in the Services. Unless you disable the automatic renewal option, we will automatically renew the Services up to fifteen (15) days before your renewal date and will take payment from the payment method we have on file.
- VPS and Dedicated Accounts. As a courtesy and not as an obligation, HostHound will automatically renew Subscriber’s VPS or Dedicated Hosting Account by charging the applicable fee for the regular rate to Subscriber’s current method of payment on file. For VPS or Dedicated Hosting accounts with a term of three (3) months or greater, this renewal will occur fifteen (15) days prior to the expiration of Subscriber’s Hosting Account. For accounts with a Term of one (1) month, this renewal will occur twenty-four (24) hours prior to the expiration of Subscriber’s Services. For Services with term lengths of three (3) months or longer, HostHound will provide notice of the upcoming charge to Subscriber no later than thirty (30) days prior to the payment date. In the event that a VPS or Dedicated Hosting Account that has been set to manual renewal by Subscriber expires, the account will be suspended seven (7) days after expiration if no payment is received. If the account has not been renewed after fourteen (14) days have elapsed following expiration, the account will be terminated.
- Add-On Services. If you purchase certain add-on services from HostHound such as Domain Privacy, SSL certificates or SiteLock, you may be required to apply the Service to a specific domain name to begin using the Service. HostHound is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.
- Failure to Pay. If you fail to pay the fees due, we may suspend or terminate your Services and pursue the collection costs incurred by HostHound, including without limitation, any arbitration and legal fees and HostHound’s reasonable attorneys’ fees. If any check is returned for insufficient funds, HostHound may impose a minimum processing charge of $25.00 plus any applicable taxes. Accounts will not be activated or reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Subscriber Content that results from any suspension or reactivation. Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact HostHound directly after you make a late payment to reactivate the dedicated server.
- It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.
- You have ninety (90) days to dispute any charge or payment processed by HostHound. If you have a question concerning a charge you believe is incorrect, please call us and we will investigate. If you initiate a chargeback, there may be a minimum charge of $25.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes
- Compliance with Applicable Law.
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth shall apply where you are a Controller subject to the GDPR.
- Additional User Responsibilities.
- You will cooperate fully with HostHound in connection with HostHound’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Agreement will extend the time for HostHound’s performance of its obligations that depend on your performance.
- You will be solely responsible for ensuring that all Subscriber Content and Subscriber Websites are compatible with the hardware and software used by HostHound to provide the Services, which hardware and software may be changed by HostHound from time to time in its sole discretion.
- You will be solely responsible for backing-up all Subscriber Content, including any Subscriber Websites off of HostHound’s servers. This is an affirmative duty. HostHound is not responsible for the loss of any Subscriber Content. Note: It is essential that Subscribers backup files offline, even if user purchases or has products, such as Site Backup and Restore.
- You will use your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
- You will not use the Services in any manner, as determined by HostHound in its sole discretion, that:
- Engages in or promotes illegal activity;
- Engages in or promotes behavior that is defamatory, harassing, abusive or otherwise objectionable;
- Infringes the intellectual property rights or other proprietary rights of any third party;
- Violates the privacy rights or publicity rights of any third party;
- Interferes with the operation of the Services; or
- Violates the terms and conditions of this Agreement or any of the policies or agreements incorporated by reference herein.
- Third Party Websites.
The Services may contain links to other websites that are not owned or controlled by HostHound (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
- Term and Termination of the Services.
- Term of Services. The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the “Initial Term”). Unless you cancel prior to the end of the Initial Term or as otherwise stated in a notice sent to you at least thirty (30) days prior to the expiration of your then-current term, the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Period”). You acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment method on file up to fifteen (15) days prior to the end of each Renewal Period, unless you terminate or cancel the Services prior to such charge as provided in this section. The “Term” of this Agreement shall include the Initial Term and all Renewal Periods, if any.
- Termination Procedure. You may terminate or cancel the Services you purchased at any time during the Term by giving HostHound notice by phone at (888) 401-4678 or chat. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in HostHound’s sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the thirty (30) day money-back guarantee if applicable. After the account is canceled, all Subscriber Content will be permanently removed from the server. Please make a backup of all Subscriber Content before you contact HostHound to cancel your account.
- Disabling automatic renewal option. Subscriber must notify HostHound at least sixteen (16) business days prior to the Services or domain renewal date to disable the automatic renewal option. Such notification may be by opening a ticket. This request must include verification of ownership of the account and/or domain(s), as determined by HostHound in its sole discretion.
- Domain Parking. If the account is downgraded to a free domain parking account, all Subscriber Content will be permanently removed from the server. Please make a backup of all Subscriber Content before you disable auto renewal. So long as your Account remains active, other products and services on the Account such as domain names or Domain Privacy will continue to auto renew unless you cancel them.
- Termination by HostHound. HostHound may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due hereunder to HostHound; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm HostHound or others, cause HostHound or others to incur liability, or disrupt HostHound’s business operations (as determined by HostHound in its sole discretion); (iv) you are abusive toward HostHound staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement. In such event, HostHound will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
- Shared (non-reseller accounts)
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
- Modification of Services. HostHound reserves the right to modify, change, or discontinue any aspect of the Services at any time.
- Data Deletion. Upon termination of the Services for any reason, Subscriber Content, Subscriber Websites, and other data will be deleted. You should always maintain back-up copies of all Subscriber Content, Subscriber Websites, and other data. HostHound is not responsible for the loss of any Subscriber Content. It is essential that Subscribers backup files offline, even if user purchases or has products, such as Site Backup and Restore.
- 30 Day Money-Back Guarantee
- If you purchase an account with a thirty (30) day money-back guarantee, you may receive a full refund of all basic hosting fees paid (the “Money-back Guarantee Refund”) if you cancel within the first thirty (30) days of the Initial Term (the “Money-back Guarantee Period”) and make a written request to HostHound’s billing department for such refund. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this section. Money-back Guarantee Refunds only apply to basic hosting services and do not apply to domain registration fees (except as set forth below during the first 3 days of registration), setup fees, or any fees for additional Services.
- The Money-back Guarantee Refund is valid for credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods.
- Nonrefundable Fees.
Fees paid by Subscriber in connection with the purchase of add-on services, including without limitation, SSL certificates, AppMachine, Site Backup Pro, Pay Per Click Marketing (PPC), cPanel QuickStart, WordPress QuickStart, Site Doctor, website transfer, Design Service Standard, Design Service Plus, Design Service Premium, SEO Package, SiteLock, Constant Contact, domain privacy, and domain names are non-refundable, as are payments made by check for $10.00 or less due to processing fees, unless otherwise expressly provided.
- Cancellations within First 3 Days of Registration. In the event Subscriber cancels the Services within three (3) calendar days of registration and requests a refund in compliance with the terms and conditions of this section, Subscriber will receive a Money-back Guarantee Refund. In addition, Subscriber has the option, but not the obligation, to retain ownership and control of any promotional “Free Domain Name” registered in connection with the subscription, in which case Subscriber’s refund will be reduced by $15.99 per domain name.
- Cancellations After 3 Days and Before 30 Days.
In the event Subscriber cancels the Services after the expiration of three (3) calendar days, but prior to the expiration of thirty (30) calendar days, Subscriber will receive a Money-back Guarantee Refund subject to the following:
- Free Domain Names: If Subscriber registers any domain name as part of a “Free Domain Name” promotion in connection with the registration, Subscriber’s refund will be reduced by $15.99 per domain name. Subscriber will retain full ownership and control of any such domain names.
- Any fees paid by Subscriber for a Dedicated IP will be refunded at a prorated rate based on the registration date, the length of service, and
the date of cancellation.
- Cancellations After 30 Days. HostHound does not offer refunds for cancellations that occur after thirty (30) calendar days.
- Disk space and bandwidth policy:
- Diskspace and Bandwidth is ” Unmetered” or which means you are not charged according to the amount of diskspace or bandwidth you use.
- We require all customers to be fully compliant with our Terms of Service and to only utilize disk space and bandwidth in the normal operation of a personal or small business website.
- If we have concerns about your account’s bandwidth or disk space utilization, you will receive an email asking you to reduce usage.
- Permitted CPU and Disk Usage.
All use of hosting space provided by supportdesk is subject to the terms of this Agreement and the Acceptable Use Policy.
- Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. supportdesk expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. supportdesk may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of supportdesk’s terms and conditions.
- Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
- Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.