Hosted Power Terms of Service
1) Use Policy
You agree that you are responsible for maintaining your own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials ('Content') are the sole responsibility of the account from which such content originated. Hosted Power reserves the right, but does not assume the responsibility, to monitor or review any content on Hosted Power services. You agree that you are responsible for the conduct of all users of your account and any content that is created, transmitted, stored, or displayed by, from, or within your account while using Hosted Power services and for any consequences thereof. You agree to use Hosted Power services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Hosted Power services or servers or networks connected to Hosted Power services. You understand that any illegal actions or services can terminate the account immediately and no refund will be made. In case of serious infringements the proper authorities will be contacted as well.
2) Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. If you chose a free test for one of our services, your payment will be refunded in case you provide us at the latest 3 days after the test period with clear indications wherefore our service was not stable or performant enough. In any other case the minimum charge will remain at least 1 month.
3) Domain Renewal
By default domains will be auto renewed at least 45 days in advance unless you disabled autorenewal. If you pay each invoice timeley no domain should ever expire.
The current state of all domains is always shown in the customer portal under your account. It's your own responsibility to verify the renewal succeeded in time. If there are any problems contact our support team.
4) Domain TOS
- Hosted Power or its partners register domains as an authorized registrar. In the provision and/or management of domain names is Hosted Power in the relationship between the customer and those charged with managing the central database sites only as a mediator and has no influence on whether the customer applied for the domains can be assigned and/or are free of rights. Hosted Power is responsible for this and respect for the continued existence of the domain is no guarantee.
- The customer undertakes to guarantee that the domain name registration application and the intended use of the domain the rights of third parties not affected, that the registration counter there are no other practical or legal obstacles, the chosen name does not violate public decency and the registration order the guidelines of the relevant registry. Duty to verify the key system does not exist.
- The different Domains are administered by a multitude of different, usually national organizations (registries).Each organization which allocates domains has different requirements for the registration and administration of domains, and the proceedings in domain name disputes. Hosted Power is required to pass on these policies to their customers. As far as domains are the subject of the contract, are thus supplemented by the appropriate award conditions of each organization as part of the contract. The customer acknowledges that in that registration of a domain can be canceled at any time for violating the guidelines of the Registry.
- The customer further acknowledges that conditions can change the registration of the relevant registry from time to time, and agrees to inform themselves about it constantly. Hosted Power will provide information on significant changes in their newsletters.
- By registering and/or transferring a domain the customer authorizes Hosted Power, all updates, which he performs through Hosted Power (eg DNS Updates, WHOIS-Updates or other domain configuration) on his behalf directly and in perform real-time to the respective registry.
Establishment of this service is dependent upon receipt by the Hosted Power of all due charges. Subsequent payments are due on the anniversary date of the contract for that month's/year's service. Service will be interrupted on accounts that reach 1 week past due through suspension or termination. Hosted Power may temporarily deny service or terminate the agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Accounts not paid by due date might be subject to extra adminsitration fees and fines. The Subscriber accepts that providing on time payment to the Hosted Power is their responsibility, and agree that Hosted Power is not liable for any damages caused by interruption or termination of Service. In the event that the Subscriber fails to provide payment by 1 week after the invoice due date, Hosted Power may enlist the help of a third party collections agency and refer any due funds to them. The Subscriber agrees to pay any overdue fees including penalties and agrees to pay for any additional costs incurred by collecting the fees.
6) Request for cancellation
Contracts renew each invoice period (Year/Month/...) automatically unless stated explicitly otherwise. For your best interests we always reserve sufficient space and resources for your hosting requirements. Furthermore some fees we have to pay in advance ourselves (Domain registration etc). Therefore requests for canceling services must be made in writing within at least 14 days notice of the current period and sent to email@example.com or via postal mail. However you should always receive a written confirmation shortly after the request. If you have no reply/proof of the cancellation request, the contract remains valid at all times. In order for cancellation to succeed, the Subscriber must have paid any outstanding invoices to the Hosted Power. The Customer acknowledges that cancellation will result in all data stored on the cancelled service(s) being permanently erased.
7) Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOSTED POWER SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE HOSTED POWER SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO HOSTED POWER SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY OF HOSTED POWER AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE HOSTED POWER SERVICES , UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED THE (RECURRING) FEE FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM.