Terms & Conditions

This Terms of Service agreement (the “Agreement”) is a contract between 512 Hosting (“512 Hosting,” “we,” “us,” or “our”) and you (“User,” “you,” or “your”). This Agreement outlines the general terms and conditions governing your use of the products and services provided by 512 Hosting, as well as your use of the 512Hosting.com website (collectively, the “Services”). By accessing or using our Services, you agree to comply with and be bound by this Agreement. If you do not agree with any part of this Agreement, you are not permitted to use or access the Services.

PLEASE NOTE: THIS AGREEMENT INCLUDES PROVISIONS FOR CLASS ACTION WAIVER AND ARBITRATION THAT MAY IMPACT YOUR LEGAL RIGHTS.

 

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by 512 Hosting, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

Account

Your account setup will commence upon receipt of payment and subsequent screening of the order(s) by us and/or our payment partner(s) to prevent fraud. You are required to furnish us with an email address that does not belong to the domain(s) under which you are registering. In the event of any misuse or the need to contact you, the primary email address on record will be utilized. Maintaining the accuracy and currency of the email address on file is your responsibility. Falsifying any contact information may lead to the termination of your account or the rejection of your order. For purchases or transactions deemed high risk, it will be mandatory to submit government-issued identification and possibly a scan of the credit card used for the transaction. Failure to comply with these requirements may result in the classification of the order as fraudulent and subsequent denial.

Automatic Renewal.

Unless you notify 512 Hosting before the end of the applicable subscription period that you want to cancel a membership or an Upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Membership and upgrades can be canceled at any time from the Membership dashboard.

Domain Payment / Renewal.

In compliance with ICANN requirements, we will dispatch a domain renewal notice 30 days and 5 days prior to expiration, as well as 5 days after expiration.

We initiate domain renewals 30 days before their expiration to provide ample time for resolving any potential issues hindering the renewal process. These issues may include, but are not limited to, an expired credit card, insufficient funds.

For domains set to auto-renew, we will make an automatic renewal attempt on the designated renewal date. If the renewal is unsuccessful on that date, we will make another attempt on the expiration date. If a domain is not set to auto-renew, you will still receive renewal notices 30 days and 5 days before expiration, as well as a reminder 5 days after expiration. However, we will not automatically attempt to renew the domain for you. If you wish to manually renew a domain set to not auto-renew, you can do so through the domain details in our client dashboard 

Payment Method

Payment is accepted via Credit Card or PayPal. Payments must be initiated via the Client dashboard. Invoices must be paid in full to prevent a disruption of service. Invoice past due notifications will be sent to the primary email address stored for the membership.

Late Payment

All invoices issued by 512 Hosting must be settled within four (4) days of the invoice date. Any invoice that remains outstanding for more than four (4) days may result in the suspension or termination of services associated with the account. Access to the account will only be restored upon receipt of full payment. Failure to pay the specified fees within the stipulated timeframe may lead to the suspension or termination of your 512 Hosting account. In such cases, 512 Hosting reserves the right to pursue collection costs incurred during the process. These costs may include, but are not limited to, arbitration and legal fees, as well as reasonable attorneys’ fees. If your account is suspended or terminated due to non-payment, reactivation will only occur upon the successful settlement of all outstanding fees. Once payment has been received, access to services will be promptly reinstated. 512 Hosting will not activate new orders or packages for customers with an outstanding balance on their account. To initiate new services, customers must first settle any unpaid invoices associated with their account.

We understand that unforeseen circumstances may arise, leading to difficulties in meeting payment deadlines. If you anticipate any issues with timely payments, we encourage you to reach out to our billing department as soon as possible to discuss alternative arrangements.

Cancellations

Cancellation requests must be submitted from within the Client dashboard. A confirmation will be sent upon processing of the cancellation. Refunds are permitted within the first 30 days for first time members. Refunds for services rendered beyond the thirty day trial period will be prorated and offered at the discretion of 512 Hosting Billing Team. Refunds will not be permitted for members who deliberately violate this agreement or those who use the 512 Hosting resources for malicious purposes including the sending of unsolicitied spam, distributing malicious content, or storing and distributing copyrighted materials. If an account is suspended for lack of payment for a period that exceeds thirty days the content stored will be subject to removal and the services will be terminated. Submission of a cancellation request will result in the removal of all data stored under the account in question. Upon completion of a cancellation request there will be no means of reopening the original account to reclaim data. If services are desired following a cancellation a new order would be required and a new account would be provisioned.

Money Back Guarantee

512 Hosting offers a thirty (30) day money-back guarantee exclusively for its hosting services. Provided you adhere to the terms outlined herein, if you find the hosting services unsatisfactory and decide to terminate your account within the initial thirty (30) days of subscribing to the services, you will receive a refund equivalent to the hosting amount paid, excluding any setup fees. It’s important to note that this money-back guarantee is applicable solely to fees associated with hosting services and does not extend to administrative fees, install fees for custom software or other setup charges, or any fees related to additional services.

Backups and Data Loss.

It is the responsibility of the member to ensure that data is backed up frequently to prevent data loss. While 512 Hosting will strive to ensure that the loss of data will not take place we cannot guarantee that the availability of a backup for all content stored or distributed via our services. Users are encouraged to create and download backups of their data frequently.

Uptime Guarantee and Service Level Agreement.

We will guarantee a 99.9% uptime for the hosting services provided. In the event that an unscheduled service disruption were to occur a credit will be applied. A credit of one months service will be provided upon request. Scheduled maintenance and upgrades will be communicated as early as possible to members. Any maintenance or upgrades that are not deemed critical or time sensitive will be performed during off peak hours where possible. Notifications for scheduled maintenance will be sent to the primary email address on file

Responsibility of Members.

512 Hosting has not reviewed, and cannot review, all of the material, including computer software, uploaded to 512 Hosting servers, and cannot therefore be responsible for that material’s content, use or effects. By hosting content, 512 Hosting does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. 512 Hosting disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Copyright Infringement and DMCA Policy

As 512 Hosting asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by 512 Hosting violates your copyright, you are encouraged to notify 512 Hosting in accordance with 512 Hosting’s Digital Millennium Copyright Act (“DMCA”) Policy. 512 Hosting will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 512 Hosting will terminate a members’s access to and use of the Website if, under appropriate circumstances, the member is determined to be a repeat infringer of the copyrights or other intellectual property rights of 512 Hosting or others. In the case of such termination, 512 Hosting will have no obligation to provide a refund of any amounts previously paid to 512 Hosting

Intellectual Property.

This Agreement does not transfer from 512 Hosting to you any 512 Hosting or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 512 Hosting. 512 Hosting, 512 Web Hosting, 512hosting.com, the 512 Hosting logo, and all other trademarks, service marks, graphics and logos used in connection with 512 Hosting, or the Website are trademarks or registered trademarks of 512 Hosting or 512 Hosting’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any 512 Hosting or third-party trademarks.

DISCLAIMER OF WARRANTIES.

The website is provided “as is”.512 hosting and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 512 hosting nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted.

LIMITATION OF LIABILITY.

IN NO EVENT WILL 512 HOSTING, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO 512 HOSTING UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. 512 HOSTING SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

GENERAL REPRESENTATION AND WARRANTY

 You represent and warrant that (I) your use of the website will be in strict accordance with the 512 hosting privacy policy, with this agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the united states or the country in which you reside) and (ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.

ARBITRATION

By using the Services, you agree to submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) for any dispute related to, concerning, or arising out of this Agreement. The arbitration will be conducted before a single arbitrator selected by 512 Hosting and will take place at an AAA location chosen by 512 Hosting in Missouri. The payment of all filing, administrative, and arbitrator fees will be governed by the AAA’s rules, unless otherwise specified in this paragraph.

If you can demonstrate that the costs of arbitration would be prohibitive compared to the costs of litigation, 512 Hosting will cover as much of your filing, administrative, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration will be conducted on an individual basis only, and no claims may be arbitrated on a class action basis or in a representative capacity on behalf of others. The Federal Arbitration Act, not state arbitration laws, governs all arbitration under this paragraph.

All decisions made by the arbitrator will be final and binding on all parties. The arbitrator’s authority is limited to resolving claims between you and 512 Hosting only. Claims may not be joined or consolidated unless all parties agree in writing. No arbitration award or decision will have any preclusive effect on issues or claims in any dispute with anyone who is not a named party to the arbitration.

If you initiate litigation or any other proceeding against 512 Hosting in violation of this paragraph, you agree to pay 512 Hosting’s reasonable costs and attorneys’ fees incurred in enforcing this paragraph.

512 Hosting Governing Law; Jurisdiction</h

By using the Services, you agree to submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) for any dispute related to, concerning, or arising out of this Agreement. The arbitration will be conducted before a single arbitrator selected by 512 Hosting and will take place at an AAA location chosen by 512 Hosting in Austin Texas. The payment of all filing, administrative, and arbitrator fees will be governed by the AAA’s rules, unless otherwise specified in this paragraph.

If you can demonstrate that the costs of arbitration would be prohibitive compared to the costs of litigation, 512 Hosting will cover as much of your filing, administrative, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration will be conducted on an individual basis only, and no claims may be arbitrated on a class action basis or in a representative capacity on behalf of others. The Federal Arbitration Act, not state arbitration laws, governs all arbitration under this paragraph.

All decisions made by the arbitrator will be final and binding on all parties. The arbitrator’s authority is limited to resolving claims between you and 512 Hosting only. Claims may not be joined or consolidated unless all parties agree in writing. No arbitration award or decision will have any preclusive effect on issues or claims in any dispute with anyone who is not a named party to the arbitration.

If you initiate litigation or any other proceeding against 512 Hosting in violation of this paragraph, you agree to pay 512 Hosting’s reasonable costs and attorneys’ fees incurred in enforcing this paragraph.

Any dispute related to your access or use of our Services or this Agreement shall be resolved through confidential arbitration in Austin, TX. Arbitration under this Agreement will follow the applicable Consumer Rules (“Rules”) of the American Arbitration Association (AAA). The arbitration will be conducted in English by a single arbitrator chosen according to the Rules. The arbitrator’s decision will be final and binding and can be entered as a judgment in any court of competent jurisdiction. Each party will be responsible for their own arbitration fees and costs. To the fullest extent permitted by law, no arbitration under this Agreement shall be combined with any other arbitration involving another party under this Agreement, whether through class action proceedings or otherwise. If the Rules allow, both parties may appear telephonically or electronically.

You agree that any claim or cause of action arising from or related to the use of the Services or this Agreement must be filed within one (1) year of the occurrence, or it will be permanently barred. Notwithstanding the above, either party may seek equitable relief (such as injunctive relief) to protect its interests in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement shall be decided only by a court of appropriate jurisdiction and not through arbitration. If the law does not permit the dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, any actions and disputes shall be brought exclusively in a court of competent jurisdiction located in Austin, TX.

Opt-Out

You may opt out of this arbitration provision by notifying 512 Hosting within 30 days of entering into this Agreement or purchasing a subscription, whichever is earlier. You must do so in writing, addressed to 512 Hosting at 5900 Balcones Drive Ste 100, Austin, TX 78731, attn: Arbitration Opt-Out. Your opt-out notice must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with 512 Hosting through arbitration. If you opt out of arbitration, all disputes will be heard in a court of competent jurisdiction located in Austin, TX.

Class Action Waiver

You and 512 Hosting agree that any proceedings to resolve or litigate any dispute, whether through arbitration or in court, will be conducted solely on an individual basis. You waive the right to participate in any class action, representative action, collective action, or private attorney general action.