Terms of Service:
The following terms and conditions govern all use of the 512 Hosting website and all content, services and products available at or through the website, 512 Hosting The Website is owned and operated by 512 Web Hosting. (“512 Hosting). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, 512 Hosting’s Privacy Policy) and procedures that may be published from time to time on this Site by 512 Hosting (collectively, the “Agreement”).
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.
Your 512 Hosting Account and Site. You are responsible for maintaining the security of your account and the content installed, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. 512 Hosting may remove content that it considers inappropriate or unlawful, or otherwise likely to cause 512 Hosting liability. You must immediately notify 512 Hosting of any unauthorized uses of your site, your account or any other breaches of security. 512 Hosting will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Acceptable Use Policy. If you operate a site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available via 512 Hosting services, you represent and warrant that:
Unacceptable website on our sever
Topsites
Any website related to Cannabis, CBD is strictly forbidden.
IRC Scripts/Bots
IRCD (irc servers)
Proxy Scripts/Anonymizers
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
Push button mail scripts
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Tell A Friend Scripts
Anonymous or Bulk SMS Gateways
Bitcoin Miners
PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
The unauthorized access, monitoring, collection, or use of data, systems or networks.
Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
Engaging in offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
Without limiting any of those representations or warranties, 512 Hosting has the right (though not the obligation) to, in 512 Hosting’s sole discretion (i) refuse or remove any content that, in 512Hosting’s reasonable opinion, violates any 512 Hosting policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in 512 Hosting’s sole discretion. 512 Hosting will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
General Terms.
Paid services such as hosting packages, dedicated IP addresses, SSL certificates, or domain purchases are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay 512 Hosting the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are non refundable unless specifically stated otherwise.
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.
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.
Cancellation and Refunds. 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.
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.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages hosted on 512 Hosting servers, as well as that of those that link to 512 Hosting. 512 Hosting does not have any control over those non-512 Hosting websites and webpages, and is not responsible for their contents or their use. By linking to a non-512 Hosting website or webpage, 512 Hosting does not represent or imply that it endorses such website or webpage. 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.512 Hosting disclaims any responsibility for any harm resulting from your use of non-512 Hosting websites and webpages.
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.
Advertisements. 512 Hosting will not display advertisments within your content. Hosting services are subscription based and ad-free.
Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
Changes. 512 Hosting reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Revision history will be maintained on-line and active members will be notified via the email address on file of changes to these terms. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. 512 Hosting may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
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.
Indemnification. You agree to indemnify and hold harmless 512 Hosting, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
