We feel great pride in knowing that you choose HostChive for your online presence, you put your trust and faith in us, so, it is of utmost importance that we open ourselves to our customers too and let them know what they have bargained for.
This notice applies to all information collected on the HostChive website, or submitted to HostChive at any time through any of our services on the website.
Personally Identifiable Information - When visiting HostChive's Web site and signing-up for or using an HostChive powered service such as registering for a domain, our Forum, Tell-A-Friend or Reporting Abuse, you may choose to supply HostChive with information that identifies you personally. This information may include your name and contact information, as well as other demographic or commerce related information.
A cookie is a small text file that is stored on a user?s computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.
We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file.
We set a persistent cookie to store your passwords, so you don't have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.
If you reject cookies, you may still use our site, but you will be asked to enter your username and password again every time you closed your browser or your session has timed out.
Some of our business partners (e.g., advertisers) use cookies on our site. We have no access to or control over these cookies. See "Third Party Advertisers."
This privacy statement covers the use of cookies by HostChive only and does not cover the use of cookies by any advertisers.
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users? movements around the site and to gather demographic information about our user base as a whole.
We do not link this automatically-collected data to personally identifiable information. IP addresses are tied to personally identifiable information to prevent and block abusers to keep using our services such as members who violates our terms of service.
We use a third-party tracking service that uses cookies and log files to track non-personally identifiable information about visitors to our site in the aggregate of usage and volume statistics to determine how our users navigate through our website and to know how many users are using our services demographically.
We use the information you provide about yourself or others to complete the transaction for which it is intended. This may include administering a service such as registration, email, forum, etc., or contacting you if you have indicated your permission to do so by agreeing to accept further notification and service announcement from us on your member profile page. You can choose to opt-out of receiving any further notification from your member profile page. We do not share this information with outside parties without your permission.
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend?s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. HostChive stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
If you use the Support Forum on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in this forum. ese forums.
Upon using our free services, you will be requested to participate in our periodic internal surveys which are conducted by HostChive to determine your personal interests. These surveys are strictly voluntary. The data collected through these surveys will be used solely to determine the type of advertisements you will be exposed with when you are logged in to your control panel account.
Each survey will be sponsored by our partners, which will be in a form of survey prizes. However, any PII collected will not be shared in any way to any of our partners or affiliates. The information collected will only be used to enhance our Web site and your experience and to award prizes.
The surveys will be prompted when you are logging in to your HostChive account, a new survey will be prompted to you, whenever it is available.
When we receive email, we use return email addresses to reply with the information requested. Such addresses are not used for any other purpose and are not shared with outside parties. When supplying contact information to HostChive you can indicate your preference if you would like to be contacted to receive information and updates about our services by logging in to your HostChive account, going to your member profile page and choose not to receive any further notification emails from us or other information pertaining to HostChive.
Information you submit to us will not be used for this purpose unless you indicate this as your preference. When supplying contact information to HostChive you can indicate your preference on your members profile page to participate in the HostChive program if you would like to receive special offers from other companies that we think may be of interest to you through our periodically newsletter. Information you submit to us will not be used for this purpose unless you elect to participate in the HostChive program or otherwise consent.
You will receive a confirmation email from us when placing an order on our site and paying through one of our trusted 3rd parties such as PayPal or 2Co. They only share back information with us about the transaction such as your name, item ordered, email address, etc.
We share aggregated demographic information about our user base with our partners and advertisers. This information does not identify individual users. We use non-identifying and aggregate information to better design our Web site and services, and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our Web site, or that Y number of men and Z number of women use a certain service, but we would not disclose anything that could be used to identify those individuals unless they indicated this as their preference by participating in the HostChive program.
We do not link aggregate user data with personally identifiable information.
HostChive does not share, sell, rent, or trade PII with third parties for their promotional purposes except with your consent as described in this privacy policy.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described within this privacy policy without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
You can access all your personally identifiable information that we collect online and maintain by logging into your password-protected account and selecting to update your Profile or Personal Info. We use this procedure to better safeguard your information. You can also correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
HostChive considers email transmitted via our service to be the private correspondence between the sender and recipient. We will not monitor, edit or disclose the contents of a user`s private communications, except as required by law, to comply with legal process, if necessary to enforce the Service Agreement, to respond to claims that such contents violate the rights of thirdparties, or to protect the rights or property of HostChive. By using the service you agree that technical processing of email communications is and may be required to send and receive messages, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service, or to conform to other, similar technical requirements. By using the service you acknowledge and agree that HostChive do not endorse the content of any user communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security on our Web site, you can send email us at privacy@HostChive.com
This Web site contains links to other sites that are not owned or controlled by HostChive. Please be aware that we, HostChive are not responsible for the privacy practices of such other sites.
We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.
This privacy statement applies only to information collected by this Web site.
If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.
HostChive Privacy Department HostChive Ltd.If you are facing any technical issues feel free to contact HostChive proactive customer support team by emailing us at (support@hostchive.com) before claiming a refund, as we will be happy to solve any problems that you have regarding our products and services.
There are no refunds on dedicated servers. The thirty day (30) day money- back guarantee does not apply to dedicated servers.
HostChive offers a thirty day (30) day money- back guarantee for HostChive's shared and reseller hosting and VPS services. Subject to the terms described in Section below, if you are not completely satisfied (100% Satisfaction Guarantee) with these hosting services and you terminate your account within thirty days (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to domain registrations, administrative fees, installation fees for custom software, any software licensing fees or other setup fees, or to any fees for any other additional services.
If an account with an applicable thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request (the "Refund Request") to the HostChive Billing department, within ninety (90) days of such termination or cancellation ("Notice Period"), receive a full refund of all basic shared, VPS and reseller hosting fees previously paid by you to HostChive for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of this section. Requests for these refunds must be made in writing to the HostChive Billing department. Refunds will only be issued for shared, reseller, and VPS hosting services and will not include domain registrations, administrative fees, install fees for custom software, any software licensing fees or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Only first-time accounts are eligible for a refund. (For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund.)
Violations of this Agreement will waive your rights under the refund policy.
There are no refunds on dedicated servers, domain registrations, administrative fees, software licensing fees, and install fees for custom software.
You may terminate or cancel the Services by giving HostChive written notice via our cancellation form. In such event: (1) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (2) HostChive may, in our sole discretion, provide an account credit for all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be credited) less any setup fees and any discount applied for prepayment, provided that you are not in breach of this Agreement. Except as otherwise provided for in Section 18.1 of this Agreement, no refund will be issued for any pre-paid fees.
Cancellations for shared hosting, reseller hosting, dedicated and VPS accounts will be effective immediately upon receipt of the cancellation request. It is your responsibility to ensure that you are ready for the immediate termination of your account prior to requesting account cancellation.
Domain renewals are billed and renewed seven (7) days before the renewal date. It is your responsibility to notify HostChive's Billing department to cancel any domain registration at least seven (7) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and HostChive is not responsible for any change in exchange rates between the time of payment and the time of refund.
HostChive may terminate your access to the Services, in whole or in part, without notice in the event that:
In such event, HostChive shall 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. Additionally, HostChive may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
The following is the entire Acceptable User Policy ("AUP") agreement between HostChive ("HostChive") and the personal or corporate account holder ("YOU/YOUR/Customer").
HostChive provides World Wide Web Hosting, Marketing, and Development.
HostChive has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services.
HostChive general policy is to act as a provider of Internet presence. HostChive reserves the rights to suspend or cancel a customer's access to any or all services provided by HostChive when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server or customer of HostChive is strictly prohibited.
HostChive will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to HostChive, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - HostChive has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by HostChive to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are outof-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18- years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
HostChive will not tolerate any form of storage space abuse. At least 90% of YOUR web pages ("HTML") must be 'linked' with files (GIF, JPEG, etc.) stored on HostChive servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of HostChive Management ("MANAGEMENT"), with or without prior notice.
If YOU do not qualify for the free service, disk space will go unmonitored until YOU reach the amount allocated to YOUR specific web hosting plan ("PLAN"). Thereafter, normal website data storage costs $0.20/1MB/month will be billed to YOUR account. If you want to pre-pay for disk space overages, you will be billed $0.10/1MB/month.
YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or HostChive has the sole decision to deactivate any and all servers.
HostChive will be the sole arbiter as to what constitutes a violation of this provision.
The intention of HostChive is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
If YOU do not qualify for the free service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth overages, YOU will be billed $5.00/1GB/month.
YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or HostChive has the sole decision to deactivate any and all servers.
HostChive will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in account cancelation.
HostChive takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through HostChive ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with HostChive at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - HostChive endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ("unavailability") is defined as 100% packet loss from HostChive to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via HostChive's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the HostChive NOC.
HostChive's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the HostChive network.
(3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, HostChive will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
Monthly Uptime Credit:
(3b.)MANAGE DEDICATED SERVERS - For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customer's services during the month and the calculated actual level of availability of the Customer's services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month.
In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an email message to billing@HostChive.com. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by HostChive. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage.
(4.) RESTRICTIONS - Credit shall not be provided to YOU in the event that you have any outage resulting from:
HostChive provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
However, in under no circumstances is HostChive neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers)
We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with HostChive. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides 'real-time' chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.
HostChive installed and provides special file-servers in our network infrastructure for YOUR benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the webservers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP.
In addition, all electronic files stored within HostChive's file-servers must be legallyowned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications.
File-servers will not be backed up. YOU are advised to have YOUR own backup locally or elsewhere other than within the HostChive's servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice.
This service is only available for HostChive's SHARED-HOSTING customers.
We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum filesize of 20MB per email message. If YOU violate HostChive policies persistently in email activities, YOUR account will be suspended and deleted.
We may allow programs to run continually in the background. These are considered on a one-toone basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (This section does not apply to managed dedicated servers).
We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can however, install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of prepayment. HostChive reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifies HostChive to request for termination of services. All payment is in U.S. currency. HostChive will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All HostChive accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $50.00 fee. Please contact the billing department at billing@HostChive.com should you wish to change your anniversary billing cycle.
HostChive reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by HostChive if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.).
All of HostChive's PLANS are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation.
If YOU cancel, the full contract amount less any setup fees and overages will be refunded if HostChive is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers.
All account cancelations must be done via our cancelation form at YOUR hosting account control panel. Phone or email requests will not constitute acceptance of any cancelation.
HostChive may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement.
Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
Material accessible to you through HostChive's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use HostChive or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the HostChive network. If YOU use a domain name in connection with HostChive or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the HostChive network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. HostChive will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
YOU expressly
(i) grant to HostChive a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by HostChive under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.
HostChive shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by HostChive. HostChive reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
YOU agree to pay HostChive prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the HostChive price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. HostChive reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from HostChive to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by HostChive) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to HostChive as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. HostChive will reinstate YOUR domain name registration solely at HostChive discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
YOU agrees to pay HostChive prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the HostChive price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
HostChive reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from HostChive to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by HostChive) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to HostChive as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. HostChive will reinstate YOUR domain name registration solely at HostChive discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar away from HostChive
HostChive reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and HostChive will not be held liable for the failure of a domain name transfer for any reason.
HostChive reserves the right to refuse service to anyone. YOU may only use HostChive server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of HostChive management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that HostChive may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL HostChive'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD HostChive HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST HostChive, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HostChive AGAINST LIABILITIES ARISING OUT OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH HostChive'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM HostChive'S SERVER.
HostChive WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. HostChive MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. HostChive DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY HostChive AND ITS EMPLOYEES. HostChive RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF HostChive MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.
HostChive follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
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