HostHut.com Terms of Service
If you register, transfer, or renew a domain name, you also agree to our Registration Agreement for Domain Names.
Last Modified September 21, 2009
This agreement governs your access to and use of Boardhost.com, Inc.'s ("Boardhost" or "we") HostHut.com service's facilities, web hosting accounts, and services (collectively the "Service"). In consideration for your right to use the Service, you agree as follows:
Boardhost.com, Inc. provides web hosting capabilities to the user, who is at least eighteen (18) years old. Service is provided "as is." There may, among other things, be unexpected downtimes, loss of data, or interruptions of service. BOARDHOST SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH INTERRUPTIONS OR DATA LOSSES, OR OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS. FURTHERMORE, THE COMPANY'S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
Boardhost is not obligated to monitor the Service, but may do so and may remove or edit content or adjust the settings of your account. Content that Boardhost may, in its sole discretion, elect to remove or edit include without limitation those which violate the "Content Restrictions" enumerated herein.
Features of our available plans can be found at http://hosthut.com/plans.html. The feature description for the plan you select is the description for that plan at http://hosthut.com/plans.html as of the date you create your account.
The amount of bandwidth (for example "30 GB Transfer") included with your plan is reset on a monthly basis, on the calendar day that you initially signed up for service (your "Monthly Renewal Date"). If you exceed the monthly bandwidth provided by your plan, and if permitted by Boardhost, you agree to an overage fee of $0.50 per GB of transfer, or otherwise the suspension of access to your site until your Monthly Renewal Date, at Boardhost's discretion. Boardhost will use commercially reasonable efforts to determine your bandwidth usage, and you agree that Boardhost's determinations shall be considered valid and final.
You may upgrade or downgrade your chosen plan at any time.
Payment for your service may be made on a month to month, quarterly, semi-annual or yearly basis, and all fees due in advance. Payment must be received before your current service expires in order for us to continue providing service. If payment is not received within seven (7) days of the expiration of your current service, Boardhost may permanently delete your account and any content associated with it. Boardhost ordinarily will remind you of the option to renew you service before it expires, but is not obligated to do so.
Boardhost shall not be responsible for any delays in delivery of payment or notifications.
All Boardhost fees and charges are payable in advance, are nonrefundable, and are exclusive of any tax, except as required by law.
Boardhost reserves the right to suspend or terminate your access to the Service should any credit or debit card you specify to Boardhost be rejected or should your card issuer (or its agent or affiliate) seek return of payment previously made to Boardhost where Boardhost believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Boardhost.
If you believe there are errors or discrepancies in amounts billed to your credit or debit card by Boardhost, you must notify us within sixty (60) days after you receive the disputed credit or debit card statement. Failure to notify Boardhost of errors or discrepancies within sixty (60) days after you receive the disputed credit or debit card statement shall release Boardhost from any liability for the alleged discrepancy.
Boardhost provides an encrypted gateway for payment, but we cannot guarantee the safety of any financial or other information you provide to us. YOU, AND NOT BOARDHOST, ARE RESPONSIBLE FOR ANY CHARGES MADE TO YOUR CREDIT OR DEBIT CARD BY THIRD-PARTIES WITHOUT YOUR AUTHORIZATION.
The following content is not permitted to be hosted on our service:
- Obscene material
- Material that infringes intellectual property or other proprietary rights of any party
- Material the posting of which is tortious or violates a contractual or fiduciary obligation you or we owe to another party
- Piracy, hacking, viruses, worms, or warez
- Any illegal content
- Any material deemed offensive or inappropriate by Boardhost, in its sole discretion, after you have been informed that Boardhost so deems the material (you agree that Boardhost may remove such material or direct you to remove it without prior notice, however)
ZERO TOLERANCE SPAM POLICY
Individuals or organizations that promote or use spamming (unsolicited bulk e-mail) or methods thereof are not allowed to create or use our services. We have the right to disable accounts of known or suspected spammers, at our discretion and without warning. Any reported incident of spamming, or any form of unsolicited e-mail or newsgroup posting that includes a link to or references to your hosting account or sites hosted through it, may result in IMMEDIATE termination of your account.
All emails sent through your hosting account, or referencing a site hosted through your hosting account must comply with the CAN-SPAM Act. A copy of the act's requirements is available at http://hosthut.com/doc/can-spam.pdf
You agree that we may apply a penalty to your account of $40 per spam message if this policy is violated, and you agree to pay such penalties.
You may cancel your web hosting account at any time, with at least 3 days notice prior to your Monthly Renewal Date. If you have purchased service on a quarterly, semi-annual or yearly basis, you will be eligible for a pro-rated refund of any remaining full months of service. If you have received a free domain name offer, and you have hosted with us for less than one full year, we have the right to subtract a $9.99 "Domain Registration Fee" from your refund.
Boardhost also reserves the right to cancel or suspend your web hosting account and remove all of its content, without warning, for any reason at its sole discretion.
Acts or failures to act for which Boardhost ordinarily will terminate an account include without limitation the following:
- Failure to maintain accurate contact information with Boardhost.
- Infringing the intellectual property or other rights of third-parties or Boardhost.
- Significant or repeat violations of any provision of these terms.
Boardhost reserves the right to modify these terms of service at any time. You agree to review these terms of service regularly, and, at a minimum, to review these terms of service at least once every 15 days. Your renewal of our services constitutes your acceptance of the new agreement. Boardhost may also, at its sole discretion, attempt to notify you by e-mail, or otherwise, of such changes. Boardhost shall not be responsible for your failure to receive e-mail notices that we have sent.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BOARDHOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOARDHOST (INCLUDING ITS CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES) OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
WAIVER OF DAMAGES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF SERVICE OR OTHERWISE, BOARDHOST SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL, DATA, OR OTHER LOSSES (EVEN IF BOARDHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE. FURTHERMORE, THE COMPANY'S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Boardhost and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any losses, damages or costs, including reasonable attorney's fees, resulting from any claim or demand arising out of or related to your (including your agents, affiliates or anyone using your board, whether or not on your behalf, and whether or not with your permission) use of the Service, including without limitation claims arising out of or related to your violation of these terms of service, or your violation of the rights of another person. Should Boardhost be notified of a pending legal action, or receive notice of the filing of a legal action, Boardhost may seek written confirmation from you concerning your obligation to indemnify Boardhost, and you agree to provide such confirmation promptly.
If you register, transfer or renew a domain name, you also agree to our "Registration Agreement for Domain Names", available at http://hosthut.com/domain_terms.html
You agree that Boardhost may preserve content and membership information and may release any or all preserved content or membership information to governmental agencies, courts, or other third-parties if we believe, in our sole discretion, that you have or may have committed illegal activities, violated these terms of service, violated the rights of third-parties, impaired in any respect the ability of Boardhost to operate the Service properly, or endangered in any respect Boardhost or third-parties, or in the event that the information is subpoenaed or subject to other judicial or administrative process.
Services are provided on a shared, and not dedicated basis. This means that other clients will be hosted on the same server, using the same resources. We may disable accounts, processes, scripts or files that we determine, at our sole discretion, to be using excessive server resources or negatively impacting other customers.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented on your board is protected by intellectual property or other proprietary rights and laws.
Notices to you may be made via either e-mail or regular mail. Boardhost may also provide notices of changes to these terms of service or other matters by displaying notices or links to notices to you generally on Boardhost's website or on the Service.
Boardhost shall have the sole discretion as to what constitutes a violation of any of these terms of service.
You may not sell or resell the Service or otherwise charge or receive any fees in connection with the Service.
You may not assign or otherwise transfer this agreement without Boardhost's explicit written permission, and subject to any requirements or restrictions on which Boardhost may condition such permission.
This agreement creates no third-party beneficiaries.
You warrant that all information you supplied to Boardhost during the account creation process is true and accurate to the best of your knowledge. You agree promptly to notify Boardhost of any changes to this information.
CHOICE OF LAW AND FORUM
The Boardhost Terms of Service shall be governed by the laws of the State of Iowa, USA, exclusive of choice-of-law principles. You hereby consent to the exclusive jurisdiction of the courts of the State of Iowa, USA in any and all disputes arising out of, or related to, your use of Boardhost's services.
If any condition in these terms of service is found unenforceable, Boardhost reserves the right to modify the condition to comply with the law. All remaining conditions shall remain valid and enforceable.
These terms of service contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. These terms of service supersede any prior written or oral agreements between the parties.
Boardhost's failure at any time to enforce any provision of these terms of service shall not constitute a waiver or limitation of Boardhost's right subsequently to enforce every provision of the terms of service.
CHECKING THE "I HAVE READ AND AGREE TO THE TERMS OF SERVICE" BOX ON OUR ORDER PAGE, OR CREATION AND/OR USE OF BOARDHOST'S SERVICES CONSTITUTE ACCEPTANCE OF THESE TERMS OF SERVICE.