Closure of your account does not automatically or necessarily entitle you to a refund of any fees due or paid.
Hostaroos accounts cannot be transferred or used by anyone other than the subscriber. You may not sell, lease, rent or assign accounts to any party that has not expressly accepted and agreed to be bound by the terms and conditions of this Agreement. Shared hosting accounts cannot be used for resale purposes. Violations of any of the provisions of this Section are grounds for the suspension and/or violation of a user account. Any and all sites hosted by Hostaroos must be registered with the same entity unless expressly and previously authorized in writing by Hostaroos. Account/hosting service/domain name transfer must be approved by the Hostaroos Billing Department (firstname.lastname@example.org)
You agree to, and shall, without limitation or exception, indemnify, defend, and hold harmless Hostaroos.com.au and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees from and against any claim, demand, action, damages, liability, loss, costs, or expenses, including reasonable attorneys’ fees, due in whole or in part to any breach or violation of this Agreement, including, but not limited to:
Services provided to you by Hostaroos may only be used for lawful purposes. The transmission or publication of any information, data, or material in violation of any federal or state regulation or law is strictly prohibited and grounds for immediate cancellation of your account. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material, obscene material, material that is deemed to be suited for "adults only," pornography, child pornography, as well as links to or instructions for accessing the foregoing. Hostaroos reserves the right to remove any and all materials which infringe on copyright work or in response to a Digital Millennium Copyright Act take down notice or that otherwise violate permitted use of the services offered by Hostaroos. Examples of non-acceptable content or links include, but are not limited to, hacker applications/archives, "Warez" sites, proxy applications, IRC, rapidleech (and similar), torrents, torrents listings, and spam applications.
You warrant that:
Hostaroos offer Domain registration through the registrar Reseller Club, Crazzy Domains, Enom, Dream Space, Online NIC, and GoDaddy. By using our service and domain registration, you agree to all the term and conditions that are set out by all the above mentioned domain registrar for the domain registration.
Your website domain maybe automatically indexed by Google and listed in popular listings and directories.
Hosting space is intended for normal use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data nor for the sole purpose of mass e-mail/solicitation. Hosting space may not be used as off site storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account. MS SQL remote management/connections: the provided remote connection interface is to be used with the purpose of managing your MS SQL database remotely and NOT for the purpose of using our MS SQL for remote SQL storage for other sites/applications - violating this rule will result in account suspension.
You must formally notify Hostaroos of any cancellation by completing an Account Cancellation Form/Support Ticket from Hostaroos Billing Portal in order to cancel your account with us. Hostaroos will not process any other requests submitted outside of our Billing Portal. Absent a valid cancellation, Hostaroos will automatically renew your account for the next billing cycle one month before the account expiration date. Orders received for previously canceled accounts will not be processed and accounts will not be activated. Credit card or PayPal chargeback will result in automatic cancelation and deletion of the customer's account from our servers. A $15.00 re-activation fee will apply to all suspended accounts due to non-payments of due fees. There will be a $15.00 reinstating fee for any cancel account. Transferring your domain to another provider does not constitute canceling your Hostaroos account.
(Hostaroos reserves the right to charge the following non-refundable fees)
All fees, discussed in #12 of Hostaroos Terms and Conditions are charged ONLY upon demand and with the clients knowledge.
Hostaroos may communicate with you through e-mail for issues related to billing, changes, additions and modifications to the network. It is your responsibility to provide a valid and operational electronic mail address and to check that address for e-mail sent to you. It is your further responsibility to inform Hostaroos of any changes to your account, such as phone number, address, credit card information. You may be required to provide verification for security purposes authorizing you to make any changes to an account. The use of profanity in language, or abuse towards any Hostaroos employee via chat, e-mail, phone, e-ticket system, or in any other form will result in a complete block from the Hostaroos support system and subject your account to cancellation without a refund.
Hostaroos is not responsible for files or data loss. It is the client full responsibility for file and data transfer and maintaining backup file of your own account. Backup are used solely by Hostaroos for emergency or server restoration only. There will be no backups for accounts that have been suspended or terminated. Hostaroos will not be responsible for any data loss related to accounts that have past due invoice or suspended due to non payment. Hostaroos will not be responsible for any data loss.
If your shared hosting account downtime is not within the 99.9% uptime, you may request for credit on your account based on our Service Level Agreement. Uptime of the server is defined as the reported hardware and network availability, not uptime from individual service which is independent of the actual uptime of the server. Third party monitoring services reports may not be used for justification due to unreliable monitor's network capacity/transit availability. To requests credit, please open a support ticket to report your claim with justification based on our term and condition. Credit approval is at the discretion of Hostaroos.
Hostaroos makes no warranties of any kind, whether expressed, statutory, or implied for any of the services provided under this Agreement and expressly disclaims the same. The aforementioned includes but is not limited to warranties of merchantability, fitness for use, fitness for a particular purpose, and non-infringement. Your use of any Hostaroos service is at your sole risk. Any and all Hostaroos services are provided on an "as is" basis and "as available" basis. Unless otherwise set forth herein, Hostaroos expressly disclaims all promises, representations, and warranties relating to any and all Hostaroos services and add-on software or 3rd party software, including but not limited to their condition, their conformity to any representations or description, and the existence of any patent or latent defects. Hostaroos further makes no warranty that any service offered by Hostaroos will:
You expressly acknowledge and agree that Hostaroos shall not be liable for any indirect, incidental, special, consequential, or exemplary losses or damages, including without limitation damages for lost profits, foodwill, use, data, down time, failure to realize savings, or other indirect loss (even if advised as to the possibility of such damages) resulting from:
The relationship between you and Hostaroos is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Your right to use any service provided by Hostaroos is not transferable and is subject to any limits established by Hostaroos. You may not assign or transfer this Agreement in whole or in part to any third party without Hostaroos express, written consent, which shall be given, if at all, in Hostaroos sole discretion. Hostaroos may assign this Agreement at will.
You represent and warrant that you have read and understood this Agreement and that it constitutes a valid and legally binding agreement; and that you have full power, authority and legal capacity to enter into this Agreement and perform your obligations hereunder. If you are registering on behalf of a company or other entity, you agree that you have the authority to bind such company. This Agreement shall be inure to the benefit of, be binding upon, and be enforceable by the parties it describes and their respective officers, directors, employees, representatives, successors, and permitted assigns.
You agree that notices to you may be made via e-mail or regular mail. You also agree that notice of changes to this Agreement or other matters may be made by displaying notices or links to notices to you. Notices to Hostaroos may be made by such contact information as may be designated by Hostaroos for such purpose. Hostaroos may modify the terms and conditions of this Agreement, modify the prices of any Services governed by this Agreement, as well as discontinue or change the scope of any such Services with or without prior notification.
Hostaroos shall not be responsible for delays or failures in performing its obligations under this Agreement due to events of force majeure or any other cause beyond its reasonable control.
Hostaroos is the exclusive owner of all offered services except when any such service is offered under license. Under no circumstance are you to be considered an owner of any Hostaroos services or property. All communications to and from Hostaroos personnel via e-ticket, e-mail, and live chat are confidential and property of Hostaroos, and can not be disclosed or distributed to any third-party without the express written consent of Hostaroos.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the subject matter hereof. This Agreement may be amended by Hostaroos upon Hostaroos posting of a new version at https://hostaroos.com.au/privacy-policy.html
If any provision of this Agreement is found to be invalid or unenforceable in any jurisdiction in which it is performed, then the meaning of that section shall be interpreted, to the extent feasible, in a way that renders it enforceable. If no feasible interpretation is possible, the section will be severed from the rest of this Agreement and the rest of the Agreement will remain in full force and effect. No such severing shall affect the interpretation of the applicable provision or any other part hereof in any other jurisdiction or with respect to any other facts or circumstances.
Section headings provided herein are for convenience only and form no part of this Agreement and will not affect the interpretation of this Agreement.
The failure of Hostaroos to enforce or require enforcement of any provision of this Agreement will not constitute or be construed to be a waiver of its right to enforce or requirement enforcement of that or any other provision now or in the future.
Any cause of action arising out of or related to this Agreement must commence within one (1) year after the cause of action arose or any such cause of action is otherwise permanently barred. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, ownership, and limitations on liability shall survive any termination of this Agreement, except as expressly set forth therein to the contrary.