Terms of Services
1. Introduction
Welcome to HostingCare LLC. By using our services, you agree to comply with and be bound by the following Terms of Service ("Terms"). Please review the following terms carefully. If you do not agree to these terms, you should not use our services. HostingCare LLC reserves the right to amend these Terms at any time. Your continued use of our services constitutes your acceptance of any changes to the Terms.
2. Services Provided
HostingCare LLC provides a range of web hosting services designed to meet the diverse needs of our clients. Our services include but are not limited to:
- Shared Hosting: A cost-effective solution for small to medium-sized websites, offering shared resources on a single server.
- VPS Hosting: Virtual Private Servers provide more control and flexibility, suitable for growing websites requiring dedicated resources.
- Dedicated Servers: High-performance dedicated servers for businesses with high traffic websites and applications.
- Domain Registration: Easy and efficient domain registration services to secure your online presence.
- Email Hosting: Reliable and secure email hosting solutions for personal and business use.
3. Acceptable Use Policy
3.1 Prohibited Content
Customers are strictly prohibited from hosting the following types of content on our servers:
- Illegal Content: Any content that is illegal under applicable laws, including but not limited to pirated software, hacking tools, and malicious software.
- Adult Content: Pornographic or obscene material is strictly prohibited.
- Copyrighted Material: Unauthorized hosting or distribution of copyrighted materials, including music, movies, software, and other media, without proper authorization is forbidden.
3.2 Compliance
Customers must ensure that their use of our services complies with all applicable laws and regulations. HostingCare LLC reserves the right to terminate services for any customer found in violation of these terms without prior notice and without refund.
3.3 Resource Usage
Customers must not use our services in a manner that excessively consumes resources or adversely affects server performance or network integrity. HostingCare LLC reserves the right to impose limits on resource usage and to suspend or terminate accounts that violate these limits.
4. Payment, Billing, and Refunds
4.1 Payment Methods
HostingCare LLC currently accepts Bitcoin as the primary payment method. Customers are responsible for ensuring timely payment of all fees associated with their services.
4.2 Billing Cycles
We offer flexible billing cycles to accommodate the needs of our customers:
- Monthly Billing: Customers are billed every month for their services.
- 6-Month Billing: Customers can opt for a 6-month billing cycle, offering convenience and potential cost savings.
- Yearly Billing: Annual billing is available for customers who prefer a longer-term commitment.
4.3 Refund Policy
HostingCare LLC does not offer refunds for services purchased. All sales are final, and no compensation is provided for services that have been suspended due to non-compliance with these Terms or other policies.
4.4 Late Payment Penalties
We do not charge penalties for late payments. However, any service due for payment will be suspended until the payment is made. Customers are responsible for ensuring their payment information is up-to-date to avoid service interruptions.
5. Uptime Guarantee and Compensation
5.1 Uptime Guarantee
HostingCare LLC guarantees 99.9% uptime for our services. We strive to maintain the highest level of reliability and performance for our customers.
5.2 Compensation for Downtime
In the event of downtime, HostingCare LLC will compensate customers with additional hours or days equivalent to the duration of the downtime. This compensation is provided as a service credit and is not redeemable for cash.
6. Customer Responsibilities
6.1 Account Security
Customers are responsible for keeping their account information secure. This includes but is not limited to usernames, passwords, and any other security credentials. Customers must notify HostingCare LLC immediately if they suspect any unauthorized use of their account.
6.2 Prohibited Activities
Customers must not use our services for any illegal activities. This includes but is not limited to:
- Engaging in or promoting illegal activities.
- Spamming or sending unsolicited emails.
- Distributing malware, viruses, or other harmful software.
- Infringing on the intellectual property rights of others.
Any such use will result in immediate termination of services without prior notice and without refund.
6.3 Reporting Security Breaches
Customers are obligated to report any security breaches or suspected breaches to HostingCare LLC immediately. Failure to report breaches promptly may result in termination of services.
7. Termination
7.1 Termination by HostingCare LLC
HostingCare LLC reserves the right to terminate services for any customer who violates these Terms, other policies, or applicable laws. Termination may occur with or without prior notice and without refund.
7.2 Termination by Customer
Customers may terminate their services at any time by providing written notice to HostingCare LLC. No refunds will be issued for any remaining unused portion of the services.
8. Intellectual Property
8.1 Ownership
All content, trademarks, and data provided by HostingCare LLC, including but not limited to text, software, code, designs, and graphics, are the intellectual property of HostingCare LLC. Customers do not gain any ownership rights to this content by using our services.
8.2 Use of Intellectual Property
Customers may not use HostingCare LLC's intellectual property, including trademarks, logos, and service marks, without prior written consent from HostingCare LLC.
9. Disclaimers and Limitation of Liability
9.1 Disclaimer of Warranties
HostingCare LLC provides its services on an "as is" and "as available" basis, without any warranties of any kind, express or implied. We do not warrant that our services will be uninterrupted, error-free, or completely secure.
9.2 Limitation of Liability
HostingCare LLC is not liable for any indirect, incidental, special, or consequential damages arising out of the use of or inability to use our services, even if we have been advised of the possibility of such damages. Our total liability to any customer shall not exceed the amount paid by the customer for the services in question during the twelve months prior to the event giving rise to the liability.
10. Indemnification
Customers agree to indemnify, defend, and hold harmless HostingCare LLC, its officers, directors, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from their use of our services, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the jurisdiction in which HostingCare LLC operates, without regard to its conflict of law principles.
11.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or the services provided by HostingCare LLC shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the jurisdiction where HostingCare LLC is located, and the arbitrator's decision shall be enforceable in any court of competent jurisdiction.
12. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely achieves the intent of the original provision.
13. Entire Agreement
These Terms constitute the entire agreement between HostingCare LLC and the customer with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and HostingCare LLC.
14. Data Protection and Privacy
14.1 Data Collection
HostingCare LLC is committed to protecting the privacy of our customers. We collect and process personal data in accordance with applicable data protection laws and regulations. By using our services, you consent to the collection and use of your personal data as described in our Privacy Policy.
14.2 Data Security
We implement appropriate technical and organizational measures to protect the personal data of our customers against unauthorized access, accidental loss, destruction, or damage. However, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.
14.3 Data Retention
HostingCare LLC retains personal data for as long as necessary to fulfill the purposes for which it was collected or to comply with legal, regulatory, or internal policy requirements. When personal data is no longer needed, we take steps to anonymize or securely delete it.
15. Service Modifications
15.1 Service Changes
HostingCare LLC reserves the right to modify or discontinue, temporarily or permanently, any service or part thereof with or without notice. Customers agree that HostingCare LLC shall not be liable to them or to any third party for any modification, suspension, or discontinuance of any service.
15.2 Service Updates
From time to time, HostingCare LLC may release updates, enhancements, or improvements to our services. Customers agree to accept such updates and acknowledge that these updates may result in changes to the appearance or functionality of the services.
16. Third-Party Services
16.1 Third-Party Content
Our services may include access to third-party content or services. HostingCare LLC is not responsible for and does not endorse any third-party content or services. Customers use such third-party content or services at their own risk and are subject to the terms and conditions of the respective third parties.
16.2 External Links
HostingCare LLC services may contain links to external websites. We are not responsible for the content, privacy policies, or practices of any external websites. Customers should review the terms and conditions and privacy policies of any external websites they visit.
17. Notices
17.1 Notice to Customers
HostingCare LLC may provide notices to customers via email, regular mail, or postings on our website. It is the customer's responsibility to ensure that their contact information is current and accurate.
17.2 Notice to HostingCare LLC
Customers may contact HostingCare LLC for notices or other communications via the contact information provided on our website. Notices will be deemed received when received by HostingCare LLC.
18. Force Majeure
HostingCare LLC shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or failure of communication networks.
19. Waiver
The failure of HostingCare LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of HostingCare LLC.
By using the services provided by HostingCare LLC, you agree to the terms and conditions outlined in this Terms of Service document. If you have any questions or need further clarification, please contact our support team.
Thank you for choosing HostingCare LLC.
