HostingIt365 (referred hereinafter as 'HostingIt365', 'our', 'we' and 'us') is a web hosting firm. All accounts on our web servers are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgment that you have read, understand, and agree to the terms and conditions below.

1. User Conduct

Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to HostingIt365, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

This means that while using the service, you may not:

• Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or violate any law.
• Restrict or inhibit any other user from using and enjoying the Internet.

HostingIt365 reserves to the right to the final decision on what constitutes abuse.

2. Resource Usage, Adult-Oriented Sites

Users may not initiate the following on our servers:

• Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
• Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any site with adult-oriented content, including but not limited to any pornographic material.

The following scripts are banned from all servers:

• AlienForm (all versions)
• formmail.pl
• Greymatter (all versions)
• Ikonboard (all versions)
• IRC Egg Drops & IRC related programs. (chat software)
• lstmrge.cgi
• Proxy Servers & Scripts (EX: nph-proxy)
• Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives
• The Anonymizer
• UltimateBBS (all versions)
• YABB + YABB se (all versions)
• Hacking / spoofing / sniffing scripts / programs
• Script(s) using & processes a massive number of flatfiles or large flatfile databases.

Users are also required to abide by the following:

• Databases are only to be used for HostingIt365-hosted web sites, and no outside access will be granted.

3. Zero Tolerance Spam Policy

HostingIt365 is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the HostingIt365 network, by customers or any other users of the HostingIt365 network; AND/OR over ANY network- if the message sent advertises or mentions a site hosted on the HostingIt365 server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an HostingIt365 email address or web site URL is prohibited. The use of HostingIt365 servers as a mail drop for responses to activities described above is also prohibited.

If your domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services, such as installations of software or IP addresses.

No mass email marketing or free email businesses allowed!!

We do not allow mass email marketing sites on our servers. It doesn't matter if it's opt_in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the servers performance.

4. SSH Policy

HostingIt365 enforces a strict "No SSH" policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services, will be instantly suspended.

5. Indemnification

You agree to indemnify, defend, and hold harmless HostingIt365 from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, HostingIt365, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

6. Refusal or discontinuation of service

HostingIt365 reserves the right to refuse or discontinue service to anyone at HostingIt365' sole discretion. HostingIt365 may deny you access to all or part of the service without notice if you engage in any conduct or activities that HostingIt365 in its sole discretion believes violates any of the terms and conditions in this agreement. HostingIt365 shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that HostingIt365 has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. HostingIt365 reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Abusive language or using profanity via email or helpdesk will not be tolerated and are terms for immediate service termination. HostingIt365 also reserves the right to refuse refunds in cases where HostingIt365 believes abuse has taken place.

7. No warranties

HostingIt365 makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by HostingIt365 or its agents or employees shall create a warranty. HostingIt365 provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall HostingIt365 be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with HostingIt365 service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on HostingIt365' servers that such information becomes available to all Internet users and that HostingIt365 has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of HostingIt365' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through HostingIt365 or on the Internet generally.

Your use of the service is at your sole risk. HostingIt365 is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HostingIt365 servers.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by HostingIt365, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future HostingIt365 policy decisions.

HostingIt365 reserves the right to monitor any and all communications through or with our facilities. You agree that HostingIt365 is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

8. Account-Holder Identification Information

You agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply HostingIt365 with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

You agree and understand the account you purchase is purchased for yourself. You understand that as the owner of this account, you are the individual solely responsible for all its use.

9. Payment

Prepayment is due each 30 days following the date the account was established. Billing will continue until you cancel your hosting account. VPS accounts can be cancelled whenever you like with 30 days written notice. You agree to supply payment before hosting service is rendered from HostingIt365, including renewals. You fully understand 2Checkout.com, Inc. is an authorized retailer of goods and services provided by HostingIt365.com. You agree that until and unless you notify HostingIt365™ of your desire to cancel any or all services received, those services will be billed on a recurring basis.

In situations where the card number is declined, the card will be charged on the following day for 7 days. If the card is declined in each of these situations, the overdue account will be suspended and the user contacted to make alternative payment arrangements. If payment is not made within 7 days of the card failing, we reserve the right to terminate the account.

10. Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with HostingIt365 or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

By placing and continuing to maintain or place information on HostingIt365 servers you are acknowledging you have read and understand the terms and conditions and agree to be bound by them.

11. Money Back Guarantee

Each hosting plan includes a full 30 day money back guarantee.

If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding overages. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc.

Accounts cancelled/terminated by HostingIt365 for violating our Acceptable Use Policy do not qualify for the 30 day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, please contact our customer service department.