Ordering

Please read the following Terms Of Service agreement before proceeding, then continue ordering. These policies are designed to protect the best interests of our customers as a whole. HostFly’s policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer’s access to any or all services provided by us if it is decided that the account has been inappropriately used.

All shared hosting services are intended for the end-user only and may not be subleased, sold or given to third parties

Any products and services to be provided to Client will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, HostFly does not make and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose.

Clients are responsible for frequently backing up their files on our system. HostFly cannot be held responsible for the deletion of users’ files, whether intentional or unintentional.

Authorization of Charges

HostFly will bill for services rendered which are due within seven (7) days. Client authorizes HostFly to charge credit card supplied by Client if stored within our billing system. Paypal or check/money orders are also accepted if Client chooses not to store a credit card.

The buyer should read and comply with PAYPAL USER AGREEMENT.

HostFly may discontinue service for failure to make payment for initial fees or any re-occurring fees thereafter. HostFly reserves the right to refuse, suspend, or cancel service pending receipt of a valid payment.

Overview
By purchasing a turnkey website from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).

All websites are sold as-is. Please view the live demo prior to purchasing so that you know exactly what you’re getting. Any changes/alterations may be negotiated for an additional fee. A domain name, website hosting, or website installation is NOT included with a website purchase. If you need any of these services, we do offer them in our online store.

Licensing & Resale
Our websites come with a single domain license. You can only sell our website’s with the original domain name it was setup on. You cannot make copies of our websites and/or resell copies under any circumstance. Violators will be prosecuted to the fullest extent of the law.

Refund Policy
Due to the digital nature of our products and the fact that the website files are delivered immediately upon purchase, we have a strict “no refunds” policy that prevents abuse of this system. Please view the live demo and ask any questions prior to purchase so that you know exactly what you’re getting.

Content Restrictions

All services provided by HostFly may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.

Warez Warez Policy: Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on any HostFly servers.

Examples of unacceptable content include, but are not limited to the following: Pirated software, Hacker programs or archives, illegal audio files or archives.

IRC and camfrog servers are strictly prohibited.

HostFly reserves the right to disable any material from Client’s web space that is reasonably deemed unacceptable.

HostFly reserves the right to suspend Client’s account our discretion if said material is discovered.

HostFly is the sole arbiter as to what constitutes a violation of the above provisions.

HostFly reserves the right to suspend any client which violates section 3 of our Terms Of Service.

Shared Hosting Application Restrictions

VPS servers are not permitted to run CPU mining programs. Shared Webhosting Restrictions: The Client is allowed to freely install CGI/PHP applications; however, HostFly reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely. Some scripts and sites are not allowed on shared hosting: *Tube / YouTube clone sites, adult content, file archives, email archives, mirror sites, image and file upload sites. No single shared hosting account is permitted to use more than 20% of the server resources at a time. A single account is limited to 250,000 inodes at any given time. E-mail such as junk mail should be permanently deleted. HostFly may impose storage fees of $.15 per GB for accounts that are using an unreasonable amount of resources on a shared hosting package.

Spam Policy

HostFly servers may not be the source or intermediary involved in the transmission of Spam, Spamware and other Spam Software or misuse of SMTP. Client’s domain or IP may not be referenced as originator or intermediary in any of the above.

HostFly considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.

The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without a refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each spam policy violation. HostFly is the sole arbiter as to what constitutes a violation of the above provisions.

HostFly IP blocks may not be used for IP rotation while sending emails. HostFly may, through feedback loop monitoring, block SMTP traffic on a server found to be sending email through multiple IP addresses. Failure to respond to SPAM complaints will result in a block against SMTP traffic and may result in account termination. Further mailing list policies are included in the Email / Mailing List Policy.

Server Abuse

Any attempt to undermine or cause harm to a HostFly server or another HostFly Client is strictly prohibited.

Any attempt to undermine any HostFly web site or a web site of another HostFly Client is strictly prohibited and may result in immediate termination of services rendered by HostFly without refund. HostFly is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two-hundred (200) USD may be implemented for intentional server abuse.

Indemnification

Client agrees that it will defend, indemnify, and hold harmless HostFly from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney’s fees, asserted against HostFly , its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.

The Client agrees that it will defend, indemnify, and hold harmless HostFly against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with HostFly’s servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client’s customer from HostFly’s servers.

HostFly assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of anyone to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client’s products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or violation of copyright, trademark or other intellectual property rights. Any attempt to undermine any HostFly web site or a web site of another HostFly Client is strictly prohibited and may result in immediate termination of services rendered by HostFly without refund. HostFly is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two- hundred (200) USD may be implemented for intentional server abuse.

Disclaimer

HostFly will not be held responsible for any damages you or your business may suffer. HostFly makes no warranties of any kind, expressed or implied, for services rendered. HostFly disclaims any warranty or merchantability or fitness for a particular purpose. HostFly assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of “Acts of God” or force majeure. HostFly will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from HostFly .

Term

A The term of this Agreement will continue until a notice of cancellation by HostFly or Client is given, or until terminated under other provisions of this Agreement. HostFly reserves the right to terminate this Agreement with cause upon notification to the Client. HostFly may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by HostFly to implement this Agreement is disrupted or terminated for any reason.

D These policies may be modified or changed by HostFly. HostFly will inform client of any major policy changes.

Presumption of Agreement

By signing up with HostFly , be it using HostFly’s online sign-up form or contacting in any way an employee, officer, agent, and director with the request for HostFly to provide Client services, Client (1) authorizes HostFly to take the actions necessary in order to setup Client’s account, including charging a credit card, if applicable, supplied by Client at the time of sign up; and (2) agrees to each and every provision outlined in this Agreement and shall hold to said Agreement in the court of law.

Default

In the event Client defaults in any provision or fails to perform under this Agreement, HostFly will be entitled to damages, costs, and attorney’s fees from the Client.

IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS

All services that you purchase are offered and purchased on automatic renewal. Except for reasons described below in this section, automatic renewal automatically renews the applicable Service upon expiration of the then-current term for a renewal period equal in time to the most recent service period (Except for domain names which may renew for the original service period). HostFly will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with the Service(s) in your account. If you do not wish for any service to automatically renew, you may elect to cancel renewal, in which case, your Services will terminate upon expiration of the then-current term, unless you manually renew your services before that date. In other words, should you elect to cancel your product and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and HostFly shall not be liable to you or any third party regarding the same. You can cancel anytime by accessing our customer portal, selecting the active service you wish to cancel and click on the cancel service link, emailing us at billing@HostFly.net, calling 877-566-8398, or mailing HostFly, 110 Meadowlands PKWY, Suite 100; Secaucus, NJ 07094. Services must be cancelled at least (3) three days before the automatic renewal period, or they will be cancelled after the next renewal period.

If for any reason HostFly is unable to charge your Payment Method for the full amount owed, or if HostFly receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that HostFly may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. HostFly also reserves the right to charge you reasonable “administrative” fees” for (i) tasks HostFly may perform outside the normal scope of its Services, (ii) additional time and/or costs HostFly may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by HostFly in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by HostFly staff or by outside firms retained by HostFly ; (iii) recouping any and all costs and fees, including the cost of Services, incurred by HostFly as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with HostFly. HostFly may offer product-level pricing in various currencies. The transaction will be processed in the selected currency and the pricing displayed during the checkout process will be the actual amount submitted for payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges, which may be added to the final amount that appears on your bank statement or post as a separate amount. Please check with the issuer of your Payment Method for details. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section. Domains, Web Hosting, VPS, Rapid Deploy can be canceled online by logging into the Customer Portal.

Invalid or Non-enforceable Provisions

The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion, this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.

Choice of Law / Venue

This Agreement will be construed and enforced in accordance with the laws of the State of NJ and the venue for any action, dispute or proceeding with respect to this Agreement will be NJ.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sies advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. HostFly reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

HostFly reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. The cost of the clean up fee is entirely at the discretion of HostFly.

Payment Information

You agree to supply appropriate payment for the services received from HostFly, in advance of the time period during which such services are provided. You agree that until and unless you notify HostFly of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of HostFly, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. HostFly provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@HostFly.com. This e-mail address is being protected from spam bots, you need JavaScript enabled to view it.

HostFly reserves the right to change the monthly payment amount and any other charges at anytime.

Backups and Data Loss

Your use of the service is at your sole risk. HostFly is not responsible for files and/or 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 HostFly servers.

Cancellations and Refunds

HostFly reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time by sending a cancellation request via the client control panel at least 7 days before the renewal date. Cancellations will not be accepted via support ticket or email. HostFly gives you a 7 day money back guarantee on managed shared hosting, reseller hosting and VPS hosting. There are no refunds on dedicated servers, administrative fees, install fees for custom software, domain name purchases or any non-refundable licensing fees (e.g. cPanel, DirectAdmin etc…). HostFly Solutions have the right to refuse any refunds. Refunds will only be processed if there is any problem caused or the fault of HostFly Solutions. Any refunds requested by a client who’s product/service is working perfectly, or is not working correctly due to the fault of the client, will not be accepted.

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, or if you have opened a second account with us, you will not be eligible for a refund.

Violations of the Terms of Service will waive the refund policy.

Resource Usage

User may not:

  • Use 25% or more of system resources for longer then 90 seconds.
    There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at any point in time on the server.
    This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client.
    Please note that you may link to torrents off server, but may not host or store them.
  • Participate in any file-sharing/peer-to-peer activities
  • Run any gaming servers such as counter-strike, half-life, battlefield1942, on a server not sold for that specific service.
  • Run cron entries with intervals of less than 15 minutes.
    When using PHP include functions for including a local file, include the local file rather than the URL. Instead of   include(“http://yourdomain.com/include.php”) use include(“include.php”)

INODES

The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode.

Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of HostFly dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Disclaimer

HostFly shall not be responsible for any damages your business may suffer. HostFly makes no warranties of any kind, expressed or implied for services we provide. HostFly disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by HostFly and its employees.

Disclosure to Law Enforcement

HostFly may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the TOS

HostFly reserves the right to revise its policies at any time without notice.

ARBITRATION AND CLASS ACTION WAIVER

ALL CLAIMS OR DISPUTES IN ANY WAY RELATING TO OUR RELATIONSHIP WITH YOU SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. The arbitrator will, among other things, have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any Claims. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Secaucus, New Jersey or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator on all matters relating to the Claim shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

WE EACH AGREE THAT CLAIMS OR DISPUTES IN ANY WAY RELATING TO OUR RELATIONSHIP WITH YOU SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS AND EXPRESSLY WAIVE ANY RIGHT TO HAVE A CLAIM DETERMINED OR RESOLVED ON A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE BASIS. IF FOR ANY REASON THE PROVISIONS OF THE PRECEDING SENTENCE ARE HELD TO BE INVALID OR UNENFORCEABLE IN A CASE IN WHICH CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CLAIMS HAVE BEEN ASSERTED, THE PROVISIONS OF THIS SECTION REQUIRING BINDING ARBITRATION SHALL LIKEWISE BE UNENFORCEABLE AND NULL AND VOID. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN SECAUCUS, NEW JERSEY. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

Notwithstanding anything to the contrary, we may each may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section.

You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure specified in these Terms by sending a written letter to us at the address HostFly; 110 Meadowlands PKWY; Suite 100; Secaucus, NJ 07094 within thirty (30) days of your initial assent to these Terms (including your first purchase of any service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the waiver of class action rights.

If we implement any material change to this Section, such change shall not apply to any Claim for which you provided written notice to us before the implementation of the change.

Domain Agreement

HostFly may provide top-level domains at discounted prices with the purchase of a new webhosting package. The promotional pricing is subject to change upon the annual renewal of the purchased domain. Should the customer decide to switch hosting providers, the client agrees to pay the yearly fee listed on the HostFly website for domain name registration. Please note that domains automatically renew therefore if you wish not to renew your domain we ask that you cancel it prior to its annual renewal.

Email / Mailing List Policy

Server’s which are for mailing only are disallowed on HostFly’s network. A mailing only server is defined as any shared/VPS/dedicated/colocated server who’s primary purpose is sending email over SMTP. HostFly’s network is monitored through multiple feedback loops and may terminate, without prior warning, a server that has a high complaint ratio including servers that may be CAN-SPAM compliant. Running a single opt-in, opt-out only, or any other non-double opt-in mailing list will result in server termination.

  • Mailing lists must be double opt-in lists.
  • Messages must have clear removal instructions and valid headers.
  • Removal requests must be completed within 24 hours.
  • Messages must include details on how the user subscribed. These details must be provided to HostFly on our request.
  • Excessive complaints may result in account termination.
  • HostFly reserves the right to charge $100 fee for IPs which are blacklisted due to failing to adhere to HostFly policies.
  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at: http://www.spamhaus.org will result in immediate account termination.

Abuse Complaints

All abuse complaints must be responded to no later than 48 hours after the complaint is made. Failure to reply may result in account termination. HostFly reserves the right to remove files that do not adhere to our terms of service, local, state, or federal laws.