Terms & Conditions
This agreement represents the complete agreement and understanding between HostingEye and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Upon notice published on-line via the HostingEye website, HostingEye may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.
If you do not agree to these terms and conditions, please contact our accounts team so we can initiate a closure of your account.
1. HostingEye makes no warranties of any kind, whether expressed or implied, for the service it is providing. HostingEye also disclaims any warranty of merchantability or fitness for a particular purpose. HostingEye will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
2. Services provided to the Customer by HostingEye may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any International regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. HostingEye reserves the right to remove any and all materials which infringe on copyright work.
3. Customer agrees to defend, hold harmless and expeditiously indemnify HostingEye from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.
4. HostingEye reserves the right to cancel service for any reason without prior notice.
5. Setup fees if any, and all domain registrations, if registered through HostingEye are not refundable. There are no exceptions.
6. Additionally, CUSTOMER agrees not to utilise the HostingEye service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message.
7. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.
8. HostingEye requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. HostingEye cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
9. Customer shall ensure that its use of HostingEye's network services shall not disrupt HostingEye, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilised by a subscriber, HostingEye reserves the right to place CPU process limits on the Customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any HostingEye user or to any directly or indirectly attached network. Use of HostingEye's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by HostingEye shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of HostingEye's service, HostingEye's equipment or any site hosted on any HostingEye network.
10. Customer warrants that any material submitted for publication on HostingEye does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. HostingEye reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
11. If HostingEye becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, HostingEye, at its discretion, may, at any time deny access to the challenged material of Customer. Failure to comply with any requests to remove copyrighted material, will result in either account suspension or removal of said items by our server admins.
12. HostingEye will not host any web site with PORNOGRAPHIC contents or any CASINO sites.
13. Use of other organisations' networks or computing resources is subject to their respective permission and usage policies.
14. Use of HostingEye's hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.
15. Transferring your domain to another provider does not constitute canceling your HostingEye account. You must notify HostingEye to formally cancel your account with HostingEye to avoid further charges.
16.
A) Hosting Accounts - HostingEye services are provided on prepaid basis. All payments have to be made before the beginning of each term. In case of non-payment or late payment of an account within a 7 days of due date, HostingEye will automatically suspend the account. At our discretion and on a case by case basis auto suspension maybe bypassed where there are extenuating circumstances however these must be conveyed to us at the appropriate time.
B) Domain names - HostingEye will notify you of any domain name renewal in advance it is your responsibility to make sure payment reaches HostingEye registration services BEFORE the due date to avoid losing the domain. Once a domain has expired it may be difficult to get back online and charges for re-enstating maybe levied.
17. On occasions, HostingEye may have a need to communicate with its customers through e-mail issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check e-mail sent to the primary login e-mail address on the account.
18. It is the responsibility of the customer to contact HostingEye of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorising them to make any changes to that account.
19. HostingEye does not under any circumstances tolerate any activities whatsoever relating to child pornography, abuse, or any such solicitations being detrimental to any juveniles. Any evidence of this occurring using HostingEye Servers or Networks will result in immediate account closure, and all relevant information will be passed on to the appropriate authorities.