HOSTENGINES (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Company’s Service constitutes acceptance and agreement to Company’s TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Company.
You agree to use all Company’s services and facilities at your own risk. The Company specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Company be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Company against liabilities arising out of:
Any injury to person or property caused by any products sold or otherwise distributed in connection with Company’s servers; Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; Copyright infringement; Any defective products sold to Customer from Company’s servers; The Company shall be the sole judge of what violates this Policy.
The Company is committed to a zero-tolerance, Anti-Spamming policy. Under this policy, Company prohibit Spam, or any unsolicited commercial email, from being sent either: Over Company’s network, by Customers or any other users of Company’s network (including Customers’ customers); AND/OR over ANY network, if the message(s) sent advertises or mentions a site hosted on Company’s servers.
The Company react very quickly and seriously to violations, and further reserve the right to terminate the services, without prior notice, or option of refund of any Customer disregarding this policy.
Sending unsolicited commercial email (also known as “Spam”), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to Company’s email address(es) or web site URL(s) is prohibited. The use of Company’s servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam are subject to a “clean up” fee of $500 with no refunds given.
All services provided by Company may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material(s) in violation of any Nigerian Federal, State or Local Government law is prohibited. This includes, but is not limited to: copyrighted material(s), trademark, intellectual property, material(s) Company judge to be threatening or obscene, or material(s) protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Company from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography and sex-related merchandising is prohibited on all Company’s servers. This includes sites that may infer illegal sexual content, or links to illegal adult content elsewhere. Company will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Company’s servers or any other server on the internet. Links to such material(s) are also prohibited. Examples of unacceptable content or links: Pirated software; Hacker programs or archives; Warez sites; Illegal Adult sites; MP3 Sites; Financial scam (pyramid schemes, ponzi schemes, chain letters, fake financial institutions, etc.). The Company does not host sites of its competitors or web pages promoting sites of its competitors with exception for resellers using reseller’s services provided by Company. Any illegal activity, including adult content, links to illegal adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning or option of refund. The same is also applicable for all resellers and any other Sub Accounts hosted under these Reseller Accounts. Company will be the sole arbiter as to what constitutes a violation of this provision.
CGI Scripts Policy
Each Account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however Company reserve the right to disable any CGI script that effects normal server operation or service to other Company’s Customers. You will be notified in 48 hours about offending cgi script. The Company is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don’t expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.
The Company does not allow chat rooms if that effects normal server operation or service to other Company’s Customers.
CGI Proxy Policy
The Company does not allow CGI proxies on Shared and Reseller Accounts. CGI proxies are allowed to Dedicated servers Customers only. The Company reserve the right to remove every CGI proxy script without notification for Shared and Reseller Accounts.
Full system backups are made daily. Accounts backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for servers’ restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content and information. The Backup Manager is available to every Customer and you can use this tool to backup your files.
Moneyback Guarantee. The Company offers a 30 day moneyback guarantee for monthly payments only. One 30 day moneyback refund for Customer allowed per 180 days to prevent abuse. No refunds will be available for Customer’s Account which break any terms of the TOS. No refunds will be available for third party related services including, but not limited to scripts installation, certificates, custom programming, scripting and designing work, domain names registrations, transfers and renewals, dedicated servers, management and monitoring services. As a conclusion, refunds are for Company’s hosting and reseller packages only. After the end of the 30 day period the Payment Policies apply on all services.
The Company offer a 99.9% uptime guarantee. The Company calculate average uptime per each server using distributed monitoring systems each month beginning for past month. If Company failed to maintain 99.9% availability of Customer’s site(s) during any single calendar month, Customer may request a credit of 50% off that month’s hosting fee, but not later than 7 days after that month’s end, by sending a notice to us using the contact section of the website . The Company do not offer a credit when interruptions are caused by scheduled maintenance(s) or cases beyond our control (interruption and/or failure of telecommunication and/or digital transmission links, power outages, network attacks, network congestion); errors from Customer’s own custom scripting or coding; outages that do not affect the appearance of Customer’s web site but merely affect access to Customer’s site (such as FTP, POP3/IMAP, SMTP); when average server’s uptime calculated equal or greater than 99,9% during calendar month; when notice sent later than 7 days after month’s end. All Moneyback and Uptime refunds sent without processing fees applied on them.
Establishment of these services are dependent upon receipt by Company of payment of stated charges. The Account will be charged at the beginning of each billing cycle for the entire cycle. Failed charge will be turned into outstanding invoice. Billing cycles will continue until the package is canceled according to the Account Cancellation.
Account Cancellation & Refund
Customer should email cancellation request with at least 7 days, but no more than 30 days, prior notice using the contact us section of the website with cancellation reason, domain name, Account’s username and password. The Company verify the details sent and ensure that Customer has no outstanding invoices, then email back to the Customer asking for confirmation; Customer should pay all outstanding invoices, if any, respond and confirm Account’s cancellation. Customer’s data removed from the Company’s servers as soon as confirmation email from a Customer received and outstanding invoices paid in full, if any. All refund requests are to be initiated within the first 30days of usage of webhosting account. Any request sent in after, will be rejected.
Hostengines is not a domain name registrar and does not pretend to be one. However, due to difficulty on behalf of our clients to register their domains themselves, we do assist in doing this after which the domain is pushed into the account of the owner. By registering domains using this medium, you agree to accept your domain and be responsible for any issue regarding the domain which includes but is not limited to legal issues. You also agree to indemnify the Company in case any such cases, in orther words you are solely responsible for the registration and the use of your domain names. In addition, monitoring of your domain name is solely your responsibility. Where we can, we will try to warn you of your domain expiry but we shall assume no responsibility for the loss of your domains due to your personal carelessness.
Terms of Registration
Unless otherwise specified on our web site, each domain name registration through us, is for a one-year initial term. However, some domain names may be registered for a term of up to ten years, if you so wish.
Restoration of Expired Domain
Unless otherwise specified herein or on our web site, the following terms and conditions apply to expiring domain name registrations. Post-Expiration Period. If You fail to renew Your domain name before the designated expiration date, You understand and agree that the domain name registration will enter a “Post-Expiration period”. During the Post-Expiration period, your domain will be placed on Hold and You will lose access to and use of the domain, and any web site operating at the expired domain will have its name servers suspended. In addition, You will not be able to transfer the domain to another registrar or to change the registrant information. Further, You will lose any and all rights in, or claim to, any revenue generated from domain parking services, if any, beginning from the date of expiration of the domain name registration. You understand and agree that, at the start of the Post-Expiration period, your domain will be provisionally renewed on Your behalf in order to preserve Your ability to renew the domain name registration during the Post-Expiration period. This period usually lasts for about 30days. After this, if you still do not renew your domain, the domain will be placed on a pending delete list and to get it back might cost you as much as $140 or as stated by the registrar in their terms of service. We reserve the right to amend, change or review these terms of service without any prior notice or notification and as we deem fit.