Terms of Services – HostCabal

Overview

The use of services provided by HostCabal Cloud Services on hostcabal.com (after this referred to as “HostCabal”) constitutes agreement to the following Terms and Conditions.

1. General Terms.

In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:

1.1. Customer agrees to pay, in advance of each monthly service term, for hosting services to be rendered.
1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order HostCabal service for a certain minimum period of time.
1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable. Customer is entitled to one refund under 30-day guarantee as noted in section 3.

1.4. Non-Payment of services shall result in a 2-day notice of disconnection. All payment failures must be cured within 3 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 10 days.

1.5. HostCabal is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for HostCabal services.
1.6. Customers agree to pay all taxes applicable to your account.

2. Agreement for Services.

2.1. HostCabal will provide, and Customer will purchase and pay for, the Web hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service and service fees have been communicated to the Customer and that Customer is aware of all applicable charges as per the Agreement. The customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.

3. Payment.

3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to HostCabal.
3.1.1. Customer must pay in full for the Services before HostCabal begins to provide the Services to Customer. Invoices are generated 7 days before renewal and customer agree recurring billing will be billed and charged automatically on the due date of the invoice and that HostCabal may apply the amount due at any time.
3.1.2. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup.
3.2. Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 3 days past due. Accounts that are not collectible by HostCabal will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to HostCabal a “Processing and Collection” Fee of not less than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.

4. Delinquent Accounts.

HostCabal may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which HostCabal may be entitled under this Agreement or under applicable law.

5. Account Cancellation.

Customers may voluntarily cancel their account at any time, for any reason or for no reason, by filling out the “Cancellation Request Form” which is provided on the HostCabal Web site. You can find the “Cancellation Request Form” after logging into the client portal at the following link:

https://www.hostcabal.com/client/clientarea.php

Once a Customer has canceled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.

However, Customer understands and agrees that HostCabal does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.

2. Domain Terms.

We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that it has been registered.

The registration and use of your domain name are subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and other regional domain authorities for the various country-specific domains, you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable in spite of refusal by the naming authority to register your desired name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our website and shall be due and payable in advance of our service provision.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled to suspend the services provided to you.

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.

If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.

On termination of this Agreement or suspension of the Services, we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.

HostCabal is not responsible for any damages your business may suffer. HostCabal does not make implied or written warranties for any of our services. HostCabal denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HostCabal.

HostCabal reserves the right to refuse service to anyone.

3. Refund Policy

30 Day Money-Back Guarantee
If you purchase an account with a thirty (30) day money-back guarantee, you may receive a full refund of all basic hosting fees paid (the “Money-back Guarantee Refund”) if you cancel within the first thirty (30) days of the Initial Term (the “Money-back Guarantee Period”) and make a written request to HostCabal’s billing department for such refund. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this section. Money-back Guarantee Refunds only apply to basic hosting services and do not apply to domain registration fees, setup fees, or any fees for additional Services. Any custom orders or configuration setups are non-refundable.
The Money-back Guarantee Refund is valid for credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods.
Any funds sent to HostCabal which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.

4. Delivery of Services

Immediately upon successful payment you will receive an automated receipt from our systems. Please print and retain a copy of this and retain in a safe place for future reference.

Your unique email will be on this receipt and should be used for any enquires to HostCabal.

Please note that we aim to deliver all goods as soon as the signup is complete. If we will be unable to adhere to this you will be informed via email or telephone or both. Payment will be deducted when services are delivered.

All orders are delivered electronically via email, If you have any questions about your order please contact us at billing[at]hostcabal.com

HostCabal aims to respond to all enquiries within 24 hours.

Please check regulations in the country you are in to see if these products are allowed for import into your country.

HostCabal may perform additional verification on orders via telephone, SMS or other fraud detection systems.

5. General Terms and Policies

The Service is provided to authorized persons or organizations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.

Coverage – If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.

Prices and Charges – HostCabal provides the use of cPanel and client-area to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.

Term – The Service is provided to you for as long as you wish to use it, however we withhold the right to terminate the service if you use it in a way that violates the terms of use.

6. Acceptable Usage Policy

It is acknowledged by users of HostCabal services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on HostCabal servers.

Shared & Managed Services:

Resources such as MySQL databases, subdomains, POP3 mail accounts, SMTP mail accounts, FTP accounts should not be used and created in such a way that can potentially have adverse effects on the normal optimal operation of our services.

If HostCabal in good faith believes your resource usage (CPU / hard drive and network connectivity usage) is and/or will potentially have negative effects on the normal optimal operation of our normal optimal operation of our services, we reserve the right to request you to upgrade to a higher plan.

User may not:

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 bit torrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield, etc
Run cron entries with intervals of less than 15 minutes.

File quota limits are enforced to ensure system operating integrity and reliability and are limited to 300,000 files on Linux plans. HostCabals intention is to provide ample resources for customer convenience, so that customers needn’t to worry about exceeding limits.

It is also acknowledged by users of HostCabal services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. HostCabal takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of HostCabal services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. HostCabal, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.

It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, HostCabal reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the “fair-use” of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of HostCabal.

If a “Fair-Use” breach occurs, which’s determination is solely up to HostCabal, subscriber may have to remove files from or reduce access to subscriber’s account to an extent as determined by HostCabal, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that HostCabal may have to take.

Grounds for Suspension and Termination

You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for HostCabal to suspend or terminate your account. You agree that HostCabal has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following

Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of $40 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
Using your hosting as a file or image hosting service.
Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are exempted from this.
Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
Uploading, linking to or storing warez, cracks or other pirated software.
Hosting IRCD, image hosting sites, autosurf, port scanners, banner-ad services, escrow, banking, investment, lottery, gambling and pharmacy sites.
Hosting nulled or cracked versions of scripts or softwares and other licensed softwares and/or programs.
Assisting in or directly distributing copyrighted material.
Excessively using the Service in such a way as to limit the bandwidth available to others.
Providing fake or incomplete contact details, including name, postal address and telephone number.
Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
Using the Service for unauthorised relays through any third party systems.
Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account, impose a $50 fine per chargeback and deny any future business.
Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
Attempting to cancel, supersede, or otherwise interfere with email other than your own.
Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, HostCabal may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
Security – You agree not to access or attempt to access private areas of the Service. You agree to notify HostCabal as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
Intellectual Property – HostCabal does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to [email protected]
Child pornography, in any form is strictly forbidden on our servers and services.
Continuing a specific identification of the allegedly infringing material and the location(s) on HostCabal facilities where the materials are to be found. Upon receipt of such written notice, HostCabal will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If HostCabal receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, HostCabal will send you a copy of that notification. Unless you notify HostCabal of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or otherwise made accessible again.
Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by HostCabal, neither HostCabal nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. HostCabal neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that HostCabal is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on HostCabal equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless HostCabal and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
You agree that, should you use the Service to send or receive voice communications, HostCabal is not acting as a telecommunications carrier or telephone company, that there is no representation made by HostCabal as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that HostCabal has no liability of any sort for the failure or lack of quality of such use of the Service.
You agree to be liable for any damages or loss of service which results in damages to HostCabal as a result of any spamming or other violations. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that HostCabal may pursue any such claims against you in Court.
You agree that in no event will HostCabal have financial liability to you.
Warranty – HOSTCABAL MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD HOSTCABAL ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY HOSTCABAL OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY HOSTCABAL ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; HOSTCABAL DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. HOSTCABAL DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.SPAM and Unsolicited Commercial Email (UCE): HostCabal takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of The Company may not use or permit others to use our network to transact in UCE. Customers of HostCabal may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

- Violation of HostCabal’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, HostCabal will initiate an immediate investigation (within 48 hours of notification). During the investigation, HostCabal may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, HostCabal may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, HostCabal reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. HostCabal will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an “Administrative Fee” of $300.00 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $600.00 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $300.00 per hour that HostCabal personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your servers.

Content

You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. HostCabal has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.

Overages

You understand and agree that HostCabal will charge the following for overages on shared and dedicated server arising out of attacks like DDoS on your account or dedicated server. Such overages will be charged at $0.02 per Mbps of bandwidth.

Disputes

All billing disputes must be brought to HostCabals’ attention by opening a ticket with our billing department within 45 days from the days of payment.

You agree that any dispute between you and HostCabal arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and HostCabal will be submitted by the aggrieved party for binding arbitration.

Cancellation Procedure

Cancellation requests must be submitted through the client area. To do this, open a ticket with our Billing & Accounting department.

It is your responsibility to ensure any paypal subscriptions and/or recurring Credit Card subscriptions that you may have setup are cancelled, HostCabal will not be responsible for any funds paid to us in excess and will not refund them.

No other forms of cancellation are accepted.

Cancellations must be submitted before the invoice for that billing cycle is generated or at least 7 days before renewal. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices. Cancellation requests submitted after the invoice has been raised will incur a late cancellation fee of not less than $15 and not more than $100.

Migrations

HostCabal offers free Migration services as a courtesy with our cPanel hosting services. The number of accounts that can be migrated are as follows:

Shared Hosting: 1 cPanel account.
Managed WordPress Hosting: 1 cPanel accounts.
Managed Ecommerce Hosting: 1 cPanel accounts.

Additional number of accounts migrated would incur a fee of $2 per account.

Migration services are not available for customers not coming from a cPanel environment.

HostCabal offers it’s migration services in an as-is basis and makes no guarantess or time commitments at all.

Backups

HostCabal performs nightly backups of shared, and managed servers; however, these backups are for HostCabals’ administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. HostCabal does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on HostCabal’ part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Amendments

These Terms and Policies may be amended in any respect at any time by HostCabal upon the posting of the amended Terms and Policies on the terms of use section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to HostCabal.