Terms of Service
HostCheaply - You (referred to below as the “Customer” or “You” or “Your”) agree that any Service (as defined below) offered and provided by HostCheaply (referred to below as “HostCheaply” or “Our” or “Us” or “We”) and purchased by You through HostCheaply’s web-sites at www.hostcheaply.com or hostcheaply.com (collectively referred to below as the “Sites”) are purchased and to be used by You and provided by HostCheaply subject to the terms and conditions set out below and in Our Acceptable Use Policy and Privacy Policy (see https://www.hostcheaply.com/acceptable-use-policy.php) (collectively referred to herein as the “Terms of Service”). Any use of HostCheaply’s products or services, directly or indirectly, including through a reseller, affiliate, shall constitute acceptance of these Terms of Service.
HostCheaply Offered Services (collectively, the “Services”):
a) cPanel Web Hosting – either (i) Shared Web Hosting or (ii) Reseller Web Hosting (referred to herein as “cPanel Hosting”);
b) Unmanaged and Managed Virtual Private Servers (referred to herein as “VPS Hosting”);
c) Managed or Unmanaged dedicated custom hosting solutions (referred to herein as “Custom Hosting”);
d) Domain name registration and transfers, dedicated IP address and SSL certificate requests.
Provision, Description and Use of Services
1. HostCheaply agrees to provide the Services purchased by You (referred to herein as the “Ordered Services”) upon acceptance by HostCheaply in its sole discretion of the order(s) You placed on Our Site (referred to herein as the “Order”), and receipt by HostCheaply, or Our agents, of the applicable initial payment (the later to occur being referred to herein as the “Acceptance Date”). HostCheaply reserves the right to conduct fraud checks on Orders received, utilizing one or more 3rd party anti-fraud verification systems. HostCheaply also reserves the right to put an Order on-hold (and not provision the requested Services) until further notice or cancel it all together, if We or Our agents determine or suspect an Order to be not legitimate or fraudulent. We may contact You through the registered email address that You have on file with Us for any further verification and clarification. As an additional proof, in certain Order approval cases, You may be asked by HostCheaply or Our agents to verify the PayPal account ownership email address used for making the payment, provide a photocopy of the credit card used, one or more government issued identification and authentication documents to match the name and address details You used during the Order process and/or to match Your payment and billing details on file -- failure to comply with such a request will result in non-acceptance of Your Order. Note that Order verification and service provisioning can take anywhere between 1 to 12 hours from the date and time the Order was originally received by Us. Following the Acceptance Date, We will set up Your account and You will then have the right to use the Ordered Services and, if applicable, begin the transition process from Your current provider (see Transfers/Accounts Migration, below).
2. It is Your responsibility to ensure that Your contact information is accurate and up to date at all times. We will use the primary e-mail address that You have registered with Us if We need to contact You for any reason. During the sign-up process, You agree that You will not provide Us with a contact e-mail address for a service that You are signing up under or that is yet to be activated. The primary e-mail that You provide during initial sign-up, or if You update it in the future, will undergo a verification procedure, which, if not verified, may result in Your Order not being approved or termination of Your account.
3. In order to receive all HostCheaply emails in a safe manner and to avoid missing important communications, it is Your responsibility to (i) Whitelist @hostcheaply.com e-mail domain and the ability to accept all e-mails sent by Us on Your e-mail client software and/or any other anti-spam filters that You may use; and (ii) You always check Your “Spam” or “Junk” e-mails for e-mails from HostCheaply.
4. HostCheaply accepts payments in USD (US Dollars) currency. All customers can make payments in USD currency.
5. You acknowledge that Your use of any Service does not grant You any ownership right in any of the equipment, software or facilities owned or used by HostCheaply in providing any Services to You.
6. Your continuing use of Your Ordered Services is subject to (i) Your continuing payment when due of any applicable fees (see ‘Fees’ section, below), and (ii) Your continuing compliance with all Terms of Service.
7. You will ensure that the login credentials used to access Your Ordered Services on Our Sites are kept safe and secure always.
8. You agree not to use any of the Ordered Services in contravention of the laws of the Province of Ontario, Canada, the federal laws of Canada, and the laws of each other country in which You use the Ordered Services from time to time.
9. You agree that You are responsible and liable for all Your actions and the actions of Your customers, employees, agents, contractors or other persons that use or have access to any of Your Ordered Services as if such actions were made by You directly, including, without limitation, in respect of the use of any of Your Ordered Services or any data uploaded to, or transmitted from, Your account. This section shall survive any cancellation or termination of Your Ordered Services.
10. We reserve the right to impose limits and restrictions on how much of any aspect of Our Services is being utilised by You. For Our cPanel Hosting customers, We place the following additional restrictions on usage, and
You may not:
a. Use 25% or more of system resources for more than 120 seconds; There are numerous activities that can cause this behaviour such as CGI scripts, FTP, PHP, HTTP, MySQL, etc.
b. Run cron jobs with intervals of less than fifteen-minutes;
c. Run any BitTorrent application, tracker, or client. Linking to torrents hosted off-site is allowed but You may not host or store on Our servers;
d. Run stand-alone or unattended server side scripts/programs/daemons such as IRCD;
e. Run any type of scripts (including web spider) which indexes websites;
f. Run any file-sharing/peer-to-peer activities;
g. Run any scripts/programs/software/daemons that interfaces with IRC (Internet Relay Chat) network or operate any type of chat platform hosted on Our servers.
11. Hosting customers may only use the allocated disk space for storing web files, active email and content related to serving of website(s). You may not use Your allocated disk space as a “storage container” (whether storing of media, emails, or other data), including offsite storage of electronic files, email or FTP hosts. HostCheaply explicitly reserves the right to review every hosting account under Your Ordered Services for excessive usage of disk space to ensure compliance with these Terms of Service.
12. The total disk space advertised or allocated for Hosting Services will include storing of Operating System files and all other necessary Software tools as required for Us to efficiently manage and secure Your Ordered Services.
13. If any of Your Ordered Services or Our server/network is under any type of DoS or DDoS attack (regardless the attack is directly targeted at Your Ordered Service or not), We reserve the right to determine the duration of real-time DDoS mitigation/traffic scrubbing performed against such malicious attacks. At Our sole discretion We reserve the right to null route one or more IP addresses related to Your Ordered Services to stop any type of DDoS attacks received.
14. Backup and Restore
a. cPanel Hosting Backup – We perform daily backup of all cPanel accounts and store them off-server (on a separate backup storage server). Only the last 15 days worth of those daily backup files are kept at any given time and made available to Our cPanel Hosting customers. As a cPanel Hosting customer, You may perform a custom or ad-hoc backup at any time using the cPanel built-in backup tool. All backups that You perform and store on Our servers, will count towards the allocated disk space for Your Ordered Services. You can restore the available backup using Your cPanel control panel or open a support ticket for assistance.
b. Regardless of Your Ordered Services with Us, We make no guarantees as to the integrity or reliability of Our backups or as to the timing in which a back-up restore may be carried out, although We will endeavour to do so within 24 hours of having received Your request.
c. For all Ordered Services, Backups will not be provided for accounts that have been already suspended or terminated for any reason unless HostCheaply otherwise agrees (in such cases, We reserve the right to charge You any extra fee for account restoration as applicable).
d. Regardless of what Services You purchased with Us, as a best-practice You are encouraged to back up Your own data. We are not responsible for any data residing under Your account. You agree to take full responsibility of all files/data stored under Your account, and to maintain Your own copy of local backup.
15. The “Support Ticket Procedure” means any of the following:
a. Signing in to Our Client Zone at hostcheaply.com/billing and submitting a ticket with sufficient details of Your request.
16. We provide free open certificate authority (CA) issued SSL certificates (Let’s Encrypt SSL) where applicable. However, You may request and pay Us to obtain a commercially available SSL certificate for You. We may revoke or refuse an SSL certificate without prior notice, and reserve the right to provide an equivalent SSL certificate in the event that the certificate You requested is not available. We make no representations, warranties or provide any guarantees with respect to such certificates nor do We provide any technical support services in respect thereof other than initially installing it for You.
17. It is Your responsibility to ensure that scripts/programs installed or run under Your Ordered services are secure and permissions of directories are set properly, regardless of the installation method used. You are ultimately responsible for all actions taken under Your account or Ordered Services. This includes the compromise of credentials such as Your username and password. You are required to use a secure password always. If We discover that a weak password is being used, Your account may be suspended until You agree to use a more secure password.
18. We reserve the right (with or without notice) to immediately disable or delete any Scripts/Programs that SEND or RECEIVE large amount of emails on Our network or servers, whether knowingly or unknowingly due to programming errors, misconfiguration or for other reasons. If email abuse continues to happen, We also reserve the right to immediately suspend Your account suspected of conducting such malicious or abnormal activities.
Transfers/Accounts Migration
Our team will use reasonable efforts to help You move Your current services with other providers to Your Ordered Services with Us, but We cannot make any guarantees of the transfer process and in certain circumstances We may be unable to assist You in transferring Your data from Your previous provider.
The following conditions apply when You request Us to do accounts transfer/migration from Your old hosting provider to Our servers.
1. For Our team to help transfer/migrate ALL Your cPanel accounts (free of cost), You must provide Us with at least one of the following:
a. Ask Your old provider to create a FULL Backup of ALL cPanel accounts owned by You. Compress and upload a single file to Us which should contain all other individual cPanel account backup files.
b. Alternatively, You can also upload ALL individual cPanel backup files to Our servers.
2. The filename of each individual cPanel backup file that You provide to Us must use one of the following formats: cpmove-{USER}, cpmove-{USER}.tar, cpmove-{USER}.tar.gz, {USER}.tar, {USER}.tar.gz, backup-{BACKUP-DATE_TIME}_{USER}.tar, backup-{BACKUP-DATE_TIME}_{USER}.tar.gz
3. In case, You decide to share any login information with Us (in order to access Your old provider’s server and to take account backups on Your behalf), We take no responsibility of whatsoever when Our support team logs in and accesses Your old server/account. It is also Your responsibility to ensure that Your account at the old provider has adequate free space available for Us to take any necessary backups.
4. If You are unable to provide Us with a FULL Backup of cPanel Account, then Our support team can only help migrate Your website and emails manually for an additional fee to be determined by Our Sales and Billing team based on the amount of migration work involved.
Under all scenarios (for all Your Ordered Services), You must always submit the transfer request by opening a support ticket and provide Us at least 48 hours prior notice to when You want Us to begin the accounts transfer/migration process. The afore-mentioned “prior notice” is mandatory so that We can adequately plan and book Our internal resources or manpower who will be assigned to perform the actual migration tasks, to avoid accounts migration work from taking place during a scheduled network or server maintenance window and to keep clear from any other conflicts that We may run into. After Our team begins the accounts transfer work, depending on the number of accounts involved and the size of the restores, it can take anywhere between 1 to 48 hours to complete all migration steps. You must keep Your old hosting service active until all transfer/migration steps are completed by Our team and verified by You.
If You require an immediate assistance with accounts transfer/migration work or consider Your request as a “high” priority, then Our support team may be able to accommodate Your urgent request for an additional one-time service fee (to be determined by Our Billing Department).
Support
Our Services include end-user support to Our direct customers ONLY. In order to make use of Our end-user support You must follow the Support Ticket Procedure otherwise support will not be provided.
End-user support may be delayed or not provided, as determined by HostCheaply in Our discretion, if You are in breach of any of the Terms of Service, including non-payment of Fees.
Although, HostCheaply has internal SLAs that We strive to meet for Our support services offered via Our ‘Live Chat’ system, Our Support Portal or otherwise using the Support Ticket Procedure, there is no guaranteed support ticket response or resolution time that We promise to Our customers, but We aim to provide an initial response within 24 hours of receiving a Support Ticket.
Scope of Support
Support is provided solely in the English language.
It is expected that You have the required computer literacy and understanding of Internet concepts such as domain name, e-mail and file transfer protocols, DNS zones, etc.
You are entirely responsible for the installation and configuration of any and all scripts/applications running under Your Ordered Services/account. Our support agents will NOT troubleshoot or provide any kind of support relating to malfunctioning scripts/applications. For security reasons it is Your responsibility to maintain the latest version of any scripts/applications that run or are installed under Your Ordered Services.
We reserve the right to decide what software gets installed/upgraded/downgraded and resides on Our servers such as LiteSpeed Web Server, MariaDB, PHP, etc. We also determine the version and configuration of all installed software on Our servers. Therefore, We are not responsible or provide any guarantee for compatibility of Your own software (including any custom or 3rd party scripts/applications) with the software and services that We run on Our servers.
Promotional or Discount Coupon Codes
Discount and coupon codes apply only to the specific Service(s) described in the related HostCheaply promotion and cannot be applied to any other Service. Discount and coupon codes are valid only towards the initial purchase and shall not affect the renewal or recurring price of any Service, unless a recurring discount is specifically referenced in the coupon or promotion and only to the extent set forth in that coupon or promotion. Discounts offered after you have purchased, or agreed to purchase, a Service are not applicable. Upon any downgrade, upgrade or closure of a Service to which a discount or coupon code was applied, the discount offered in connection with said discount or coupon code is considered null and void. Discount and coupon codes have no cash value and may not be transferred or used towards later purchases, downgrades, upgrades or modifications to any Service. You may not combine multiple coupon codes, other offers and promotions towards a single purchase. Discount or coupon code abuse will not be tolerated under any circumstances, and may result in the suspension of the account, closure of the account or retroactive adjustment of related charges. HostCheaply reserves the right to discontinue any discount code or promotion at any time, for any reason or no reason, without notice.
Term and Termination/Cancellation, Refunds, Renewals, Fees and Payments
All advertised Service fees on Our Sites do not include any applicable taxes. Any taxes imposed by a government entity on the Services will be added to the invoices generated, unless You provide HostCheaply with a valid (as determined by Us in Our sole discretion) tax exemption certificate issued by a government authority.
The date format used in Our invoices and all billing related activities are in YYYY-MM-DD format.
Each Ordered Service is provided by HostCheaply on a month-to-month, annually (12 months) and biennially (24 months) basis, as set out in Your Order, commencing on Your Acceptance Date and shall automatically renew for successive one month or twelve months or twenty-four months periods, as applicable, until cancelled by You or HostCheaply. Fees for Services are payable in advance for the upcoming month, year or biennial, as applicable.
You may cancel any Ordered Service at any time in accordance with these Terms of Service, but will not be entitled to any refund of fees in respect of a partial month. If You chose to pay for an Ordered Service at the discounted annual or biennial rate in advance and cancel prior to the end of the renewal term then You may be entitled to receive a partial refund for the remaining term on Your account. If Your Ordered Service is eligible for Our 30 day money back guarantee then You must explicitly open a billing ticket with Us requesting a refund in addition to submitting a service cancellation request which is done via Our Client Zone.
If You chose to pay for Your Services on a monthly basis then You authorize Us and Our payment agent to automatically charge, on the monthly anniversary of Your applicable Acceptance Date (subject to the billing date adjustment described at the end of this paragraph, if applicable), the credit card, debit card or PayPal account, as applicable, You have on file with Us or Our payment agent for Your then applicable monthly Services fee amount and to continue to do so each month thereafter unless You have cancelled all of Your Services with Us. If You chose to pay for Your Ordered Services annually in advance then You agree that the references to ‘monthly’ and ‘month’ in the previous sentence will be read as ‘annually and ‘annual, respectively. Similarly, if You chose to pay for Your Ordered Services biennially in advance then You agree that the references to ‘monthly’ and ‘month’ in the afore-mentioned sentence will be read as “biennially” and “biennial”, respectively. If You chose a month-to-month contract and Your Acceptance Date falls on the 29th, 30th or 31st day of a month and a billing month does not have those dates, then the billing day for the first such month (and for future months) will be the 31st day after Your normal billing date -- for example, if January 31 is Your Acceptance Date, then Your initial billing date would be January 31, while Your next billing date would be March 3 (assuming it is not a leap year) and thereafter Your recurring billing date would be the 3rd day of each month.
You can only request a cancellation or termination of Your Ordered Services through Our “Client Zone” site located at hostcheaply.com/billing. You must first login to Our Client Zone -> Select “My Products/Services” -> Select the product You wish to cancel or terminate -> click on “Request Cancellation” button located at the bottom of that page. Upon receiving the cancellation service request that You submitted, Our billing system will send out a confirmation e-mail to Your registered email address that We have on file. Any cancellation or termination requests that We receive through any other contact method such as ‘Live Chat’, ‘Ticket System’, e-mail, by phone, etc., will not be accepted or treated as an official cancellation request. A cancellation/termination must be made at least 7 days before Your next invoice is due, otherwise You will be charged the full invoice amount and the cancellation/termination request will not become effective until the next following invoice due date.
Under any circumstances no refunds, money back, or account credits are provided for any fees You paid towards one or more purchases of domain name registrations/renewals, domain name ID protection, domain name inbound/outbound transfers, Commercial CA issued SSL certificates, cPanel and other accounts transfers, VPS Hosting, Custom Hosting, and web design/development/malware removal and other one-time or recurring add-on paid services.
If Your account accumulates a debt, We may at Our discretion pass Your details to a 3rd party debt collection company or may sell Your debt to a 3rd party. If Your account is passed to a debt collection company or the debt is sold, You agree that We may charge You an administration fee up to in equivalent of US$100.
HostCheaply reserves the right to terminate any account and Your Ordered Services at any time, for any reason, including, but not limited to, a breach of these Terms of Service.
We reserve the right to charge You and You agree to pay a late fee equal to 15% of the invoiced amount (in the currency Your account is associated with), for any invoice that is overdue by more than 7 days from the payment due date listed on such invoice.
All of Your Ordered Services will be suspended if You have an unpaid invoiced amount outstanding for more than 7 days of its due date. Your account and all of Your Ordered Services will be terminated if You have an unpaid invoiced amount outstanding for more than 14 days of its due date. You acknowledge that in the event that Your account and Ordered Services are terminated in such circumstances, all of Your data including any backups copies will be permanently deleted from Our servers and We will have no liability to You.
This section shall survive any cancellation or termination of Your Ordered Services.
Uptime Guarantee
HostCheaply guarantees a 99.9% network uptime (determined on a calendar month basis) for its cPanel Hosting Services.
If We fail to maintain Our uptime guarantee, then the following service level credits will be applied to Your account to be used as a credit toward Your future fees for the affected Service and otherwise have no cash value and are not refundable. Service level credits only apply to, and cannot exceed, Your then applicable base monthly fee for the related Service covered by this uptime guarantee, but excluding any fees for billing system licences, ssl certificates, IP addresses, domain names, website migration, professional services and any other optional add-ons.
100% - 99.9% uptime – No credit
99.9% - 99% uptime - 5% credit
99% - 95% uptime – 10% credit
Less than 95.0% uptime – 20% credit
Our systems and monitoring tools determine the uptime of Our Services and We have the final say in determining actual availability/uptime. Your use of any monitoring tool will not be taken into account for any uptime guarantee claim.
Excluded from the uptime guarantee are network or server interruptions as a result of: regularly scheduled maintenance work; denial of service (DoS or DDoS) attacks, brute-force attacks or third party hacking of Our servers; infrastructure failure of Our upstream service providers; problems due to Your Internet connection; Service suspension or termination due to billing related issues; Our data center’ backbone peering point issues; ‘acts of God’ or any other circumstance beyond Our reasonable control; software bugs/flaws; and acts or omissions of Our customers.
If and when Your Ordered Service is under any type of DoS or DDoS attack, We reserve the right to determine the duration of real-time DDoS mitigation/traffic scrubbing performed against such attacks. At Our sole discretion We also reserve the right to null route one or more IP addresses related to Your Ordered Services to stop any type of large DDoS attacks received.
To make a claim under the uptime guarantee You must open an ‘uptime guarantee’ support ticket using the Support Ticket Procedure noted above within 2 days of the end of the month to which the uptime guarantee request relates. The uptime guarantee is not available for any requests submitted after the 2 days deadline.
Allowed/Disallowed Content on Our Servers
In addition to and without in any way limiting Our Acceptable Use Policy, prohibited materials on all of Our Services include:
Explicit Adult content (such as Pornography and/or Nudity), Torrent sites, Pirated software, Warez, Image Hosting Scripts (similar to Photo Bucket), Proxy Scripts/Anonymizers, IRC Scripts/Bots, IP Scanners, Bruteforce programs/scripts/applications, Banner-Ad services of any kind, File dumps (similar to RapidShare), Audio/Video streaming (no more than one or two simultaneous streams allowed), Escrow, Bank debentures, High-Yield Interest Programs (HYIP) or Related sites, Investment sites (FOREX, etc), Lottery Sites, MUDs/RPGs/PPBGs, prime bank programs, sale of any controlled substance without prior proof of appropriate permit(s), hacker focused activities or sites/archives/programs, forums and/or websites that distribute or link to warez/pirated/illegal content/hacking/cracking/key generators, Fraudulent sites, sites promoting any kind of illegal activities, Mail Bombers/Spam Scripts, AutoSurf sites, Hate sites, Game Servers.
We reserve the right to refuse service to anyone at anytime. Any material that in Our own judgement, if deemed unacceptable, obscene or threatening will be prohibited and removed from Our Servers/Network immediately with or without notice.
In addition, HostCheaply has ZERO TOLERANCE towards the following:
a. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site or account found to host child pornography or linking to child pornography will be suspended or terminated immediately with or without notice.
b. SPAM, delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail of any kind sent from Our network or servers. We reserve the right to immediately suspend or terminate accounts suspected of conducting these activities.
c. No phishing sites or content are allowed. If found to be hosted on Our servers or on the network, We reserve the right to suspend or terminate Your Ordered Services with or without notice. We consider Phishing sites to be sites that attempt to obtain sensitive information such as usernames, passwords, and credit card details for malicious reasons by pretending to be a trustworthy, legitimate business.
Under all circumstances We reserve the right to report the finding to the appropriate law enforcement agency and provide them with any information requested about Your Ordered Services with Us including Your data and/or personal contact information that We have on file.
Outbound Mail (SMTP) Monitoring and Filtering
For all Your Ordered Services, in an attempt to protect the reputation of Our IP addresses and to safe-guard Our network from SPAM and/or other bulk e-mail activities, We reserve the right to monitor the amount of SMTP (all outbound e-mail) traffic and its origination source by using one or more third party transparent mail proxy software (such as MailChannels, SpamExperts, etc). If Our automated systems detect an abnormal amount of outbound emails or suspicious outbound e-mail activities originating from Your Ordered Service then We will immediately block such traffic and/or suspend Your Ordered Services with or without a prior notice to You.
"Unmetered Bandwidth" or "Unmetered Disk Space" Fair Usage Policy
HostCheaply advertises some of its Services with “Unlimited or Unmetered Bandwidth” and “Unlimited or Unmetered Disk Space”. The term “Unlimited or Unmetered Bandwidth” and “Unlimited or Unmetered Disk Space” basically means that We will not set a cap on the amount of data transfer (download or upload) incurred for all legit visitor traffic towards one more websites hosted under Your Ordered Services so long as You abide by the rest of Our Terms of Service. We only start restricting the access/bandwidth/disk space when an account under Your Order Services negatively impacts Our servers and/or network performance thus violating any of Our Terms of Service. In most cases, if You use Our Services appropriately then visitors to Your website will be able transfer as much content as they wish.
HostCheaply Disclaimers and Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, HOSTCHEAPLY DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE SERVICE OR TRANSACTIONS, CONFIDENTIALITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, RELIABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL HOSTCHEAPLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF RESOURCES OR FACILITIES INCLUDING COMPUTER RESOURCES, SERVERS (VIRTUAL OR OTHERWISE) AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES PROVIDED BY HOSTCHEAPLY OR OTHERWISE RELATED TO THE TERMS OF SERVICE, EVEN IF HOSTCHEAPLY OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO CASE WILL HOSTCHEAPLY’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN UP TO ONE MONTH’S WORTH OF FEES ACTUALLY PAID BY YOU TO HOSTCHEAPLY FOR THE SPECIFIC PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES. IN NO EVENT WILL HOSTCHEAPLY BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, TROJANS, MALWARES, HACKING, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, HOSTCHEAPLY’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIER OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU OR YOUR CUSTOMERS, OR YOUR OR YOUR CUSTOMERS RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF HOSTCHEAPLY.
FOR THE PURPOSES OF THIS AND THE IMMEDIATELY FOLLOWING SECTION, ‘HOSTCHEAPLY’ SHALL INCLUDE HOSTCHEAPLY’S AFFILIATES AND HOSTCHEAPLY’S AND ITS AFFILIATES’ RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS.
THIS SECTION SHALL SURVIVE ANY CANCELLATION OR TERMINATION OF YOUR ORDERED SERVICES.
Customer Indemnity
Without limiting any other indemnity in the Terms of Service, You agree that You shall defend, indemnify, save and hold HostCheaply harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal/attorney's fees asserted against HostCheaply that may arise or result from any service provided or performed or agreed to be provided or performed, or any product sold by, or any other action taken by, You or Your agents, employees customers or assigns using or otherwise in connection with Our Services, including, without limitation, any and all demands, liabilities, losses, costs and claims arising out of: (i) bodily injury to any person or property caused by any products sold or otherwise distributed in connection with Your Ordered Services; (2) any material supplied by You infringing or allegedly infringing on intellectual propriety rights of a third party, including without limitation, copyright, patent or trademark infringement; and (3) any defective products sold to customers using an Ordered Service.
This section shall survive any cancellation or termination of Your Ordered Services.
Changes
HostCheaply reserves the right at any time to modify the Terms of Service and to add new or additional terms or conditions on Your use of HostCheaply’s Services. Modifications and additional terms and conditions will be effective immediately and incorporated into these Terms of Service. Your continued use of any HostCheaply Service will be deemed acceptance thereof.
General
All fees for Services are exclusive of applicable sales, use, service, excise and value added taxes which You agree to pay to HostCheaply, if applicable. HostCheaply takes no responsibility for any additional currency conversion charges or other charges incurred by You through PayPal, Your bank, or any other financial institution You deal with.
Any provision of the Terms of Service which are held to be invalid, illegal or unenforceable by a court of competent jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of the Terms of Service, all without affecting the remaining provisions of the Terms of Service or affecting the validity, legality or enforceability of such provision in any other jurisdiction.
Your Order together with the Terms of Service constitute the entire understanding and agreement between You and HostCheaply in connection with Your Ordered Services and supersedes any and all prior and contemporaneous oral or written representations, communications, understandings and agreements between You and Us with respect to the subject matter hereof.
You hereby consent to the exchange of information and documents between You and Us electronically over the Internet or by e-mail, if to You to the primary e-mail address You have on file with Us or if to HostCheaply to its e-mail addresses as set out on the Sites and that these Terms of Service together with Your Order shall be the equivalent of an original written paper agreement between You and Us.