ADT-Hosting

Terms and Conditions

Terms and Conditions

This Agreement sets forth the terms and conditions of your use of ADT-Hosting. for web hosting services. You must read and agree to be bound by all terms and conditions of this agreement. By posting 30 days in advance at http://www.adt-hosting, ADT-Hosting is entitled to modify the terms and conditions of this Agreement and or the prices of its offered services, as well as discontinue or change its offered services.

Services and Your Obligations

ADT-Hosting will provide web hosting services in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing these services, ADT-Hosting maintains full control and ownership of any and all account information and (“IP”) addresses and numbers that may be assigned to you.

ADT-Hosting reserves the right to access any information as permitted by required law, regulation or other governmental request. ADT-Hosting will fully cooperate with law enforcement authorities in the prosecution of lawbreakers and they reserve the right to inform law enforcement authorities of any illegal activity.

You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the “DMCA”) and acknowledge that ADT-Hosting is a service provider and thereby immune from liability under the DMCA. ADT-Hosting will accommodate standard procedures used to identify and protect copyrighted works.

Neither websites themselves that are being hosted on ADT-Hosting's servers nor the links contained within these sites are being monitored, screened for approval or endorsed by ADT-Hosting. ADT-Hosting is not responsible for any content on any websites hosted on our servers.

You agree that ADT-Hosting is not responsible for any loss of data due to any server or network related issues.

ADT-Hosting is not responsible for any damages to any client's business. ADT-Hosting makes no warranties or guarantees of any kind, expressed or implied for services that we provide and is not responsible for cirumstances beyond our control. Use of ADT-Hosting's web hosting and email service is at the client's sole risk. ADT-Hosting services are provided on an "as is, as available" basis.

ADT-Hosting will not pay or reimburse for any damages regarding website functionality due to server issues, downtime, or any other related issues that could lead to a client's web site being dysfunctional or non-operational. The client is responsible for locating errors on the website and notifying an outside party or ADT-Hosting for assistance with fixing any issues on the website relating to coding, PHP, MySQL, and/or email related issues. ADT-Hosting will help to the best of its abilities to fix these issues. If the issue continues then the client is responsible for any further support provided by any outside third party to resolve the issue, ADT-Hosting will not reimburse or credit any fees incurred by a third party contractor to fix issues, or any damages or losses incurred by any issue related on the website or downtime.

ADT-Hosting does not guarantee that our services will be uninterrupted or error free. ADT-Hosting will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.

In no circumstance will ADT-Hosting be liable for any claims resulting from the use or inability to use ADT-Hosting services including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunication, loss of design of a web site, loss of marketing or advertising programs, deleted accounts, unauthorized access to ADT-Hosting. ADT-Hosting reserves the right to report to law enforcement authorities any illegal activity.

Payment Policies, Cancellation Policies

Full payment of amount specified is required before any hosting service is rendered, including renewals. All payment requested would be sent via electronic email (“e-mail”). Pre-paid accounts are due at the time of the accounts anniversary, the customer will again be notified by email of payment due date.

The customer is eligible to cancel a non-contract web hosting service at anytime. ADT-Hosting offers a 1-year contract agreement, which the user is bound to a 12-month contract period with no cancellation policy. All payments must be made in full for all 12-month contract. Once the payment is received for a full 12 month period, the refund is no longer valid after 30 days.

Monthly Clients - Monthly clients will be able to cancel there accounts at anytime, but will not receive any type of refund for the days used or un-used for the account. Once a client also requests cancellation by email or written notice, the account will be canceled right away, and no further services are provided.

ADT-Hosting is not responsible for any fees incurred by any other party including third party agencies.

For all monthly accounts, after 30 days of account activation, no refunds will be given to any payments made to the account. We do not pro-rate monthly rates after 30 days of account activation.

Domain registration and setup fees are nonrefundable. The account holder is responsible for all money owed on the account from the time it was established to the time that the customer notifies ADT-Hosting of cancellation. Additional features can be added to your account at anytime. The customer may also upgrade their account at anytime without any penalties. If your web site has an overdue or unpaid balance, ADT-Hosting will temporarily suspend your account, until the payment is furnished.

All cancellations must be received with a 30 day notice.

Indemnification Policy

You agree to use all ADT-Hosting services at your own risk. ADT-Hosting disclaims all warranties of merchantability and fitness for a particular purpose. ADT-Hosting is not liable for any loss, loss of data or commercial damage, including but not limited to special, incidental, consequential or other damages. By accepting this Agreement, you agree to waive and not hold ADT-Hosting responsible for any claims relating to any action stated above. Customer agrees to defend and hold harmless ADT-Hosting from any and all demands, liabilities, losses, costs, claims, including attorney fees asserted against ADT-Hosting, it’s employees, agents, customers, officers, that may arise.

The customer agrees that ADT-Hosting, Inc. is not to be liable for any costs, fees, penalties or monetary court judgements which exceed the amount the customer has paid ADT-Hosting, Inc. for services (not to include licensing fees) and that this Agreement and the rights and obligations of the parties under this Agreement shall be governed, construed, interpreted and enforced in accordance with the domestic laws of the State of Maryland, regardless of any choice of law or conflict of law provision or rule of any other jurisdiction. The rights and obligations of the parties under this Agreement shall be heard only in a state court in Maryland or in a federal district court having jurisdiction over ADT-Hosting, Inc. in Maryland. The parties irrevocably consent to the jurisdiction of the state of Maryland.

Cancellation Policy

You may cancel your ADT-Hosting services at any time. If your account is on a month-to-month basis with ADT-Hosting, you may wish to cancel this service at anyt ime, by stating in a written letter or an email before the end of the billing period. If your account is paid upfront, all fees for service are considered non-refundable unless cancellation is requested within 30 days of account activation. Licensing and setup fees are always non-refundable.

ADT-Hosting charges a $25.00 fee for returned checks and a $25 fee for charge backs. For international customers if you are using ADT-Hosting services, the amount must be drawn in US dollars.

If a client has a balance due at the time of cancellation, this balance must be paid in full. All overdue balances and or financial obligations must be paid in full before the cancellation is considered complete.

The act of transferring your domain to another hosting or service provider does not constitute of canceling your account. ADT-Hosting must be contacted formally to avoid further charges.

Account Changes

Account maintenance issues can be handled by your high tech state of the art Control Panel.

Account Ownership

ADT-Hosting is only responsible to the current owner for web hosting services. We verify ownership by credit card number, address, and other information stated in your account. If this information is given to someone else by the account holder and/or owner, the account holder is responsible for any abuse. ADT-Hosting keeps all information private and confidential.

Privacy Statement

ADT-Hosting collects the following types of personal information: names, billing information, postal and e-mail addresses, phone and facsimile numbers and support tickets.

ADT-Hosting will not use your personal or billing information other than for the purpose for which it was submitted without your consent. We use your information to reply to inquiries and to handle billing charges. No personal information or billing information on file will be used for creating aggregated databases or unlawful uses.

Email Policy

In no means does ADT-Hosting support mass emails, group emails, email bombs, hate email or spam. Client is responsible for keeping email storage under control.

ADT-Hosting is responsible for an anti-spamming policy. Under this policy we prohibit spam or any unsolicited commercial email, from being sent either, over the ADT-Hosting network or by customers or any other users of ADT-Hosting including customer’s customers. ADT-Hosting has the right to cancel hosting services to any client not following these policies.

Content Policy

All services provided by ADT-Hosting 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 City law is prohibited. This includes, but is not limited to copyrighted or trademarking material, material that advocates calls for the commission of crimes or civil harms to any person and intellectual property.

Website Termination

If in any reason a web site receives a complaint about copy right, Cease and Desist, or any legal notice for a website to be taken offline, ADT-Hosting has the right to take down the site immediately until the issue has been solved by both parties.

Backup

The customer is responsible for keeping a backup of their web content, Miva Merchant shopping cart files, emails, and/or any files or applications stored on ADT-Hosting's servers. Backup utilities are included in the user's control panel or by using any FTP software with your FTP account. If loss of data has occurred due to an error of ADT-Hosting, we will attempt to recover the data without charge. Backups are made for server restoration purposes only. ADT-Hosting is not responsible for loss of data due to the negligence of client. In such cases, ADT-Hosting will still attempt to recover files and data but it is not guaranteed. We also provide off-site nightly backups, but these backups are for website files only. We do not backup emails and will not restore email accounts. Client is responsible for keeping and restoring email accounts and emails. Email accounts and emails are backed up once a week and are restored at a per account basis if requested.

Its the user's right to backup their own website. If, in any case, the website files are not restorable by backup, ADT-Hosting takes no responsibility for website files or content, shopping carts, or any other information previously hosted on ADT-Hosting servers.

Upon written or verbal cancellation to ADT-Hosting , all files, emails, website content, MySQL database, shopping carts and all account information including credit card information is removed immediately from all servers belonging to ADT-Hosting. We do keep a 14 day retention period of data on backups. After 14 days from notice of cancellation, all data, files and account information are fully removed from the servers and the possession of ADT-Hosting.

Domain Names

It is the client's responsibility to renew the domain name and contact ADT-Hosting to do so if the domain name was registered by ADT-Hosting . Notices will be sent 14-30 days prior to expiration to the email address tlisted as the domain name's administrative contact. If the domain name is in ADT-Hosting's name, the domain name will only be renewed automatically if a client has a valid credit card on file with an active hosting account. All other domains without a valid hosting account or credit card will expire and can be renewed only within a 14 day grace period after expiration. If the domain is in redemption the client will have to pay a fee of $75-$150 to gain the domain back from the registrar. In any case, if a domain name expires, WebNetHosting is not responsible for any damages or losses due to the website not being present on the web. There is a charge of $20-$25 a year price for domain name renewals. If the client fails to pay for a domain name that has already been renewed by ADT-Hosting, ADT-Hosting holds the full right of ownership without exceptions.

Uptime Guarantee

We strive to provide great uptime.

Circumstances beyond ADT-Hosting control including war, strike or other labor disturbance, unavailability/interruption/delay in telecommunications, virus attacks and/or hackers, third party software failure (free scripts, e-commerce software, merchant gateways), fire, flood, tornado, earthquakes, acts by any governing body, embargo, boycott, or inability to obtain supplies, raw materials, or power used in or equipment needed for provision of this Service Level Agreement including:

Failure of access circuits to the ADT-Hosting Network, unless the failure is caused solely by ADT-Hosting.

Emergency maintenance, scheduled maintenance and system upgrades.

Domain name system (DNS) and domain name registration problems outside of the control of ADT-Hosting.

Issues with FTP, POP, IMAP, or SMTP customer access.

Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (ie., PHP, Python, CGI, Perl, HTML, ASP, etc...), any negligence, willful misconduct, or use of the Services in breach of ADT-Hosting Acceptable Use Policy.

Problems elsewhere on the internet that prohibit you from viewing your account. ADT-Hosting is not responsible for browser, DNS, or other caching that might make it appear your site is unavailable even though others can still access your information. This guarantee covers areas ADT-Hosting controls such as our servers, routers, and switches.

Contact Us

You can contact us at support@adt-hosting.com if you have any questions about this policy.

ADT-Hosting reserves the right to edit the these terms at anytime.