Hostahoy.com

Terms & Conditions

Services:
The following are the terms and conditions for use of the Hostahoy.com service including without limitation DNS, web parking, email and other services which may be offered from time to time by Hostahoy.com for use with your Hostahoy.com account member name (each feature individually and collectively referred to as the "Services"). Please read them carefully.
BY CLICKING ON "I AGREE" AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR A Hostahoy.com ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").

The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Subscriber: The Subscriber is defined as an individual who is accessing the Services. Subscribers may not have more than one account. Subscribers cannot share accounts. If a Subscriber has more than one account, Hostahoy.com reserves the right to aggregate the Subscribers usage across all of his accounts for purposes of calculating accurate fees and usage charges.
Term: The term of Subscriber subscription is effective as soon as the Subscriber begins using the Services. Hostahoy.com shall endeavor to enable Subscriber to commence access to the Services (the "Access Date") as soon as possible. Notwithstanding the foregoing, Hostahoy.com shall not be responsible or liable for any delay in the Access Date for any reason, including, without limitation, equipment delays, telephonic service delays, or any other reason, and Subscriber's sole remedy for any such delay shall be to cancel the Service and Subscriber shall be entitled to a refund of any portion of the Initial Fee (as hereinafter defined) which has not been used for costs, expenses or set up services
Fees: Upon establishment of an account through submission of the Signup Form, the initial fees shall be due and payable and thereafter the Yearly Fees shall be due and payable in advance unless otherwise specifically provided in a written Quotation. Subscriber shall pay all applicable taxes relating to use of the Service by the Subscriber. Subscriber shall be responsible for all use of the Service accessed through Subscriber's account and will pay for all usage charges accrued thereunder whether or not they are authorized by the Subscriber. In the event of unauthorized access to the Subscriber's account, Subscriber must promptly notify Hostahoy.com. Subscriber will remain responsible for all charges to Subscriber's account until Hostahoy.com is so notified and has had a reasonable opportunity to cancel access to the account. Any amounts not paid by Subscriber to Hostahoy.com when due shall bear interest at the rate of 1.5% per month until paid in full and Hostahoy.com may be obligated to suspend any services until all payments are made. In addition if any amount is not paid when due subscriber shall be responsible for Hostahoy.com cost of collection including attorneys' fees and costs.
DISCLAIMER OF WARANTEES: LIMITATION OF LIABILITY
A: Hostahoy.com shall endeavor to provide the Services in accordance with the standards of the industry. Hostahoy.com will make a good faith adjustment to any amount paid or payable by the Subscriber for the use of the Services to the extent of a failure of the services which renders the Services unusable except to the extent caused by Subscriber or based upon acts or conditions beyond Hostahoy.com's reasonable control; provided that Subscriber reports such problems to Hostahoy.com immediately upon discovery and requests an adjustment within 5 business days of such failure. Notwithstanding any other provision of a written Quotation or these terms and conditions, in no event shall Hostahoy.com's liability for any reason upon any cause of action in connection with this agreement, the Service or otherwise exceed the Most Recent Yearly Payment by Subscriber to Hostahoy.com

B: Subscriber acknowledges that Hostahoy.com has not made any representations or warrantees with respect to the quality of the service or that the service will be accessible on a continuous basis or that such accessibility will not be limited or interrupted from time to time, and Hostahoy.com specifically disclaims any such representations, warrantees, or covenants including without limitation the warrantee of merchantability or fitness for a particular purpose. Subscriber acknowledges that Hostahoy.com shall not be liable or responsible for consequential damages, lost profits or other damages of any type or nature, even if Hostahoy.com has been advised of such damages. Subscriber acknowledges that sole remedy for any such failure is set forth in the second sentence of paragraph 5A. Hereof Subscriber acknowledges that Hostahoy.com does not monitor or review any of Subscriber's material (as hereafter defined); However, Subscriber acknowledges that Hostahoy.com may, upon receipt of a complaint, with respect to any of the Subscriber material or any other reason, Prevent Subscriber material from being accessible through the service; provided that Hostahoy.com shall have no obligation to Prevent Such Access and no liability to Subscriber or any third party for Preventing Access To or failure to Prevent access to such material.
Subscriber Materials: Indemnification: Policies
(A) Subscriber represents and warrants that any material which Subscriber places on the service, permits to be placed on the service with or without Subscribers authority, or on the Internet and/or the Web through Hostahoy.com's service, including Subscriber's domain name(s), ("Subscriber Material") will not 1) violate the rights of any 3^rd party and will not give rise to any claim of such violation 2) violate any federal, state or local law, rule or regulation of any type of any nature (civil or criminal), including without limitation, laws with respect to obscenity, indecency, harassment, or export controls or 3) contain or transmit any software disabling devices or internal controls including, without limitation, time bombs, viruses or the like.

(B) Subscriber shall indemnify and hold Hostahoy.com and its employees, agents, shareholders, officers, directors and successors and assigns harmless from and against any and all claims, damages, liabilities, costs and expenses (including attorneys' fees and costs and settlement costs) ("Damages") arising out of any breach by subscribers of any of the representations, warrantees or agreements set forth in the Signup Form or these Terms and Conditions.

(C) Subscriber agrees to comply with Hostahoy.com's policies with respect to the Services, as such policies may be modified from time to time including, but not limited to, Hostahoy.com's policy against "spamming."
Termination: Hostahoy.com may terminate the term and Subscriber's right to use the service at any time without cause by sending notice to the Subscriber. Hostahoy.com may Terminate the term and subscriber's right to use the service immediately without prior notice on a breach of the these Terms and Conditions by Subscriber. In addition, Subscriber may also terminate this Agreement by giving written notice to Hostahoy.com and discontinuing use of the service. Terminations by subscriber will be effective 60 (sixty) days after the date on which Hostahoy.com receives notice from the Subscriber and Subscriber will be liable for fees and charges set forth in the Subscriber selected subscription level though the termination date and any additional usage fees accrued though the termination date. No refunds will be given if the Subscriber cancels the Services, or if Hostahoy.com cancels the Services due to a breach of these Terms and Conditions, and under no circumstances will any termination of this contract result in a refund exceeding the unused portion of any fees paid to Hostahoy.com.
Changes in Services, Terms and Conditions, and Fees. Hostahoy.com may modify these Terms and Conditions or service prices and may discontinue or revise any and all other aspects of the service in Hostahoy.com's sole discretion upon 30 (thirty) days notice. Subscriber shall be deemed to have accepted any such changes or modifications by continuing to use the Service after the end of such thirty days period. A copy of Hostahoy.com's standard Terms and Conditions including any such changes made to such Terms and Conditions from time-to-time will be available.
Miscellaneous
(A) These Terms and Conditions shall be governed and construed under the laws under the State of New York. Any dispute arising out of the these Terms and conditions or any Services provided by Hostahoy.com shall be resolved in the Federal or State courts located in New York county and Subscriber consents to the jurisdiction of such courts over Subscriber. All notices given by subscriber shall be in writing and addressed to: Hostahoy.com 111 Broadway 11^th Floor, New York, NY 10006 or by Fax to 212-349-1090. All notices to Subscriber shall be given either in writing, via email, via Fax, or via telephone to the address, email address, fax number or telephone number indicated on the Subscriber Signup Form.

(B) Subscriber acknowledges and agrees that Subscriber will permit Hostahoy.com to use its name and trademarks for promotional and advertising purposes: provided that such use accurately reflects the relationship of the parties. By signing up for services, Subscriber has agreed to these Terms and Conditions. These Terms and Conditions represent the parties entire agreement and understanding, supercede any previous oral or written agreement and may only be modified pursuant to a written agreement or as permitted by paragraph 8 hereof.