Terms of Service
By ordering 2by2Host.com hosting service or any product you (the client) agree to these terms of service and to follow 2by2Host.com's Usage Policy, as each may be amended or revised from time to time.
1. Account Activation
1.1. We (2by2Host.com) aim to activate your account within 48 hours after you sign up. The actual time will vary depending on each client's circumstances and in some cases can be as short as 6 hours upon completion of our standard fraud check protocol and receipt of your payment. You (the client) consent to our use of a charge back bureau and credit checks.
1.2. Please fill in your correct phone number when you sign up. (Note: we do not accept cell phone numbers!)
1.3. Note: All customers who singed up before 2006 and used 2checkout please follow this link to find out how to change your billing information.
2. Technical support
2.1. We provide free technical hosting support via email and tickets only. This may include: domain is not responding, email is not working and anything else related to your hosting account. Paid support, even for Managed Shared Hosting customers, by live chat and/or phone is available for $150 per hour.
2.2. Only relevant application support is rendered. Any additional features or functionality can be developed at the customer's cost at $100 per hour.
3. Technical Support Limitations
3.1. Although debugging or analyzing scripts is not included in our standard services, for an additional charge we may provide debugging and analyzing of scripts. Please note, if you are going to be using scripts, you must be an experienced programmer as our support of scripts is limited.
4. Payment Methods That We Accept
4.1. We accept only Visa, AMEX, Master Card and Discover cards, Paypal, money wires and in some cases personal checks (subject to our prior approval). We do not accept cashier's checks or money orders.
5. Payments For Development Services
5.1. We generally do not require any down payment if the total amount of services ordered is less then $200, in which case payment can generally be done within five (5) business days after completion of the work. For all services above $200 we require a 50% down payment prior to starting work with the remaining 50% paid at completion. All work must be paid for in-full within five (5) business days of completion.
5.2. If your full payment is not received within such five (5) business day period then you shall be charged interest at an annual percentage of ten percent (10%) compounded daily. Failure to pay within said five (5) business day period, gives us the right to submit such bill to collection.
5.3. Customers outside of the U.S. are required to pay in full before we start any development projects for them.
5.4. In case of any conflicts all current work is stopped until the incident is completely resolved. The down-payment is only refundable within the first week after the payment has been received and not under any circumstances thereafter.
6. Rights to Copyright
6.1. We require our copyright links to be present on the customer's web site unless otherwise agreed to in the project specifications. Removal of 2by2host's copyright links will void any warranties, offers or responsibilities from 2by2host and will lead to renegotiation of any further development fees. Removal of 2by2host's copyrights does not relieve the customer of paying any due or future invoices that might be generated in relation to the project.
6.2. Any free products provided by 2by2host with the copyrights removed without our permission will immediately make the customer fully liable for the associated costs that will be calculated based on the invested resources.
6.3. The ownership of the code is transferred after the payment has been received in full from the customer and is limited by any licenses or copyrights associated with the product or libraries used for the operation and development of the web site.
7. Non-payments For Our Services
7.1. For all accounts that are one (1) month past due or more we reserve the right to suspend or terminate the account or undo all the work we have done until payment is received in-full. Further, we have the right to terminate your account once it is one (1) month past due and to replace all such homepages with our homepage. We also reserve the right to send your information to any collection agency, use private investigation services and share your credit information (this will include any data we obtain from a third party service, credit bureaus and other online protective services).
8.1. Backups are the sole responsibility of the client. Although we do weekly backups we make no guaranties of the quality of our backups. Often there is at least a 10% file loss in the transfer to a backup file and/or the backup file of your site may be corrupted. We provide all the necessary tools in your hosting account to do complete backups of everything.
9. Hosting and Domain Renewals
9.1. As our customer and the owner of domains that you purchase through our service, it is solely your responsibility to make sure your domain(s) get properly renewed. Domain expiration can be caused by late or non-payments or some billing issue with your account. We are readily available to assist you, but keep in mind that all domains that got into Redemption (which happens in 1 month after domain expired) are subject to $350 renewal fees.
10.1. If you decide to cancel your account, just submit a trouble ticket to us fourteen (14) days in advance BEFORE your next billing cycle. We have the right to delete your site immediately upon receipt of such cancellation notice in order to prevent any risk of spamming, DoS attacks, port scans, IP Hijacks and the like using our services.
10.2. As noted above, your hosting accounts may be cancelled if you fail to pay for our services in a timely manner.
10.3. Domain names that came with our hosting may be used free (only MSH customers with annual subscription and only if requested) of charge only while hosting with us. If your service is cancelled we may sell such name to you for $350.
10.4. If any direct or indirect chargeback threat or any other threat is received from a customer their account will be automatically put on hold until further investigation is conducted.
11. Refund Policy
11.1. All advanced payments and deposits are non-refundable. Upon early cancellation, 2by2Host.com shall keep all unpaid balances.
12. Client Warranties
12.1. You represent and warrant to 2by2Host.com that:
(a) You own or have the right to use all material contained in the website, including all text, graphics, sound, video, programming, scripts, and applets; and
(b) The use, reproduction, distribution, and transmission of the 2by2Host.com website, or any information or materials contained in it, on and from server computer does not: (1) infringe or misappropriate any copyright, patent, trademark, trade secret, or any other proprietary rights of a third party; (2) violate any criminal laws; (3) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity, or violate any other law or regulation.
(c) You are using your true name and address in your communications with us and in your billing account.
12.2. You can also represent a company or another person but it has to be made clear to us and proper documentation provided.
12.3. If at any point we suspect that you are using stolen or fake identity, we will immediately suspend your account and will request a scanned copy of your picture ID to sent to us by email within 48 hours. Until such ID is provided we will stop any communications with you, any technical or billing assistance.
13. Limitations of Warranties and Liability
13.1. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, 2by2Host.com DISCLAIMS ANY AND ALL EXPRESS WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY. 2by2Host.com WILL NOT BE LIABLE FOR ANY LOSS OF BUSINESS OR PROFITS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNATIVE, OR SIMILAR DAMAGES, OR, OTHER THAN AS SET FORTH IN THIS AGREEMENT, FOR CLAIMS OF DAMAGES MADE BY ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILLITY OF SUCH DAMAGES. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AS INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL 2by2Host.com LIABILITY EXCEED THE TOTAL PRICE AS DEFINED IN THIS AGREEMENT.
14. Right to Monitor and Remove Unacceptable Sites
14.1. 2by2Host.com has the right, but not the duty, to review and monitor all content submitted for or included on the website, and in its sole discretion to remove any content that 2by2Host.com finds objectionable for any reason without prior notice to you.
15.1. You are solely responsible for any liability arising out of or related to the website. You agree to indemnify and hold 2by2Host.com harmless from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable attorney fees and experts' fees, associated with any claim or action brought against 2by2Host.com related to or arising out of the website or your breach of its warranties under this Agreement. This indemnification agreement will survive termination of this Agreement.
16.1. This Agreement may not be assigned by you directly or by operation of law to any other person, firm, or entity without the express written approval of 2by2Host.com.
17. Causes Beyond Reasonable Control
17.1. 2by2Host.com will be excused from delays in performing or from failing to perform its obligations under this Agreement to the extent the delays or failures result from causes beyond its control.
18. Validity of Agreement
18.1. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.
19. Entire Agreement
19.1. 2by2Host.com reserves the right to change, append or revise its usage policies or terms of service at any time for any reason and without advance notice.
19.2. This agreement as it may be amended by 2by2Host.com from time to time, including the usage policy, the billing policy and any exhibits, appendices, and attachments, contains the entire agreement of the parties relating to the rights granted and obligations assumed in this agreement.
20. Venue and Applicable Law
20.1. This agreement shall be governed, construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts (without respect to principles of conflicts of law), and the parties submit to jurisdiction of and venue in the Commonwealth of Massachusetts in any legal proceeding necessary to interpret or enforce this agreement or any part of this agreement.
21. Collection Fees and Costs
21.1. If you fail to pay all sums in full when due, then 2by2Host.com shall be entitled to recover from you 2by2Host.com's actual costs of collection, including without limitation, reasonable attorney's fees and all other litigation costs, including expert witness fees, and all actual attorney fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. The provisions of the proceeding sentence shall be severable from the provisions of this agreement and shall survive the entry of any such judgment.
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