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
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.
8.2. If you are no longer our customer and need a full backup of your site we might provide such backup for $399 if we still have a copy of it. This sum can vary based on the actual size of your account and the time and expenses needed to get it to you. This doesn't apply to any custom-software that we might have built or set up for you and haven't collected our development fees for it. In such a case the backup cost will depend on the amount of work we have initially put into building the system.
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.
9.2. The email service provided by 2by2host is complementary to the website hosting only. It cannot be treated as business class or professional in any form. This means that it’s completely self-managed and doesn’t support any business-critical functions. You have the ability to create your own mailboxes from your cpanel account and configure Outlook, Thunderbird, etc mail programs to work with those mailboxes. Our system is designed to block IP address of the user who typed in their password incorrectly more than 3 times. If your IP gets blacklisted you will not be able to open your site or check your emails. Log in to your billing account and use the utility there to unblock your IP as described in this article. If urgent (within 24 hours) email support is needed it can be provided at $150 an hour on business days, otherwise the price is $100 an hour.
As an alternative we recommend setting up a Gmail account and mapping your address to it. This can be done with as many accounts as needed and your domain-specific email account can be mapped to one or multiple gmail addresses.
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
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:
You own or have the right to use all material contained in the website,
including all text, graphics, sound, video, programming, scripts, and
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
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.
21.2. We will charge 25 cents per transaction of a not working or not updated credit card every time our system tries to run it.