Intro
102Hosting is dedicated to providing top quality service at a very affordable price. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.
Failure to follow any condition will be grounds for immediate account deactivation without notice. 102Hosting will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact our abuse department at admin@102hosting.com.
Illegal Usage
102Hosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, prescription drug sales, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: pirated software, hacker programs or archives, warez sites, MP3, and IRC bots. Any type of forum/discussion board discussing where to obtain such files or one that distributes the files is also prohibited. Sites related to HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes are prohibited. The subscriber to 102Hosting service agrees to indemnify and hold harmless 102Hosting from any claims resulting from the use of the service that damages the subscriber or any other party. 102Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Illegal Content
102Hosting does not allow torrent clients or trackers due to copyright issues and resource abuse. Background daemons such as IRC bots, eggdrop, BitchX, XiRCON and any other program that interferes with normal server operation are not allowed. Web proxies are also not tolerated due to resource abuse. When using an account with shell, you are not allowed to run any servers or services on the 102Hosting network. Servers are defined as perlbots, proxies, bitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than $50.00 USD, and no more than $100.00 USD. 102Hosting reserves the right to terminate an account for these activities also.
Chat Rooms
102Hosting does not provide nor allow chat rooms on shared hosting environments. You may elect for a dedicated server to run a chat room efficiently.
IRC
102Hosting does not allow IRC or IRC bots to be operated on our shared servers. They are allowed on dedicated servers provided that no negative effects occur to our network.
Security
Users are prohibited from violating or attempting to violate the security of the 102Hosting Network. Violations of system or network security may result in civil or criminal liability. 102Hosting will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Each hosting package purchased is unique to a domain name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth & space. 102Hosting will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Server Abuse
Any attempts to undermine or cause harm to a 102Hosting server or customer of 102Hosting is strictly prohibited. Any sub-networks of 102Hosting and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
User agrees to only use shared hosting services for its intended applications. Misuses include scientific/grid/distributed computing, data warehouse/backup storage, or bandwidth sinks. 102Hosting.com will be the sole arbiter to what is considered a misuse of service. User agrees to ask 102Hosting.com in the event they are unsure of their application's fitness for our shared hosting services.
Average Server Resource Limits
There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction
Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party.
Free Accounts
Free accounts that are inactive for 30 days or more will be suspended. During this time, clients may request for a backup of his or her site or to unsuspend his or her account. After 30 days of suspension, the account will be terminated and no backups can be retrieved. Inactivity consists of no bandwidth or disk space usage.
Backup Policy
102Hosting takes extreme steps to maintain system integrity. However, 102Hosting shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, 102Hosting recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All 102Hosting data backups are designed against hardware failure, not customer user error.
Actions Taken
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. 102Hosting will be the sole arbiter as to what constitutes a violation of the TOS. 102Hosting reserves the right to remove any account without prior notice.
When 102Hosting becomes aware of an alleged violation of its TOS, 102Hosting will initiate an investigation. During the investigation, 102Hosting may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, 102Hosting may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, 102Hosting will notify the appropriate law enforcement authorities of such violation.
102Hosting does not issue credits for outages incurred through service disablement resulting from TOS violations.
102Hosting customers agree to indemnify and hold harmless 102Hosting from any claims resulting from the use of our services that damages them or any other party. The 102Hosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. 102Hosting expressly disclaims any representation or warranty that the 102Hosting service will be error-free, secure or uninterrupted. No oral advice or written information given by 102Hosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. 102Hosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Modification
102Hosting takes extreme steps to maintain system integrity. However, 102Hosting shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, 102Hosting recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All 102Hosting data backups are designed against hardware failure, not customer user error.
We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam or any script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customer's account will be suspended and we will recommend to the customer to find a new host. A backup of the account(s) will be provided.
Privacy
102Hosting.com will not sell, distribute, reveal, or otherwise make available any customer information. We contribute a great amount of time and help to anti-spam organizations. Should we need to contact you directly regarding your specific account or service we will do so via email only.
New Accounts
All new web hosting accounts purchased on our order page are set up within 48 hours automatically or by our account administrators. You will receive emails including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and 102Hosting, this process may sometimes be delayed. When signing up for our service, if you save what you choose for your client area username and password, then you can resend the emails to yourself if for any reason they do not arrive.
Domain Names and Domain Transfers
In order for your domain name to point to the 102Hosting server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. That process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to our domain registrar and away from your original registrar. Most domain transfers are $8.49 and that goes toward one year of registration with our registrar, added on to your current registration period with the previous registrar.
102Hosting will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. 102Hosting does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. If you have any questions at all about DNS changes or domain names in general, please email support@102hosting.com.
Payments
All payments will be charged to an approved credit card (Visa, Mastercard, American Express) or debit card that is approved. We also accept paypal payments. Accounts 10 days past due will incurr a $10.00 USD late fee charge. We only accept credit cards, check (debit) cards, or PayPal for payment of services. Yearly plans renew automatically and payments will incur unless you submit proper cancelation of your account. In the event that your yearly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly payments will incur unless you submit proper cancelation of your account. Any debt not paid will be forwarded to a collections agency. Please address any questions regarding payment to us via our HelpDesk.
Cancellation
If you wish to cancel your services, you must file your request via our HelpDesk 5 business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month/year and hereby agree to complete payment as invoiced accordingly.
If you cancel your account and your payments still continue for any reasons such as 1) by fault of 102Hosting staff 2) by fault of the credit card processor 3) by fault of any other payment collection company we are not responsible for any overdraft fees that are issued by your financial institution.
Overage Charges
Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.
Refunds/Account Termination
If, for any reason, 102Hosting.com fails to deliver said services, a refund can be issued upon request via helpdesk 30 days after ordering. If over 30 days, no refund will be issued. An account termination request can be issued via helpdesk. The account will be suspended for 7 days then terminated. During the suspended period, a reversal of the account termination can be requested via helpdesk.
Content
102Hosting.com believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.
We prefer that you self-govern your content and remain responsible and all-knowing of your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individualy, which have growing and evolving content, is impossible. However, if 102Hosting.com is made aware of any questionable content on a 102Hosting-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a 102Hosting server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.
Liabilities
102Hosting.com makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall 102Hosting.com be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by emailing our abuse department at admin@102hosting.com.