HiTechValue Inc. Terms and ConditionsHiTechValue Inc.
HiTechValue Inc., ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of our service constitutes acceptance and agreement to Our AUP (Acceptable Use Policy) as well as Our TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of HiTechValue Inc. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition The Company shall have the right to terminate all service set forth in this Agreement.
No adult hosting is allowed, no warez, and no child pornography will be tolerated!! Anything that is legal can be hosted.
Payments and Fees:
Service will be suspended on accounts that are not paid in full by the invoice due date. Service suspended for nonpayment is subject to a $10 reconnect charge (individual hosting accounts). Accounts not paid by due date are subject to a $15.00 late fee after 3 days and $5 after each day after. Accounts that are not collectible by The Company may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
We honor all manufacturers warranties on any product that we sell. We do not offer extended warranties on any product.
Term/Termination of Web Hosting Agreement
The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE HITECHVALUE INC. TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term."
This Agreement may be terminated:
by either party by giving the other party thirty (30) days prior written notice and creating a support ticket here (subject to an early cancellation fee payable by Customer as provided below), in the event of nonpayment by Customer, by HiTechValue Inc., at any time, without notice, if, in HiTechValue Inc.'s sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer's use of the Services disrupts or, in HiTechValue Inc.'s sole and absolute discretion and/or judgment, could disrupt, HiTechValue Inc.'s business operatis, If you cancel this Agreement prior to the end of the Initial Term or any Term thereafter, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.
HiTechValue Inc. shall refund to you all pre-paid fees for basic hosting services (shared, dedicated and/or managed) for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment.
HiTechValue Inc. may terminate this Agreement
if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable.
immediately by giving written notice to Customer, if HiTechValue Inc. determines in good faith that Customer's use of the Customer Web site or the Customer Content violates any term or condition. If HiTechValue Inc. cancels this Agreement prior to the end of the Term for your breach of this Agreement and related agreements, the Customer's use of the Services disrupts, HiTechValue Inc. shall not refund to you any fees paid in advance of such cancellation and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and HiTechValue Inc. shall have the right to charge you an administrative fee of $50.00.
Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which HiTechValue Inc. may be entitled.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
New Domain Accounts:
All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 1 business day. Due to unforeseen complications, however, this process may sometimes require up to 2 business days.
Transfer of Domains:
If you select transfer domain it DOES NOT mean you will switch from your current registrar to ours. It means you will be using a domain you have registered elsewhere and will transfer the hosting services. You will keep the domain where you registered it unless you give us permission to move the domain registration to us. In that case please create a support ticket here .
The Company, provides 24 x 7 e-mail, online technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: The Company provides support related to your server or virtual site physical functioning. The Company does not offer tech support for application specific issues such as CGI programming, html or any other such issue. We encourage you to create a support ticket here for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.hitechvalue.com- we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.
SPAM and Unsolicited Commercial E-mail (UCE):
The Company takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of The Company may not use or permit others to use our network to transact in UCE. Customers of The Company may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of The Company's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, The Company will initiate an immediate investigation (within 48 hours of notification). During the investigation, The Company may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, The Company may, at its sole discretion, restrict, suspend or terminate customer's account. Further, The Company reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Company will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $50 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $100 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $75 per hour that The Company's personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
IP Address Ownership:
If The Company assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to The Company, and Customer shall have no right to use that Internet Protocol address except as permitted by The Company in its sole discretion in connection with the Services, during the term of this Agreement. The Company shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by The Company, and The Company reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. The Company will monitor Customer's bandwidth and disk usage. The Company shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in The Company's sole and absolute discretion. If The Company takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, The Company may, at its sole discretion, collect a deposit, in an amount determined by The Company, against customer's credit card on file with The Company.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of the Company's Network. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
- Taking any action in order to obtain services to which such User is not entitled.
- Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations. Each hosting package purchased is unique to a domain name and use - please do not purchase multiple "plan 1's" for instance to get the combined bandwidth & space. The Company 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.
Suspension of Service or Cancellation:
The Company reserves the right to suspend network access to any customer if in the judgment of the Company's network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which The Company chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. No chat rooms are to be used on our servers.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
The Company takes no responsibility for any material input by others and not posted to the Company's Network by The Company. The Company is not responsible for the content of any other websites linked to the Company's Network; links are provided as Internet navigation tools only. The Company disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
The Company is not responsible for any damages your business may suffer. The Company does not make implied or written warranties for any of our services. The Company denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The Company.
Responsibility for Content: You, as The Company's customer, are solely responsible for the content stored on and served by in your hosting account.