Terms of Services
Posted by Annabel J on 13 July 2015 05:31 AM
Terms of Service
Last Updated: 12/12/2012
The following list of terms and conditions apply to the Money-Back Guarantee Program:
Accounts that are cancelled or terminated for violation of our Acceptable Usage Policy will not qualify for our Anytime Money Back Guarantee program. Example: an account closed for spamming or abusing server resources will not qualify for our money back guarantee.
Any Hostlatte promotions that offer free services / add-ons are not qualified for Hostlatte Anytime Money Back Guarantee! This includes any plans that offer FREE Domains. Hostlatte may offer your money back minus the cost of these free services, please contact Hostlatte Support for more information.
Hostlatte agrees to furnish services to the client, subject to the following TOS (Terms of Service).
Use of Hostlatte Service constitutes acceptance and agreement to Hostlatte Acceptable Usage Policy (AUP), and Hostlatte Terms of Service (TOS).
This Agreement shall be construed in all respects in accordance with the laws of the state of California.
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Client agrees that Hostlatte may disclose any and all Client 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 Client. In addition Hostlatte shall have the right to terminate all service set forth in this Agreement.
We absolute do not allow: File hosting, mass emailing, newsletters, torrent type programs (Torrent flux), Free Web hosting Services and any activities that may hog server resources. Your web hosting account should be used for web hosting purposes only, if you plan on storing backups/files or running a backup service we highly suggest you look at our VPS services.
Hostlatte provide email hosting only for personal usage, we require you to not use any mail functions that may send out mass emails to your clients! Any violation will have your account suspended / terminate without any notice!
Hostlatte reserves the right to deny clients the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the customerâ€™s services or their entire account with Hostlatte.
Payment for services must be received by Hostlatte prior to the end of the second day! Accounts that are cancelled or terminated for violation of our Acceptable Usage Policy will not qualify for our Amytime Money Back Guarantee program. Example: an account closed for spamming or abusing server resources will not qualify for our money back guarantee.
Payments and Fees: Service will be interrupted on accounts that reach 1 day past due. Service interrupted for any reason including nonpayment, abuse, or requested cancellation is subject to a $1.00 late fee. Hostlatte highly recommend you to subscribe payments, to ensure you don't get charged the late fee.
Hostlatte, Inc. does not utilize paper or hard-copy invoices. All invoices are sent via email. To view your invoices please use your Hostlatte Hosting Control Panel.
Refund and Disputes: All payments to Hostlatte, Inc., are nonrefundable. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Hostlatte, Inc.â€™s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Hostlatte, Inc. an "Administrative Fee" of not less than $35 and not more than $80. Subscription PayPal payments that are not cancelled at the time of your Hostlatte cancellation will be refunded less any fees and the subscription payment will be cancelled by Hostlatte.
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Hostlatte and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that Hostlatte shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Hostlatte. Client further acknowledges that Hostlatte liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Hostlatte be liable for any special or consequential damages, loss, or injury. Hostlatte recommend you to back up your own sites, we can not 100% guarantee your backup will work.
Support Boundaries: Hostlatte, provides 24/7 technical support to our Clients. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Hostlatte provides support related to your server or functioning. Hostlatte does not offer tech support for application specific issues such as CGI programming, html or any other such issue. Hostlatte does not provide technical support for YOUR Clients. We encourage you to email support or utilize the online ticket system for assistance. Any request of technical support warrants the possibility of being charge a system administration fee if the request related to Operating System functionality, software application functionality, or Control Panel functionality. If a staff member of Hostlatte is required to login to your server to provide support, system administration fees can be applied to your account
SPAM and Unsolicited Commercial Email (UCE): Hostlatte takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of Hostlatte may not use or permit others to use our network to transact in UCE. Clients of Hostlatte 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 with no refund.
Violation of Hostlatte SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Hostlatte will initiate an immediate investigation (within 48 hours of notification). During the investigation, Hostlatte may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Hostlatte may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Hostlatte reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Hostlatte 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 $5 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $15 and immediate suspension of your account. Users who violate this policy agree that in addition to these "Administrative" penalties.
As our Clients are ultimately responsible for the actions of their clients over the Hostlatte network, it is advisable that Clients develop a similar, or stricter, policy for their clients.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the Hostlatte Network. Violations of system or network security may result in civil or criminal liability. Hostlatte 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 newsgroup posting
Taking any action in order to obtain services to which such User is not entitled.
Addition of IP addresses that have not been specifically assigned to the server
Notification of Violation: Hostlatte is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
Hostlatte takes no responsibility for any material input by others and not posted to the Hostlatte Network by Hostlatte. Hostlatte is not responsible for the content of any other web sites linked to the Hostlatte Network; links are provided as Internet navigation tools only. Hostlatte 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.
Hostlatte is not responsible for any damages your business may suffer. Hostlatte does not make implied or written warranties for any of our services. Hostlatte 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 Hostlatte.
Responsibility for Content: You, as Hostlatteâ€™s customer, are solely responsible for the content stored on and served by your Hostlatte server. You are also recommended to do your own back up and not rely on our backup servers, its good practice to make your own back up just in case anything happens.
We reserve the right to terminate any of your customers account if we find any illegal material or activities that break our TOS. If you have any questions on what you may host please open a support ticket.