Terms of Service

PLEASE READ THE TERMS OF SERVICE CAREFULLY!

These Terms of Service constitute a binding agreement between you, the customer or end user, and HostMetro. All users of HostMetro's services, and all customers upon signing up for said services, agree to comply with the Terms of service. These Terms of Service are set to ensure customers are using HostMetro's services with due regard to the rights of other Internet users and in conformity with the requirements of HostMetro's network environment. The Terms of Service are not exhaustive and HostMetro reserves the right to add, delete, or modify any provision of these Terms of Service at any time without notice, effective upon the posting of the modified Terms of Service to www.hostmetro.com. Any complaints about a customer's violation of the Terms of Service should be sent to abuse@HostMetro.com. Except when expressly agreed to the contrary in writing by an authorized representative of HostMetro, these Terms of Service supersede any other agreement with HostMetro, whether written, oral, by conduct, or otherwise.

When you agree to these Terms of Service you also agree to our BILLING POLICY as well as our LEGAL TERMS which can be found by clicking on each link.

WEBSITE CONTENT

HostMetro customers are solely responsible for their own website content. It is your responsibility to ensure that all scripts, programs, or any other files installed under your account are secure and that all permissions are set properly, regardless of how they are installed. Users are responsible for any and all actions done on their hosting account.

HostMetro services may not be used to infringe upon any copyrighted or trademarked material. This includes, but is not limited to, the unauthorized copying or sharing of music, written works, images, or any other copyrighted works. If it is found that an account is hosting trademarked materials, the account will immediately be terminated without refund. If an account is hosting copyrighted material without authorization, the copyrighted content will be removed and account may be suspended. If an account repeatedly violates copyright laws then the account will be terminated without refund. Please email abuse@hostmetro.com if you believe a website is hosting your copyrighted or trademarked material without authorization.

HostMetro hosting accounts may not be used as backup or storage space. We highly recommend that all account backups be downloaded and stored in a location other than the hosting account. In the rare event that a hard drive fails and web hosting files are lost, backup files will also be lost if stored on the same hard drive.

>Examples of unacceptable material hosted on HostMetro servers include: IRC scripts, proxy scripts, warez, nulled/unlicensed software scripts, IP scanners, bruteforce programs, spam scripts, mirror scripts, commercial audio streaming, sale of any controlled substance, gambling/gaming websites, fraudulent sites, live audio/video streaming, image hosting, etc.

HostMetro servers may be used for lawful purposes only. We may monitor our servers for lawful purposes, including to ensure that account and information use is authorized, to protect against unauthorized access, and to verify account and server security. During server monitoring, information may be examined, recorded, copied, and used for authorized purposes.

We reserve the right to refuse service to anyone, for any reason. Any material that, in our judgment, is illegal, threatening, or violates the terms of service in any way may be removed from our servers with or without prior notice.

FREE WEBSITE TRANSFER

HostMetro offers one free account transfer for every new hosting customer. Please visit our Transfer Terms page for full details and restrictions.

SPAMMING

HostMetro has a zero tolerance spam policy. Any account found to be sending unsolicited email, bulk email, or any other form of spam, will result in immediate account termination with or without notice. Purchasing and using emailing lists or selling of lists will constitute as email spamming.

We reserve the right to disable any website, database, files, or any other account feature that is found to not comply with our spam policies, with or without notice. In the event that a HostMetro server is blacklisted due to a hosting account sending spam email, any charges for blacklist removal will be charged to the owner of the hosting account.

BACKUPS

Customers are ultimately responsible for backing up their own website content. HostMetro offers backup services as a courtesy, and we can not guarantee that we will have a backup of your hosting account stored on our servers. Our backup service runs once a week and overwrites any previous backup we have. We only backup accounts that are under 1GB of total space, and do not keep any backups on file of accounts larger than 1GB. You agree to take full responsibility to maintain all backups of your hosting files and data stored on our servers.

RESOURCE USAGE

All hosting accounts will have set initial quotas for disk space and bandwidth. These quotas are large enough that over 95% of customers will not reach them. In the event that you reach your disk space or bandwidth quota simply contact our support team and more resources will be allocated to your hosting account. In order for more resources to be allocated you must currently be using over 90% of the current resources, and the account must comply with our terms of service in order for more to be given.

Your hosting account is not intended for file storage or sharing. If the total amount of files not used for normal website operation (emails, backup files, etc.) is greater than 15% of the hosting space then an increase can not be given. Our servers are configured to be optimized for website operation and not for backup storage of files or emails.

Our servers are not intended to be used for heavy video, music, or other multimedia storage/streaming. All hosting accounts have a limit of 2GB of multimedia storage. This includes movie/video files, music files, and image files. In the event that a hosting account includes more than 2GB of multimedia storage we will not be able to increase disk space.

Backup files are intended to be stored on a location other than the server where the website is hosted. In the event that a large amount of disk space is being used for email storage we may require that emails be downloaded to a third party program (Mozilla Thunderbird, Windows Live Mail, MacMail, etc) before increasing space.

HostMetro accounts are limited to 200,000 inodes. In the event that an account is using over 200,000, the account owner may be warned about the account usage, and if no action is taken the account may be suspended. Every file on the hosting account (webpage, email, image, etc) constitutes 1 inode.

Hosting accounts may not use 10% or more of system resources (CPU, memory) for longer than 90 seconds. If an account is found to exceed this amount the process may be killed or account suspended without notice. Activities that may cause such issues include: FTP, PHP scripts, CTI scripts, etc.

No refunds will be given on accounts that are suspended due to issues with resource usage. We will be happy to work with you to ensure that your account and website run effectively on our servers, but we do not provide refunds for accounts that are found to be exceeding our resource limitations.

UPTIME GUARANTEE

HostMetro guarantees a 99.9% network and web server uptime. This is calculated over any given 12 month period. The uptime of the server is reported by Nagios Server Monitoring and this calculates the uptime of the operating system and Apache web server. This guarantee does not include areas in which HostMetro has no direct influence including, but not limited to, backbone provider failures, DNS issues, denial of service attacks, connection issues between the client and our servers, etc. In the event that we do not meet the 99.9% uptime guarantee 1 additional month of hosting will be credited toward a hosting account. To request the additional hosting credit please email support@HostMetro.com with justification.

INTERNATIONAL DOMAIN REGISTRATION

HostMetro offers numerous international domain names for customer to register. ICANN regulation states that any customer of an international domain name MUST include WhoIs information with an address that is within that country. If an international domain name is registered and you do not have an address within that country the domain name may be suspended by ICANN. In the event that a domain is suspended for this reason there will be no refund on the registration.

For example: If you register a .de domain you MUST have an address in Germany to attach to that registration. If you do not the domain name may be suspended.

PREMIUM DOMAIN NAMES

Certain new TLDs may be flagged by our registrar as "Premium Domain Names." These domain names may have unique pricing based on various criteria passed down by our registrar. We do our best to filter out these domain names from showing as being available, but in certain cases they may pass our whois check. When this is the case, we will contact you letting you know that the domain is considered a Premium Domain Name and can not be registered.

DOMAIN NAME TRANSFERS

Per ICANN's requirements, transferring a domain name will extend the registration of that domain name for an additional year. Any and all fees associated with this domain name registration extension are your responsibility. Upon successful domain registration transfer to HostMetro.com, you remain the registrant of the domain name. You will be able to manage your domain name through the HostMetro account manager.

Domain names can fail to transfer to HostMetro. HostMetro is in no way liable for any interruption of service as a result of domain transfer failure, including the domain name's failure to renew. Reasons why a domain name may fail to transfer include, but are not limited to:

  • The domain name is expired
  • The domain name is locked
  • The original registration happened less than 60 days prior to the transfer request
  • The current registrar rejected the transfer
  • The WhoIs Administrative Contact never responded to the transfer verification email

Every domain registrar has their own rules for transferring domain names. In the event you want to transfer a domain name from HostMetro to a different registrar, you must contact the gaining registrar for their exact steps and rules for transfer. HostMetro is in no way liable for any domain name's unsuccessful transfer to another registrar. It is the customer's responsibility alone to correctly and completely follow all steps for transferring a domain name.

HostMetro cannot release a domain name if any of the following conditions are met:

  • The domain name is expired
  • The domain name is within 7 days of expiration
  • The domain name was registered less than 60 days ago
  • The domain name was renewed less than 60 days ago

HostMetro's DNS department is only available Monday through Friday, during regular business hours (Central Standard Time.) Any and all requests, including EPP code requests, received by HostMetro outside of these hours will be placed in queue until the DNS department's regular hours of operation.

You are responsible for updating your domain's registrar or disabling domain privacy 60 days before your domain expires.

Due to ICANN's new policy, changing the email address on file with the registrar will lock the domain for 60 days.

Following that 60-day period, the domain will be unlocked and eligible for transfer, at which point HostMetro will release the EPP/authorization code and complete the transfer.

If you need to change your email address on file with the registrar to regain access to your account, please be aware that HostMetro is not responsible for the 60-day lock on the domain, the expiration of the domain during that period, or any redemption status of the domain that follows.

SEARCH ENGINE OPTIMIZATION SERVICES

HostMetro agrees to provide you with SEO services as described on the relevant SEO pages. SEO services are intended to provide the customer with the increased chance of better positioning on search engines. These services include keyword research to select appropriate, relevant search results, search engine submission to Google, Yahoo, and Bing, and consultation explaining to the customer where they can better their website in an attempt to increase search engine ranking.

HostMetro has no control over search engine policies and can not guarantee any SEO work we do will result in higher rankings in search engines. Your website may be excluded from any/all search engines for any reason at the sole discretion of the search engine. Search engines can take months to update website listings. There is no guarantee that the SEO services provided will result in better rankings.

HOSTMETRO IS NOT RESPONSIBLE FOR CHANGES MADE TO THE CUSTOMER'S WEBSITE(S) THAT ADVERSELY AFFECT SEARCH ENGINE RANKING. HOSTMETRO MAKES NO GUARANTEES, EXPRESSED OR IMPLIED, THAT SEARCH ENGINE OPTIMIZATION SERVICES WILL RESULT IN INCREASED RANKING. WE MAKE NO PROMISE OF SPECIFIC PLACEMENT FOR KEYWORDS OR PHRASES.

DISCLAIMER

All services provided by HostMetro are provided to the customer "as is" with no warranty or condition of any kind, either expressed or implied. HostMetro makes no representations or warranties that the services will (a) meet your requirements, or (b) the services will be uninterrupted, timely, secure, or error free. HostMetro will not be held liable for any damages or losses a customer's business may suffer. HostMetro is not responsible for any reimbursement for losses of income due to disruption of services.

INDEMNIFICATION

HostMetro customers agree to protect, defend, hold harmless, and indemnify HostMetro, any third party entity related to HostMetro (including, without limitation, third party vendors), and HostMetro executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of HostMetro services.

GOVERNING LAW AND SERVERABILITY

The Terms of Service, and any other agreement for HostMetro services, will be governed by and construed in accordance with the laws of the State of Illinois, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and HostMetro will take place in Illinois, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the Terms of Service or any other HostMetro agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the Terms of Service or the agreement will continue in full force and effect.

THESE TERMS MAY CHANGE

We reserve the right to revise or change any portion of the terms at any time without advanced notice. Any changes will be effective upon posting the revisions to this website. The most current version of our terms will always be located on this page. Your continued use of our hosting following the posting of any changes will constitute your acceptance of said changes. If you do not agree to the changes made to the terms, please immediately terminate your account

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