This Web Hosting Agreement (this "Agreement") is between HaBangNet,a Corporation formed under the laws of Hong Kong (HaBangNet) and the person (individual or legal person) whose signs HaBangNet's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of HaBangNet's Web hosting service..
Subject to the terms of this Agreement, and contingent on Customer's satisfaction of HaBangNet's credit approval requirements, HaBangNet agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that HaBangNet generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless HaBangNet or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."
Renewal notices are emailed 7 days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged on the day your renewal notice is sent. (ie. Your renew date is May 22nd, your invoice will be sent on May 20th and your card on file will be charged May 20th) If your billing method is paypal you will need to manually pay your invoice every month. Service will be made inactive on accounts that are not paid by the due date at 12 PM EST. An account means all hosting services provided to you. HaBangNet reserves the right to revoke this grace period if a pattern of late payment is observed or if your payment method is listed as other. All orders made with a credit card are expected to work on the monthly renewal date each month. If the card declines then the customer is subject to a $10 one time fee on top of the monthly renewal price. Any accounts made inactive for non-payment is subject to a $20.00 late payment fee.
When an order is placed with a credit/debit card, your card is stored on file and will automatically be charged every month on the date your renewal notice is sent (two days before your actual renewal date). For security purposes your address on file with us must match the address of your credit/debit card. If this address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is declined due to the address this transaction might show up as a pending charge but will not be processed through. If you have a debit card on file and the transaction is declined due to the address your bank will pull the money out of your account but this money will be refunded back to your account by your bank. It is recommended to always store a credit card on file instead of a debit card.
All customers exceeding their bandwidth allowance will be sent invoices due upon receipt each month. All customers are responsible for monitoring transfer or bandwidth usage each month. Bandwidth overages are charged at $2.00 per each GB used over the allowed limit of the package. Customers have the option before their bandwidth billing cycle ends to upgrade per our a la carte upgrade option. Once your plan is upgraded you can not request a downgrade of the same plan for at least one month.
At HaBangNet's request Customer shall remit to HaBangNet all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on HaBangNet, regardless of whether HaBangNet fails to collect the tax at the time the related services are provided.
All new HaBangNet Customers are eligible for a 30 day no hassle money back guarantee on all hosting packages excluding Dedicated Servers. A new customer is one who has never purchased a hosting package from HaBangNet in the past. Also if a customer purchases a 2nd, 3rd, etc. hosting package and wishes to cancel this particular package they are not eligible for a refund. Domain purchases are not eligible for a refund. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee. If the TOS/AUP agreed upon when ordering is violated this also makes you ineligible for the 30 day money back guarantee.
Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event HaBangNet terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for HaBangNet breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer also acknowledges that a minimum of 7 days cancellation notice or downgrade of current package prior to the following renewal term must be given in writing to HaBangNet or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:
We do not offer a 30 day money back guarantee on Dedicated Servers.
Renewal notices are emailed 10 days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged 3 days before your renewal date. (ie. Your renew date is May 20th, your invoice will be sent on May 10th and your card on file will be charged May 17th) If your billing method is paypal you will need to manually pay your invoice every month by the due date at 12 PM GMT.
All renewals made with a credit card are expected to work on the day your card is charged. If the card declines then the customer is subject to a $10 one time fee on top of the monthly renewal price.
In the event you fail to pay your invoice by the due date, we reserve the right to suspend your entire account and a late fee of $35 applies. An account is defined as all services being used by the customer such as VPS hosting, etc. If your invoice is still not paid by the 3rd day from the due date on the invoice, we reserve the right to terminate your service entirely and reformat your server.
Customer acknowledges that a minimum of 14 days cancellation notice prior to the following renewal term must be given in writing to HaBangNet or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:
Customer agrees to use the service in compliance with applicable law and HaBangNet's Acceptable Use Policy posted at aup.html (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that HaBangNet may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of HaBangNet's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with HaBangNet's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between HaBangNet and Customer regarding the interpretation of the AUP, HaBangNet's commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to HaBangNet that the information he, she or it has provided and will provide to HaBangNet for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to HaBangNet that he or she is at least 18 years of age. HaBangNet may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless HaBangNet, HaBangNet's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
HABANGNET DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW HABANGNET DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF HABANGNET AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
Customer agrees that HaBangNet may suspend services to Customer without notice and without liability if: (i) HaBangNet reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) HaBangNet reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay HaBangNet's reasonable reinstatement fee if service is re-instituted following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if HaBangNet fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by HaBangNet prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from HaBangNet describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
HaBangNet provides Users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in HaBangNet's web pages describing the package of Services purchased at the time of purchase. In some cases, HaBangNet may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. HaBangNet reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by HaBangNet for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by HaBangNet as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with HaBangNet.
Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, image or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
HaBangNet will monitor User's use of bandwidth, disk usage and other resources. HaBangNet, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in HaBangNet's sole and absolute discretion.
If HaBangNet takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States (or, if User is outside the United States, to points outside the User's national jurisdiction) in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If HaBangNet learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, HaBangNet may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail.
User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. HaBangNet will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but HaBangNet does not take responsibility if e-mail notification(s) is not received by the User. HaBangNet reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.
In addition to the applicable terms and conditions contained herein:
If User signs up to register and park a domain name with HaBangNet, All domain name renewal fees are due at time of invoice, before the renewal date of the domain name. Payments are non-refundable. If for any reason HaBangNet is unable to charge User's payment method for the full amount owed HaBangNet for the service provided, or if HaBangNet is charged a penalty for any fee it previously charged to Your payment method, User agrees that HaBangNet may pursue all available remedies in order to obtain payment. User agrees that among the remedies HaBangNet may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to User of User's service. iPage reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, User service issues that cannot be handled over e-mail but require personal service, and disputes that require legal services. These charges will be billed to the payment method we have on file for User.
User agrees to be responsible for notifying HaBangNet should User desire to terminate use of any of the Parked Page Services, including, but not limited to, those purchased. Notification of User's intent to terminate must be provided to HaBangNet no earlier than thirty (30) days prior to User's billing date but no later than ten (10) days prior to the billing date. In the absence of notification from User, HaBangNet will automatically continue the Parked Page Services indefinitely and will charge User's payment method that is on file with HaBangNet, at HaBangNet's then current rates. It is User's responsibility to keep their payment method information current, which includes the expiration date if using a credit card. In the event User terminates the Parked Page Services, moving their Web site off of the HaBangNet hosting servers is User's responsibility. HaBangNet will not transfer or FTP such Web site to another provider. Any change by User of their name-server is not deemed cancellation of the Parked Page Services.
HaBangNet will provide User with the Parked Page Services as long as User abides by the terms and conditions set forth herein and in each of HaBangNet's policies and procedures.
By using any of the Parked Pages Services, User agrees that HaBangNet may point the domain name or DNS to one of HaBangNet's or HaBangNet's affiliates web pages, and that they may place advertising on User's web page and that HaBangNet specifically reserves this right. User shall have no right to any compensation and shall not be entitled and shall have no right to receive any funds related to the monetization of User's Parked Pages.
User agrees to indemnify and hold harmless HaBangNet for any complications arising out of use of the Parked Page Services, including, but not limited to, actions HaBangNet chooses to take to remedy User's improper or illegal use of a Web site hosted by HaBangNet. User agrees it is not be entitled to a refund of any fees paid to HaBangNet if, for any reason, HaBangNet takes corrective action with respect to any improper or illegal use of the Parked Page Services.
If a dispute arises as a result of one or more of User's Parked Pages, User will indemnify, defend and hold HaBangNet harmless for damages arising out of such dispute. User also agrees that if HaBangNet is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Web site hosted by HaBangNet, that HaBangNet, in its sole discretion, may take whatever action HaBangNet deems necessary regarding further modification, assignment of and/or control of the Web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
Auto-installer automates the installation of a given open source application. Users are free to install open source applications independently of Auto-installer by following the instructions provided by HaBangNet or the organization that developed the open source application. When a User uses an open source application, the User licenses it from the open source provider, not from HaBangNet.
We do not provide support for the application once the application has been successfully installed; we provide support only for the installation or upgrade process. Any support requests regarding actual use of the application must be directed to the organization or HaBangNet that developed the application.
The User is responsible for creating back-ups before upgrading to the next version. We can not guarantee that the version we currently provide is the latest one being distributed by the vendor. Any security risks including, but not limited to, hacking, phishing and information piracy are the sole responsibility of the User. We reserve the right to discontinue applications managed by InstallCentral at any time.
Auto-installer Scripts applications are installed at the User's own risk. We can not be held liable for lost data or damage caused by open source applications provided through Auto-installer scripts.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee and you are responsible to pay for any overage.
HaBangNet is not a domain registrar. We are a reseller for Enom so all HaBangNet customers who purchase a domain or transfer a domain to us are bound by the terms and conditions set forth by Enom. You can only purchase a domain from HaBangNet or transfer a domain to HaBangNet at the time when you are purchasing a hosting package. Domain purchases as well as domain transfers are billed at $9.95/year. You have the option to add privacy protection to your domain at $5.00/year. You will receive notice from HaBangNet once your domain is up for renewal. If you do not renew your domain by the expiration date you run the risk of loosing your domain. If you choose to cancel your hosting plan with HaBangNet or fail to pay your renewal we will not be renewing your domain past the cancellation date of your hosting plan. We are not responsible for domains that expire if you no longer have an active hosting plan.
Customer agrees that HaBangNet may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that HaBangNet believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Customer agrees to maintain a current copy of all content hosted by HaBangNet notwithstanding any agreement by HaBangNet to provide back up services.
During any service term, customer may request up to two free rebuilds for a control panel change and one free rebuild/restore for any reason of choice. If a customer should need to request a rebuild/restore after this a $10 one time fee will be enforced.
Upgrades and other changes in HaBangNet's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. HaBangNet reserves the right to change its network in its commercially reasonable discretion, and HaBangNet shall not be liable for any resulting harm to Customer.
Notices to HaBangNet under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
HaBangNet shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond HaBangNet's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.