Terms Of Use


Agreeing to these Terms Of Use means you also agree to our Acceptable Use Policy found HERE

Agreeing to these Terms Of Use means you also agree to our Affiliate Agreement if you become an Affiliate found HERE


Hozta.com provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Hozta.com are subject to the following terms of service:


Indemnification Policy

You agree to use all Hozta.com services and facilities at your own risk. Hozta.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Hozta.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Hozta.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Hozta.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Hozta.com against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Hozta.com's server.

Hozta.com reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Hozta.com's server. Hozta.com shall be the sole judge of what violates this Policy.


Money Back Guarantee:

We offer every NEW client a 30 day, no questions ask (OK, we may ask you why you canceled so we can better our service), money back guarantee. If you are not 100% completely satisfied with our service, just submit a support ticket to the Billing department and ask for your money back (Domain Name registration fee, SEO, Logo/Banner Design, Website Design, and any other services we offer other than hosting are all non refundable). You must be a NEW client that has never hosted with Hozta.com before.

If you received a free domain with your hosting purchase, and you request a refund within your first 30 days, the domain belongs to Hozta.com unless you request that we take $12.99 out of the refund due to you. If you request that, the domain will belong to you and you can point it or transfer it to any other hosting company.

** Canceling your service within 30 days of joining does not cause an automatic refund. You must request your refund within the first 30 days, before, during, or after cancelation in order to receive the refund. This is to prevent an overload on our staff.


Billing:

At this time we bill monthly, annually, bi-annually, and tri-annually depending upon your choice. We accept Visa, Master Card, American Express, Discover Card through both 2Checkout and PayPal. You can also pay using your PayPal account balance. Their are no contracts but for each successive payment period, your considered in a term (depending on your billing cycle) and it's automatically renewed unless we are notified at least 5 days or more prior to your renewal to cancel your billing and account.


Late Payments:

All accounts are billed according to the dates they were first activated on. If you have not paid for service renewal 5 days past the due date, your account will be suspended. If you have not paid for service renewal 30 days after being suspended, your account will be terminated and all files, databases, and domains will be deleted from our servers. You will receive an email reminder before your renewal date.


Hozta.com Account

Hozta.com will host an account for You corresponding with the purchaed, leased or provided domain name(s) and for the period of time corresponding with the payment plan chosen by You. The contract will automatically renew at the end of The Term unless otherwise specified by You. Once the account cancellation request is received and we process the request as per the account holders consent, the agreement between You and Hozta.com is officially terminated. We reserve the right to remove the account from the web server at any time thereafter. Hozta.com will NOT host the site for any time period left once the cancellation request has been received and processed. It is Your responsibility to make sure that You and Your respective clients have access to all their files and relevant data before initiating the cancellation request. Hozta.com shall not be responsible for any loss of data once the account recurring billing has been cancelled.


Acceptable Use Policy:

All services provided by Hozta.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Hozta.com and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Hozta.com servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

You agree not to engage in unacceptable use of any of Hozta.com products and/or services, which includes, without limitation, use of Hozta.com products and/or services to: (i) disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email or unreasonably large volumes of email on a daily basis, provided, Hozta.com, in its sole discretion, may permit You, if You have a legitimate purpose and after written request, to send more email than Hozta.com's standard SMTP relay limit; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) engage in any other activity deemed by Hozta.com to be in conflict with the spirit or intent of this Agreement or any Hozta.com policy; or (ix) use Your server as an "open relay" or similar purposes. This includes but is not limited to pirated software, hacking programs or archives, warez and mp3 sites and IRC bots. Hozta.com is the sole arbiter as to what constitutes a violation of this provision.

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 e-mail or a newsgroup posting.

It is a violation for anyone to employ posts or programs which consume excessive CPU time or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the user's own account; or resell access to CGI scripts installed on our servers. Hozta.com prohibits the running of a public recursive DNS service on any Hozta.com server. All recursive DNS servers must be secured to allow only internet network access or a limited set of IP addresses. Hozta.com actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.

You are responsible for ensuring that there is no excessive overloading of Hozta.com's DNS system or servers. In the event that You exceed your allotted bandwidth and thereby overload Hozta.com's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Hozta.com's servers and Your Server Account as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Hozta.com reserves the right to immediately remove sites that contain information about hacking or links to such information. Use of your server account as an anonymous gateway is prohibited, as is Your use of Hozta.com products and/or services to restrict or inhibit any other user from using and enjoying the Internet. You acknowledge and agree that Hozta.com has the right to remove Your server content temporarily or permanently from its dedicated servers if Hozta.com is the recipient of activities that threaten the stability of its network.

You agree not to provide free services such as free hosting, free subdomains or free email accounts. Account holders found violating this section will be terminated immediately and all payments forfeited.

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.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.


Account Use:

You agree to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. You are responsible for security of your password. Hozta.com will not change passwords to any account without proof of identification, which is satisfactory to Hozta.com, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Hozta.com will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Hozta.com be liable for any losses incurred by You during this time of determination of ownership, or otherwise. The You agree to indemnify and hold harmless Hozta.com from any and all claims arising from such ownership disputes.


Safe Use:

You agree not to harm Hozta.com, its reputation, computer systems, programming and/or other persons using Hozta.com.com's services. Hozta.com.com reserves the right to select the server for Account Holder's website for best performance. You understand that the services provided by Hozta.com are provided on a shared server. In order to keep our servers running at optimal levels, any sites running a process that uses more than 25% of all available system resources for 60 seconds or longer will be required to move up to VPS Hosting or Dedicated Server solution, or to be hosted elsewhere. This upgrade may result in an automatic upgrade to a higher-level pricing plan corresponding with the elevated use requirements. Alternatively, Hozta.com reserves the right to suspend services on that specific account until the higher usage may be accommodated. A failure by You to agree to and comply with the terms of this provision may result in the termination of the services provided to You without any refunds of the unused prepaid portion of the fees.


Third Party Content:

If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. Hozta.com has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Hozta.com policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all domain transfers, renewal and orders. In the event that an error occurs the account holder must notify Hozta.com immediately of the error. In no event shall Hozta.com.com be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.


STORAGE AND SECURITY:

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Hozta.com servers; and (iv) ensure the confidentiality of Your password. Hozta.com's servers are not an archive and Hozta.com shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Hozta.com are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Hozta.com shall have no liability to You or any other person for Your use of Hozta.com products and/or services in violation of these terms.


NON-EXCLUSIVE LICENSE:

If You have licensed software from Hozta.com, Hozta.com grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

Hozta.com reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of Hozta.com. The source code and its organization are the exclusive property of Hozta.com and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by Hozta.com.

Any such software and services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.


LIMITATION OF LIABILITY:

Hozta.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Hozta.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, Hozta.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Hozta.com servers. All damages shall be limited to the immediate termination of service.


DISCLAIMER:

Hozta.com cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Hozta.com are resold. Thus, certain equipment, routing, software, and programming used by Hozta.com are not directly owned or written by Hozta.com. Moreover, Hozta.com holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Hozta.com sees fit. FURTHERMORE, Hozta.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.



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