Terms Of Use

1. Account Setup: We will set up your account after we have received payment and HostFool.com and/or our payment partner(s) have screened the order(s) to prevent fraudulent use of identity and/or Payment Method. This does not negate your obligation to provide HostFool.com complete and proper contact information including a valid email address which is not at a domain for which you are signing up.
   
    
2. Content: All services provided by us may be used only for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.
   
    
3. Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated without notice.
   
    
4. Change or Disable: We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at our sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.
   
   We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. The amount of the clean up fee is entirely at the discretion of HostFool.com. All rights reserved.
   
    
5. Payment Information: You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify HostFool.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.
   
    
6. Backups and Data Loss: You assume sole responsibility for all information maintained on our servers. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred to our servers and to maintain all appropriate backup of files and data stored on our servers.
   
    
7. Cancellation and Refunds: We reserve the right to cancel any account at any time.
   
   Customers may cancel at any time. We give you an unconditional 30-day money back guarantee on managed shared hosting, and reseller solutions. Refund requests after 30- days will be paid on a prorated basis of any unused time.
   
   Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund, or if you have opened a second account with us.
   
    
8. Resource Usage: Users may not initiate the following:
   
    
   1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
      
       
   2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
      
       
   3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
      
       
   4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
      
       
   5. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
      
       
9. Bandwidth Usage: You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account exceed the allocated amount,
   1. We reserve the right:
      • Suspend the account until the start of the next allocation.
      • Suspend the account until more bandwidth is purchased (additional fee).
      • Suspend the account until you upgrade to a Larger Plan.
      • 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.
          
           
10. Money back Guarantee: On dedicated servers and collocation, The 30-Day Money Back Guarantee will not be honored. We reserve the right to refund only a prorated amount or provide no refund at all.
    
     
11. Price Change: The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and to increase/decrease the amount of resources given to plans at any time.
    
     
    1. Previously purchased plans will not experience a decrease in resources, however they may be upgraded.
       
        
12. Indemnification: Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liability arising out of;
    
     
    1. Any injury to person or property caused by any products sold or otherwise distributed in connection with us.
       
        
    2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
       
        
    3. Copyright infringement.
       
        
    4. Any defective products sold to customers from VividHosting's server.
       
        
13. Disclaimer: We will are not be responsible for any monetary damages your business may incur. We make no warranties of any kind, expressed or implied, for services we provide. We disclaim any warranty, merchantability or fitness for a particular purpose. This includes loss of data as a result of delays, no delivery, wrong delivery, and/or any and all service interruptions caused by us and/or our employees.
    
     
14. Changes to the TOS: We reserve the right to revise any policy contained here in at any time without notice. However, no changes will be made to an existing fully-executed terms of service agreement.
    
     
15. Digital Millennium Copyright Act (DMCA)
    
     
16. Custom Web Site Agreement
    
     
17. Domain Name Dispute & Copyright Claims Policy
    
     
18. Domain Transfer Policy
    
     
19. QuickSSL Agreement
    
     
20. QuickSSL Premium Agreement
    
     
21. True BusinessID Agreement
    
     
22. 30-Day Money Back Guarantee: HostFool.com provides a 30-day money back guarantee on all of its plans. If you are dissatisfied with your service for any reason, you will receive a full refund (minus overage charges) if you cancel your account within 30-days of order.
    
    Our refund policy does not apply to any additional items or services including, but not limited to, Dedicated IP's, additional MySQL databases, Domain Registration services, SSL and Admin Time.
    
    No refunds are available after the initial 30 day period. Any request for cancellation must be received via the web, regular mail or fax, and you will receive a confirmation upon the cancellation of your account.
    
    Cancellations over the telephone and informal email will not be accepted.
    
    This 30-day money back guarantee does not apply to dedicated servers, or any fees associated with these accounts. Accounts cancelled/terminated by HostFool.com for violating our Terms of Service do not qualify for our 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.
    
    Please allow 3-4 Business days for refunds to be processed.