Terms Of Service HostRail.com

This Agreement is by and between HostRail.com ("HostRail") and You, your agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of HostRail services ("Services") and explains HostRail's obligations to You and Your obligations to HostRail in relation to the Services You purchase.

This Agreement as well as any additional HostRail policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and HostRail concerning Your use of HostRail's Services, and supersede and govern all prior proposals, agreements, or other communications. All HostRail policies and agreements specific to particular Service are incorporated herein and made part of this Agreement by reference. By purchasing HostRail's Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which HostRail may establish from time to time, and any agreements that HostRail is currently bound by or will be bound by in the future. You may view the latest version of this Agreement online.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with HostRail, whether or not the transactions were in Your behalf. You acknowledge that HostRail's acceptance of any application made by You for Services provided by HostRail will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices.

1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement with respect to our site and company. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to HostRail, the content, products or services provided by or through HostRail, and the subject matter of this Agreement. This Agreement may be amended at any time by HostRail from time to time without specific notice to you. The latest Agreement will be posted online, and you should review this Agreement prior to using HostRail.

2. Account Setup / Email on file
We will setup your account after we have received payment and we have screened the order(s) in the case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

3. Payment Information
You agree to supply appropriate payment for the services received from HostRail, in advance of the time period during which such services will be provided. You agree that until and unless you notify HostRail of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be submitted in writing via email at cancellations@hostrail.com. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account or service(s) has been canceled. If you cancel Your account but do not hear back from us or receive an e-mail confirming this cancellation, please contact us through other means immediately.

As a client of HostRail, it is Your responsibility to ensure that Your payment information is up to date, and that all invoices are paid on time. HostRail provides a 5 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 5 days and not paid will result in a late fee equal to 10% of the balance due on the account and/or an account suspension until You account balance has been paid in full. For every consecutive 7 days past the 5 day overdue period, an additional late fee equal to 5% of the initial balance due will accrue on Your account.

HostRail reserves the right to change the monthly payment amount and any other charges with a 30 day notification of such changes.

For refunds, please see section 9a.

4. Network Security
Customers may not use the HostRail network with an attempt to circumvent user authentication or security of any ISP, host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's Security Policy. Customers may not attempt to interfere or deny service to any ISP, user, host, or network. This includes, but is not limited to, hacking, phishing, flooding, mail bombing, or other deliberate attempts to overload or crash an ISP, host or network. To protect its network and periodically audit for malicious activity. HostRail will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with Law Enforcement Authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

5. Backup/Restores
As a courtesy, HostRail provides a backup service on shared hosting accounts. You can request our administrators to run a backup of your site or any files for a one-time charge. Although HostRail tries to ensure these backups are complete and accurate, we cannot guarantee data integrity. It is possible that a site and/or file may not be able to be restored without our knowledge. HostRail recommends that the customer periodically and frequently backup their site to their local computer. A backup may not be included with a dedicated server or VPS type plan. We recommend that dedicated server and VPS customers purchase a backup option to protect data. Your use of the service is at your sole risk. HostRail is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HostRail servers.

6. Cancellations and Refunds
HostRail reserves the right to cancel the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Cancellations must be done in writing via email at cancellations@hostrail.com. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account or service(s) has been canceled. If you cancel Your account but do not hear back from us or receive an e-mail confirming this cancellation, please contact us through other means immediately.

HostRail gives You an unconditional 30 day money back guarantee on Shared Hosting Packages and Cart System Packages for any customer who paid the first invoice with a credit card or with Paypal. For other refund questions, please refer to section 9a of this TOS.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

Bank Wire Transfers
Western Union Payments
Checks
Money orders

Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage
User may not:

Use more resources than the hosting package purchased specifies.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
Run cron entries with intervals of less than 5 minutes

7b.) INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance as specified by your hosting package. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to any of the following: 1) suspend the account until the start of the next allocation, 2) suspend the account until more bandwidth is purchased at an additional fee, 3) suspend the account until you upgrade to a higher level of package, 4) terminate the account, 5) charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to another month. To ensure uninterrupted service, we ask that you respond to all correspondence with you regarding over-usage without delay.

9a.) Money back Guarantee
Each of HostRail's shared hosting packages and cart packages carry a 30 day unconditional money back guarantee. With shared hosting packages and cart packages, if you are not completely satisfied with our services within 30 days of purchase, you will be given a full refund. This does not apply to dedicated servers, VPS, SSL certificates, administrative fees, install fees for custom software, domain name purchases, or email packages. After the 30 days of service, we reserve the right to refund at a prorated amount for shared hosting packages and cart packages, based on services not used by You.

A prorated refund may be applied for the following products: VSP packages, Dedicated Server Packages, Email Packages, and Site Maintenance. On these services, we reserve the right to refund a prorated amount or no amount.

The purchase of domain names carry a 4 day full refund. After 4 days, the purchased domain name will be charged in the full amount as ordered without the possibility for refunds. We are unable to offer refunds for domain names purchases to be owned beyond one year, as these are registered with ICANN.

We are unable to offer refunds on SSL certificates, as these are pre-registered and certificated through GeoTrust.

9b.) Uptime Guarantee
If your shared server has a physical downtime that does not maintain 100% uptime, You may receive one month's worth of credit on your account. Approval of the credit is at the discretion of HostRail and is dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact Help@hostrail.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee. This uptime guarantee dose not include routine maintenance.

10.) Reselling
All hosting accounts (including shared, VPS, dedicated and cart packages) may not resell web hosting to other people or businesses.

11.) Service Security
HostRail reserves the right to reset passwords on all services if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current password on file to prevent problems from forced password resets. HostRail reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups as the most simple solution. Please contact help@hostrail.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

12.) Price/Service Change
We reserve the right to change prices listed on hostrail.com, and the right to increase the amount of resources given to plans at any time. It is our goal to provide you with quality resources at low cost.

13.) Content
All services provided by HostRail may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply. The customer agrees to indemnify and hold harmless HostRail from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes, but is not limited to, unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@hostrail.com. Examples of unacceptable material on all Shared and Reseller servers include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

Examples of unacceptable material on Dedicated servers include:

Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@hostrail.com and we will assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

All violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

14. Spam/Commercial Advertising/Mass Mailing
HostRail EXPLICITLY FORBIDS ANY AND ALL TYPES OF MASS MAILING (SPAMMING) ON OUR SERVERS AND NETWORK. You must not use the HostRail network, HostRail equipment, HostRail servers, or any HostRail email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the HostRail network, HostRail servers, HostRail equipment or any HostRail.com email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, HostRail reserves the right to disable your domain. In addition, HostRail may impose a $100 penalty for each spam policy violation. HostRail solely reserves the right to refuse or cancel service to known spammers. HostRail reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. PLEASE REPORT ANY SPAM OR NETWORK ABUSE TO abuse@HostRail.com.

15a. Indemnification
Customer agrees that it shall defend, indemnify, save and hold HostRail harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostRail, 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 HostRail against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostRail; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from HostRail's server.

15b. Arbitration
By using any HostRail services, you agree to submit to binding arbitration. If any disputes or claims arise against HostRail or its subsidiaries, such disputes will be handled by an arbitrator of HostRail's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

16. Disclaimer
HostRail shall not be responsible for any damages your business may suffer. HostRail makes no warranties of any kind, expressed or implied for services we provide. HostRail disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by HostRail and its employees.

17. Disclosure to law enforcement
HostRail may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

18. Nontransferable
Your right to use HostRail's Services is not transferable nor assignable. Any password or right given to you to obtain information or documents is not transferable nor assignable.

19. Changes to the TOS
HostRail reserves the right to revise its policies at any time without notice.