*Accounts purchased under a promotion, with or without a promo code, are excluded from the 30 day money back guarantee.*
HOTServers LLC ("PAKISHELL") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of PAKISHELLS Service constitutes acceptance and agreement to HOTServers LLC's AUP as well as HOTServers LLC's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of HOTServers LLC, Inc. and AUP (acceptable use policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Illinois, Cook County applicable to contracts enforceable in that state. Venue will be Cook County, Illinois
Disclosure: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition HOTServers LLC shall have the right to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that HOTServers LLC automatically charges subscriber.s credit card every month. HOTServers LLC reserves the right to process client credit cards from 5 to 10 days before the actual due date to ensure that the funds are received by the due date.
Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 1 day past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $25 late fee. Accounts that are not collectable by HOTServers LLC may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Colocation servers that are terminated for non payment will be considered abandoned and forfeited after 30 days
If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service you are entitled to a refund within 30 days. There are no refunds past the 7 day period.
Refunds are not available for .COM, .NET, .ORG or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by HOTServers LLC through other companies.
No refunds are provided for VPS or Dedicated servers under any circumstances.
No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.
Credit on your account cannot be refunded and must be used for purchases and renewals.
Dedicated servers are except from the 30 day refund. Refunds will be issued at our discretion. Setup fees are non-refundable.
Bulk Email and Blacklisting
HOTServers LLC understands that bulk email is an important mechanism for keeping people informed. However, spamming from the HOTServers LLC network, and spamvertising (unsolicited advertising of) sites hosted on the HOTServers LLC network, is prohibited. Legitimate bulk email meets the following criteria:
ALL recipients have confirmed willingness to be added to a distribution list by clicking on confirmation links or (preferably) by responding to verification emails. Distributed messages include valid headers, removal instructions, and information on the method by which the subscribed addresses were obtained.
The usage of partially confirmed recipient lists is not allowed. All bulk email senders must post privacy policies and must be clearly identified to recipients during the subscription and confirmation process. The usage of third-party distribution lists is prohibited. If HOTServers LLC approaches a client for evidence of confirmation, the request must be honored within 48 hours of the initial spam alert. Deactivation of an account or service may be required, until proof of confirmation is provided and approved. HOTServers LLC reserves the right to require termination of any services involved in the transmission of unsolicited email. If any activities lead to blacklisting, the involved client/reseller may be charged an abuse fee of $100.00.
Use of HOTServers LLC services indicates the acknowledgment that:
Users are responsible for the security of accounts, systems, passwords, etc...and will not hold HOTServers LLC liable for any loss or damages caused by exploitation or any other misuse of HOTServers LLC resources.
HOTServers LLC is not responsible for any damages, anticipated or otherwise, caused by viewing materials, links, or other content posted to systems on the local network or linked via this network. All users agree to indemnify HOTServers LLC from any claims resulting from any use of its services.
Adult content is sanctioned by applicable local and federal governments/laws. Legal adult content is permitted on all HOTServers LLC product lines. The viewing, downloading, or possession of legal adult content by HOTServers LLC users and other Internet viewers, is not governed by HOTServers LLC policy, and is left to the discretion of individuals requesting this material.
HOTServers LLC may monitor its network and audit systems for any data or activity indicating potential policy violations.
HOTServers LLC reserves the right to remove any account without prior notice. If HOTServers LLC deactivates an account due to the direct or indirect participation of users engaging in illicit activities, any rights to a refund are forfeited by the client/reseller in control of the account at the time of the violation. Furthermore, no refunds for advance payments will be granted for deactivated accounts. Critical offenses and involvement in illegal activity will negate any perceived obligation of HOTServers LLC to return data.
HOTServers LLC may, at its discretion, suspend or terminate the service of any client/reseller who is financially delinquent, abusive/harassing to HOTServers LLC personnel, or causes general disruption to the operation of the company and service of its users. Examples of such activity include, but are not limited to:
verbal or written abuse of HOTServers LLC personnel (obscene language, threats, etc.) excessive complaints or persistent disregard for alerts, warnings, and/or notices repeated reactivation of abusive users consistent errors or administrative changes causing unnecessary workload spamming HOTServers LLC email addresses, ticket systems, and/or servers frequent late or bounced payments issuing chargebacks public harassment or derogatory/false/exaggerated forum/discussion group postings.
Abuse of HOTServers LLC Systems and Resources:
Any damaging or abusive activity, whether unlawful or considered to be detrimental to the operations of HOTServers LLC resources, is a violation of this policy. Any attempt to harm equipment owned by HOTServers LLC, or hosted in its facilities, is strictly prohibited. Violations will result in legal action, to the fullest allowable extent.
Illegal Usage Restrictions
Resources provided by HOTServers LLC may be used only for lawful purposes. Examples of unlawful content include, but are not limited to:
Unlicensed hosting of, linking to, or any involvement in the transmission of copyrighted media, applications, published works, or any data protected by trade secret, without sufficient rights to engage in this activity child pornography and/or kidnapping material content deemed to be terroristic in nature material posted to incite violence violations of human and animal rights, including the display of acts of cruelty and other abuse pyramid/ponzi schemes fraudulent sites and other forms of .phishing. (emails/forms/sites used to gather personal information from unsuspecting individuals) cracking programs and/or key generators violations of import/export restrictions.
Prohibited Usage Restrictions
Malware (malicious software) and/or botnets
Automation tools, auto typers, macros and bots used to circumvent restrictions on games or other applications (e.g. RuneScape bots)
Network and systems abuse scripts
Circumvention of and/or provision of instructions to circumvent security measures
Unnecessary port scans
Threatening, harassing, or obscene content
Anonymizers/proxies without password protection and sufficient logging (including open mail proxies, anonymous web surfing proxies)
Proxy detection scripts
Unsolicited and/or mass advertising via forums, blogs, comment forms, and newsgroups
Mail bombing, email address harvesting, and/or unsolicited email (including bulk mail sent to unconfirmed recipients and individual unsolicited advertisement or link exchange requests)
HYIPs (high-yield investment programs)
Excessive overutilization of resource limits
Evasion of bans or blacklistings by changing domains/IPs
*** Links to unacceptable content are also prohibited ***
Storage, presentation, or transmission of any material in violation of any laws, or otherwise prohibited by HOTServers LLC, is cause for temporary account deactivation, server/service termination, or complete cancellation of all account services. The HOTServers LLC Abuse Dept will make an attempt to contact the involved client via email when the first sign of a possible violation is noted. This notification may occur before or after a service is disabled. Alerts are provided as a courtesy. Prompt responses to alerts are required. When an alert is sent, the designated abuse contact is responsible for acknowledging his/her understanding of the offense and providing an adequate response, to the satisfaction of HOTServers LLC, within 24 hours of the notice. Failure to sufficiently respond to an abuse alert will lead to suspension of any active services involved in abusive activity and will result in a $50.00 fee. If reactivation is warranted, all abuse fees and any outstanding service fees must be paid prior to service being reactivated. Repeated abuse and/or failure to respond to abuse alerts will result in service termination.
Note: It is extremely important to ensure that the abuse email address on record is valid and monitored at all times. This is the address used for abuse notifications and warnings. The address may be set within the client management interface.
Direct clients/resellers are fully responsible for any activity found to originate from products and/or services under their care. In any case involving unauthorized parties utilizing a HOTServers LLC service for abuse, the direct client/reseller is responsible for locating and stopping all affected applications, until the source of the problem is found and removed. HOTServers LLC may opt to disable all services until the client can perform such an investigation or the system can be secured or reinstalled. If the support of HOTServers LLC is required for the investigation, the client agrees to compensate HOTServers LLC at a rate of $75 USD/hour for such service. Reinstallations are performed at a flat-rate of $30 USD (which does not include any operating system changes or licensing costs). Direct clients/resellers are responsible for maintaining secure systems. This includes, but is not limited to:
requesting kernel updates
applying application patches
HOTServers LLC will not be responsible for securing dedicated servers, virtual private servers, user accounts/web sites, or third-party applications. Direct clients/resellers with fully managed support services, may be entitled to a higher level of support than clientele with basic management. Further details may be found in the HOTServers LLC Managed Services Definition and Backup Policy.
Resource usage should be maintained within levels outlined in product descriptions and/or service contracts. Abuse caused by users or unauthorized parties may increase resource usage and lead to overage fees. Overage fees apply to any service utilizing more than its assigned bandwidth allocation, except for services advertised/sold as "UNMETERED". Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless otherwise specified in the service agreement contract. MRTG or other bandwidth reports are available, upon request. Bandwidth is supplied from a shared pool and is not supplied as guaranteed/dedicated bandwidth, unless advertised as such specifically. Burstable usage of the UNMETERED service/port is permitted. However, a service that has heavy sustained usage may have its port capped and the client/reseller associated with the service may be required to upgrade to a dedicated service plan. UNMETERED service is supplied on a "best-effort" basis, which may result in some slowdowns during peak traffic periods. Should a client/reseller utilize or require large amounts of bandwidth, beyond the standard bandwidth allocation, HOTServers LLC may require a deposit.
Basic Dedicated & Co-Located servers are installed on 100MBPS unthrottled ports, unless service is sold with a specified port size (ie. 10MBPS UNMETERED) or specified/requested as a .capped. port. HOTServers LLC reserves the right to monitor network usage and throttle the available speed (if a service significantly exceeds average usage) to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage, but will include, and not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If, at any time, a client's or reseller's data transfer rate affects other HOTServers LLC clientele, HOTServers LLC reserves the right to throttle and/or disconnect the service at the source of the problem.
HOTServers LLC reserves the right to block, filter, or throttle ports and/or IP address ranges. For example, this may include blocking Port 6667 (IRC), denying access from a known spammer.s IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, eDonkey, etc...). This may also include prioritization of certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.