Your use of services provided by Host Medal constitutes your acknowledgement and agreement to these Terms of Service.
In order to use our services, you will have to create an account. Your account information must be always accurate, current, and complete. You are responsible for your account security. You are fully responsible for all activities that occur on your account, whether authorized by you or not. You must notify Host Medal immediately of any breach of security or unauthorized use of your account. You may be liable for any loss Host Medal or others incur caused by your account.
Violation of any of these Terms of Service may lead to suspension or termination of your account.
2. Rules of Use
You acknowledge and agree that:
a. Your use of services will comply with these Terms of Service and all applicable laws.
b. You will not use the services in a manner that:
i. Is illegal, or promotes illegal activity;
ii. Promotes or engages in hate speech, hate crime, or terrorism;
iii. Promotes or engages in defamatory, harassing, abusive, or otherwise objectionable behavior.
iv. Promotes or engages in spam, bulk email, or unsolicited email;
v. Promotes or engages in computer or network hacking or cracking;
vi. Promotes or engages in child pornography or children exploitation;
vii. Infringes on another entity’s intellectual property or privacy rights;
ix. Interferes with the operations of Host Medal’s websites or networks or another entity’s networks. We reserve the right to review and monitor all activities and materials on our system to maintain security and management.
c. You will not resell Host Medal’s services without written permission.
d. You will back up all of your content so that you can access and use it when needed. Host Medal does not warrant that it backs up any account or content. You agree to accept as a risk the loss of any and all of your content.
e. You will provide government-issued photo identification and/or credit card scans as required for verification when requested.
f. Host Medal reserves the right to decide if a material is objectionable, illegal, or violates our Terms of Service that may cause your account to be suspended or terminated, at our sole discretion with or without notice.
3. Resource Usage
Your account cannot:
a. Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems, including without limitation CGI scripts, FTP, PHP, and HTTP.
c. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d. Run any software that engages in or interfaces with an IRC (Internet Relay Chat) network.
e. Run any BitTorrent application, tracker, or client.
f. Run cron entries with intervals of less than 15 minutes.
g. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
h. Use more than 250,000 inodes on your account. Overusing may result in a warning first, and no action is subject to suspension or termination of account.
i. Constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage.
Host Medal expressly reserves the right to review every account for excessive space, bandwidth, or resource utilization, and to suspend, terminate, or apply additional fees to those accounts that exceed allowed levels.
You acknowledge and agree to supply appropriate payment for the services received from Host Medal, in advance of the time period during which such services are provided. You agree that until and unless you notify Host Medal of your desire to cancel any or all services received, those services will be billed on a recurring basis. You are responsible to ensure that your payment information is up to date and all invoices are paid on time. Host Medal reserves the right to bill your credit card or billing information on file with us.
Host Medal provides a 14-day grace period from the time the invoice is generated and when it must be paid. Any invoice that is due and not paid will result in a $10 late fee and/or account suspension until account balance has been paid in full.
All domain registrations and renewals are final and no refunds can be given once a domain is registered or renewed. You are responsible to ensure your domain renewal. Host Medal’s domain renewal notices and invoices are provided as a courtesy reminder and Host Medal cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed 30 days before the renew date.
Cancellation must be done via email to firstname.lastname@example.org. Once we receive your cancellation request and have confirmed all necessary information with you via email, we will inform you that your account has been cancelled.
Host Medal reserves the right to change the monthly payment amount and any other charges at any time.
5. Cancellations and refunds
Host Medal’s 100% Anytime Money Back Guarantee gives you an unconditional full refund within 30 days on web hosting. Any request for a refund outside of the initial 30-day period will be given based on for the remaining days unused of your term. Any refund will exclude domain registration fee.
Violation of the Terms of Service will waive the refund policy.
6. Uptime Guarantee
Host Medal guarantees a 99.9% uptime for all customers. If your server has a physical downtime that is not within the 99.9% uptime, you may receive one month of credit on your account. Approval of the credit is at the discretion of Host Medal dependent upon justification provided. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity and transit availability. The guarantee credit will not be provided automatically. To request a credit, please contact email@example.com with justification.
7. Reserved Rights
Host Medal expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or services (including the right to cancel any domain name registration) for any reason as determined by Host Medal in its sole discretion, including without limitation to the following: (i) to correct mistakes made by Host Medal in offering or delivering any services, (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable law, (v) to comply with requests of law enforcement, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Host Medal, its officers, directors, employees and agents, users, as well as Host Medal’s affiliates.
You specifically acknowledge and agree that your use of this site and the services found at this site shall be at your own risk and that this site and our services are provided “as is”, “as available”, and “with all faults”. Host Medal, its officers, directors, employees, and agents disclaim all warranties, statutory, express or implied, including without limitation any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Host Medal.
In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Host Medal will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to our website or services, and users should not rely on such information or advice.
You agree to defend, indemnify, and hold harmless Host Medal from any claims, demands, costs, expenses, liabilities, and damages of every kind and nature, including without limitation attorneys’ fees, imposed upon or incurred by Host Medal directly or indirectly arising from our services provided to you. The indemnification obligations under this section shall survive any termination or expiration of these terms or your use of our services.
Revised March 25, 2013