Terms of Service

Ignitehosting.biz as a supplier of both virtual and reseller cpanel webhosting (enabled with Fantastico), along with other services related to the internet offers you its clients and users the resources to distribute information to the public. We recognize that there is a lot of information being distributed on the web, nevertheless when opposing and conflicting matters occur; we at Ignitehosting.biz reserve the right to take the necessary action we see fit.

To protect your rights and prevent against such matters we have provided "Terms of Service" which serves as a manual to your responsibilities while using Ignitehosting.biz's services. When new additions and modifications are made to the Terms of Service, there will be a post in our "anouncement" section on http://www.ignitehosting.biz/. Your continuous use of Ignitehosting.biz will represent your agreement to the new terms of service.

We at Ignitehosting.biz do not take responsibility for any information the client may generate or display on their website. We are not obligated to and do not evaluate, amend, or censor the information our client's website may contain. In case of copyright intrusions, denigration and detrimental speech, the author is to be held liable for the information presented.

Under the Terms of Service the following activities area prohibited by customers, associates, and/or subordinates:


1 -   Abusive Language
Relaying or posting offensive, harassing, hostile, or abusive language through Ignitehosting.bizInternet's networks.
2 -   Adult Material
Adult and pornographic content is not permitted on our servers
3 -   Background Programs
Background programs including but not limited to IRC bots, eggdrops, BitchX, Xircon, and others which interfere with server operations are prohibited.
4 -   CGI And PHP Abuse
Although Ignitehosting.biz permits the use of CGI and PHP on all virtual accounts, we must limit the amount of CPU used on any individual account on a shared server. Since the servers are shared by many accounts we can not let a few customers utilize all of the resources on that server which leads to others suffering from lack of resources. When CPU is used greatly and excessively by a few customers it leads to slowness of FTP, sites and much more which may result in errors and failure in accessing the sites on that server. Accounts found in violation of this term will be warned once. The email warning will notify you that too much CGI and/or PHP is running and suggest ways to reduce the usage or upgrade. We reserve the right to DISABLE Your CGI/PHP Script if we consider the usage to be excessive or it is not reduced within 24 hours of the email being sent to you. Excessive amount (Ignitehosting.biz is the sole determinant of what constitutes degraded server performance) refers to any amount that leads to extensive and considerable degradation and deprivation of server performance.

All scripts (e.g. UBB, YABB) that heavily make use of flat files are prohibited.

5 -   Customer Content
Customer agrees NOT to disperse, transmit, or exhibit any material of the following nature through any Ignitehosting.biz server whether themselves or through a third party.

  A - Discriminatory material based on age, gender, hate, or race.
  B - Defamatory, Offensive, or Insulting material.
  C - Infringement or violation on any intellectual property rights. Including but not limited to: copyright, patent, trademark, or any other property rights of Ignitehosting.biz or any third party.
  D - Material containing viruses or other programming defects resulting in damage to Ignitehosting.biz or any other third party
  E - Threatening, hostile or harassing material.
  F - Violation of any local, state, national, foreign or international laws.
  G - Violation of any Ignitehosting.biz policy.
  H - Content or links to any illegal activity or content, hosted on or off our servers.
6 -   Export Control
Exporting encryption software on the internet or to other destinations outside the U.S. is prohibited.
7 -   Illegal And/Or Unauthorized Access To Other Computers Or Networks
Accessing other party's computers or networks without authorization to do so is prohibited. Any activity that is used as an endeavour to system invasion such as port scan, stealth scan or any other info gathering action is prohibited. Any access to any part of our servers, files, content or similar is prohibited and if found immediate cancellation of account will occur without refund of any payment made to Ignitehosting.biz regarding any of our Hosting or Account services, being made to the deactivated sites account payee.
8 -   Intellectual Property Violation
Ignitehosting.biz is required to eliminate or block access to customers' site upon receiving proper notification of copyright violations. The following activities are prohibited under this law; violating property rights of others including but not limited to copyrights, patents (held by individuals, corporations or other.), service marks, software piracy, trademarks, trade secrets, violating privacy and personal rights.
9 -   Software
Customer may only use software from a third party that is properly licensed and is in association with customer's use of service. Customer is prohibited to store or distribute any illegal software, music or movies on or from any Ignitehosting.biz server.
10 -   SSH and Scripts
Ignitehosting.biz enforces a strict "No SSH" policy. We will also instantly suspend any account that uses a script which can be used to elevate privileges or enable SSH services. In the event that this occurs no refund will be payable to the account holder or payee.
11 -   No mass email marketing or free email businesses allowed.
We do not allow mass email marketing sites on our server at all. It doesn't matter even if it's an 'opt-in’ email marketing system' or run as a 'safe list' or 'free email' system they are all prohibited. We reserve the right to shutdown any such sites, that we consider harmful to the server's performance or in breach of the above.
12-

No Unlimited disk space and / or Unlimited data transfer allowed

We do not allow any clients to sell Unlimited disk space or Unlimited data transfer to any of their customers. All accounts created must state an amount of space and bandwidth allocated. Ignitehosting.biz has the right to refuse service, or discontinue any service to those customers who use their account to promote any type of Unlimited disk space and / or Unlimited data transfer hosting accounts. Breach of this will result in their account being discontinued.
13-  

Overselling Policy

Ignitehosting.biz allows their customers to oversell their resources within their WHM accounts. However we expect that our customers will be realistic and responsible when overselling. It is your responsibility to ensure that your WHM has enough space for growth. Upgrades are available, but due to server restrictions are not always possible. If we feel that the overselling within one of our customers WHM account is too "oversold", then we have the right to limit further growth on that account while we consult with the client about an upgrade on their service. This policy is designed to protect all customers and also prevent the abuse of resources through the use of overselling which causing harm to others on the same server. Ignitehosting.biz also reserves the right to decide what amount of "overselling" is enough on any one account.

14-

No Free Trial accounts or Demo accounts allowed

Due to increased instances in hacking, spamming and abuse, we no longer allow our customers to provide "Free trial accounts" or "Demo account" . Any customer who is found to be offering a free trial account or demo account will have their WHM account suspended.

15-   Spamming

We will in no shape or form tolerate spamming of any kind. We, Ignitehosting.biz, reserve the right to terminate any account without notice or warning that violates this rule. Use of Ignitehosting.biz signifies acceptance and comprehension of this and every Term of Service. Ignitehosting.biz at our option may charge $40.00 per Spam complaint we receive. This fee is non refundable and will be charged at the time of complaint notice. Ignitehosting.biz reserves the right to determine what is considered Spam. Also, to conclude from the evidence presented if the e-mail recipients were from an "opt-in" e-mail list. The following forms of Spamming are prohibited:

  A - Bulk Unsolicited Commercial E-mails AKA Spam, promotional material or any other form of advertising or solicitation sent through e-mail that promotes any IP address belonging to Ignitehosting.biz or any other domain hosted by Ignitehosting.biz is prohibited.
  B - Misrepresenting, perjuring, or falsifying all or part of message headers to conceal the true source of the message.
  C - Transmitting, promoting, offering, or making accessible software of any kind designed to assist in Spamming.
  D - Unwanted postings to newsgroup promoting or advertising any IP or URL hosted by Ignitehosting.biz.
  E - Use of web pages that permit spamming which directly or indirectly sends clients to IP addresses or domains which are hosted by Ignitehosting.biz.
Please refer to "Basic Mailing List Management Principles for Preventing Abuse" for acceptable ways for mailing lists.
Proper Use Of Service
Terms of Service are effective on the date which you the customer register for Ignitehosting.biz services. Services shall continue on a month to month basis unless stated otherwise in a separate agreement between Ignitehosting.biz and customer. The following should serve as your guide to proper use of service:

1 -   Back Up Files
    Customer may be able to restore files which are archived routinely by Ignitehosting.biz. However, we do not guarantee in any way the existence, accuracy or regularity of this service. Customer is responsible for making the necessary back up files in association with this service.
     
2 -   Bandwidth And Disk Space
    Customer will inhabit only the amount of disk space on Ignitehosting.biz server and use only the bandwidth allowed by Ignitehosting.biz according to account chosen. Exceeding the disk space and/or bandwidth allowance will result in additional fees and charges.
     
3 -   Basic Mailing List Management Principles For Preventing Abuse
    Mailing lists are an excellent approach for dispersing information, but they MUST be used correctly. Use the following points as your guide to correct use of mailing lists. (Please make sure and read the Spamming terms above). If you have any questions or want to check the legitimacy of your mailing list please contact us at support@ignitehosting.biz.



  A - Verification of New Subscribers
    Mailing addresses of new subscribers must be verified prior to your emailing. You may do this in several ways, i.e. sending an email out to which the subscriber must reply to; you may also send a URL in the email which the subscriber will go to, to complete the verification.
  B - Subscriber Termination
    The administrator of the mailing list must provide a clear and simple method along with such instructions for the subscriber to terminate their subscription at their will. This must be done promptly.
  C - Out of Band Procedure
    Administrator of the mailing list must have a procedure where they may be reached (i.e. via email) for further communication for those who wish to terminate their subscription but do not or will not do it through the automated procedures.
  D - Impact of Mailing on Networks & Hosts
    Administrator of mailing list must ensure that the list is properly managed and has minimized impact on networks and hosts. This may be done by moderating the list and deleting undeliverable and invalid addresses. You must ensure that the mailing list does not overwhelm other hosts and networks.
  E - Email Use
    Administrator of mailing list must ensure that the list is not being used for abusive purposes.
  F - Address Disclosures
    Administrator of mailing list has responsibility over the addresses in their possession and must take adequate disclosure to them. This includes whether or not those addresses would be available for sale at which time when bought they are no longer "opt-in" lists. Further examination is necessary to verify whether or not the subscriber is an "opt-in" subscriber to the individual(s) who bought or traded the list.
  G - Nature of the Mailing Lists
    Administrator of mailing list is responsible for taking adequate disclosure for the nature, content, subject and frequency of the emails. A subject matter which varies to some degree from that to which the subscriber signed up for or the frequency of the emails changes constitutes the need for a new mailing list (needing the "opt-in" approval of the subscriber). Existing subscribers should never be subscribed to a new mailing list automatically.
     
4 -   Changes To Terms of Service
    Changes to Terms of Service by customer will NOT be binding unless it is in writing and has been counter executed by both parties. Variation in prices needs to be confirmed in writing (either by mail or email) by both parties. Ignitehosting.biz reserves the right to make additions and modifications to the Terms of Service without prior notice at which time there will be a post in the "Latest News" section at www.ignitehosting.biz. The customer's continuous use of Ignitehosting.biz services represents the customer's agreement of the new Terms of Service.
     
5 -   Client Liability And Indemnification
    All parties agree that in no event, shape or form shall Ignitehosting.biz be held liable to any third party for breach or alleged breach of any term or condition by the customer. Customer agrees to defend, and indemnify Ignitehosting.biz from all damages, expenses, liabilities, losses or claims of a third party resulting from client's breach or alleged breach of any kind.
     
6 -   Payment Policy
    The day you sign up for your Ignitehosting.biz account is the day your payments will be due each and every month. We will charge your Credit Card on that day. If you have other billing needs please feel free to contact us at mail:billing@ignitehosting.biz. Ignitehosting.biz at our discretion reserves the right to terminate any account if client fails to make payments in a timely manner. Client is and shall be held responsible for all outstanding charges allocated to HiStyle Internet Solutions. This includes cancellation of account. If you signed up for an account on the 5th and you give notice to cancel your account on e.g. 10th of this month, you are still held responsible for all charges and fees for rest of this month (from the 5th of this month to the 5th of next month).
     
7 -   Termination Of Account
    Ignitehosting.biz at its sole discretion reserves the right to terminate services of any customer if they are in violation of the Terms of Service. We reserve the right to refuse services to anyone.
     
8 -   Cancellations
   

An emailed notice needs to be sent to Ignitehosting.biz with 7 days notice before the end of the preceding payment period regarding customer's request for cancellation that is unless your account is covered by one of our money back guarantee periods. Please include your domain name and client ID. Either party has the right to terminate this agreement with prior (by end of preceding payment period) written (emailed) notice. If customer wishes to re-instate a cancelled account they may do so within 7 days of cancellation. Customer will be charged $20.00 per account prior to re-instatement of their account. Once we have received payment, customer's account will be activated within 2 working days.

To initiate the cancelation of your account you need to email us with the following information to Histyle Internet Solutions, Attention Billing, billing@ignitehosting.biz

I (your name) of (your address) wish to cancel my hosting account (domain name) and (username) with Ignitehosting.biz. I am providing you with the requied minimum 7 days notice and request that my account be terminated.

My reasons for requesting cancellation of my account are as follows :(please state your reason/s)

This email needs to be dated and recieved within 7 days prior to your next billing period and also sent from the owner of the account. For your convenience emails are accepted 24/7/365. Upon receipt of a request for Cancellation Ignitehosting.biz will email the account holder and notify them of the scheduled date for termination of the requested account.

     
9 -   Suspension of Account
    We reserve the right to suspend an account at any time. Reasons for suspension include, but are not limited too, breach of terms of service, unable to contact client, lack of client details being maintained and updated, non payment, overdue payment, excessive CPU usage.
     
10 -   30-Day Money Back Guarantee on all Annual Hosting plans and packages
    To prove to you how confident we are in our services, we will offer you a 30-day money back guarantee on all our annual hosting plans and packages. If for any reason you are not completely satisfied with our services and cancel your account within the initial 30 days of the initial order date of your account we will refund you all your money (excluding any set up fees and fees for additional features. $8.95 will be withheld for any Domain name registration provided with any plan as these are non refundable).

To initiate the cancelation of your account you need to email us with the following information to Histyle Internet Solutions, Attention Billing, billing@ignitehosting.biz

I (your name) of (your address) wish to cancel my hosting account (domain name) and (username) with Ignitehosting.biz. My account is under 30 day old and I acknowledge that all other accounts held by me now or in the future will not be subject to any further money back guarantees provided by Ignitehosting.biz.

My reasons for requesting my moneyback are as follows :(please state your reason/s)

This email needs to be dated and recieved within the 30 day money back guarantee period and also sent through the original email address used when you signed up for of the account (this is to authenticate your request). For your convenience emails are accepted 24/7/365. Requests received or requested after initial 30 days will not be honoured.

Please note: The money back guarantee does not apply if your account is terminated at any time within the guaranteed period for breach of our terms and conditions, or if you go over the allocated and allowed bandwidth usage for your plan. Accounts that are renewed for additional terms are also not subject to our money back guarantees. We reserve the right not to honour the money back guarantee where the customer has received a refund in the past.

     
11 -   14-Day Money Back Guarantee on all Monthly Hosting plans and packages
    To prove to you how confident we are in our services, we will offer you a 14-day money back guarantee on all our monthly plans and packages. If for any reason you are not completely satisfied with our services and cancel your account within the initial 14 days of the initial order date of your account we will refund you all your money (excluding any set up fees and fees for additional features. $8.95 will be withheld for any Domain name registration provided with any plan as these are non refundable).

To initiate the cancelation of your account you need to email us with the following information to Histyle Internet Solutions, Attention Billing, billing@ignitehosting.biz

I (your name) of (your address) wish to cancel my hosting account (domain name) and (username) with Ignitehosting.biz. My account is under 14 day old and I acknowledge that all other accounts held by me now or in the future will not be subject to any further money back guarantees provided by Ignitehosting.biz.

My reasons for requesting my moneyback are as follows :(please state your reason/s)

This letter needs to be dated and recieved within the 14 day money back guarantee period and also sent through the original email address used when you signed up for of the account (this is to authenticate your request). For your convenience emails are accepted 24/7/365. Requests received or requested after initial 30 days will not be honoured.

Please note: The money back guarantee does not apply if your account is terminated at any time within the guaranteed period for breach of our terms and conditions, or if you go over the allocated and allowed bandwidth usage for your plan. Accounts that are renewed for additional terms are also not subject to our money back guarantees. We reserve the right not to honour the money back guarantee where the customer has received a refund in the past.

     
12 -   Refunds and Disputes
   

Ignitehosting.biz offer no refunds other than our money back guarantees, regardless of reason for cancellation / deactivation.

Overcharges and disputes of billing MUST be reported within 60 days of the time of the dispute. Refunds will be given only at the discretion of Ignitehosting.biz. If you choose to dispute a charge to your credit card issuer which HiStyle Internet Solutions (at HiStyle's discretion) considers a valid charge under the requirements of Terms of Service, you agree to pay Ignitehosting.biz an Administrative Fee of between $50 (Fifty USD) and $150 (one hundred and fifty USD) decided by Ignitehosting.biz.

     
13 -   Responsibility to Keep Updated and Stay Informed
   

Customer is responsible to make sure that they are up to date with the latest developments, these can be found in our forums, where all announcements, acknowledgements and up to date information will be provided. All correspondance of any sort that is not personal in nature will be distributed in the forums for all customers to see. www.ignitehosting.biz/forums

All customers have a responsibility to ensure that their personal details are kept up to date such as their address, phone number and email address that is provided. These details need to be current and able to be used to contact the customer at all times. Ignitehosting.biz makes every effort to contact clients, but in the event that there is a loss of service, interuption of service or similar, Ignitehosting.biz will not be held responsible if the customer is therefore unable to be contacted.

     
14 -   Domain Registration Terms and Conditions
   

Ignitehosting.biz offer a service to register domain names on your behalf. When a customer / registrant accepts this offer we cannot be held responsible for any infringements against registered trademarks and further to this, the customer / registrant of any such Domain name infringement will indemnify Ignitehosting.biz against any responsibility for such infringements of trademark. When a customer / registrant chooses to register a domain name using our service the customer /registrant agrees with all of our terms and conditions as stated within our 'TOS - Terms of Service'. The customer / registrant also agrees to be held by the terms and conditions of the registrating company. For further details email info@ignitehosting.biz

In no circumstances are domain name registration fees refundable as once we have processed a Domain name, it is irreversible. So please make your selection wisely.

     
15 -   Taxes
    Customer is responsible for paying all applicable taxes and holds Ignitehosting.biz harmless to any and all taxes connected to customer's use of our services (including collections and withholdings).
     
16 -   Overdue Accounts
   

Ignitehosting.biz does not offer credit to their customers. All hosting plans are provided once the account holder has paid for their plan or package. Therefore accounts that fall overdue by 2 days will automatically be suspended until payment is received by us. If we do not receive the overdue payment after a further 7 days, the account will be cancelled. This means that all files, folders and information will be lost. Accounts that repeatedly become overdue for a period of 2 days may also be subject to a further $5 fee before they can be reactivated. We work on a 'three strikes and you're out' policy, this means that if your account becomes overdue for a third consecutive time the 2 day grace period will no longer apply and your account will be suspended immediately and inccur the $5 reactivation fee. HiStyle Internet Solutions reserves the right to refuse reactivation of an account if the account repeatedly becomes overdue.

Ignitehosting.biz will make all reasonable attempts to notify the account holder via email prior to the suspension of their service, but it is the account holders responsibility to ensure that their account is paid for and all their contact and email details are kept up to date at all times.

     
18 -   Price freeze guarantee - Important Details.
    Ignitehosting.biz no longer provides a price freeze guarantee on all its plans and packages. However those customers who where given the price freeze guarantee when they made their purchase (prior to the 1st March 2004) will keep this guarantee (subject to the original terms and conditions). For those who signed up for one of our plans or packages prior to the 1st March 2004 and remain a continuous customer and keep your original plan / package your fee will not alter while your payment plan remains the same.

Please be aware that the price freeze guarantee has never applied to our 'specials' or discounted webhosting plans or if your account is suspended for non payment this offer will no longer apply, regardless of the date of purchase.

     
18 -   Chargebacks
   

In the event of a customer initiating or requesting a charge back we reserve the right to terminate the account/s or reseller plan and all its accounts immediately. No back up of sites will be provided unless the customer pays a fee of $50.00 USD (ontop of the charged back amount) for each account/s or reseller plan affected by each individual chargeback. This cost is to cover the bank fees and handling payable by HiStyle in the event of a customer making a charge back.

We reserve the right to refuse service to anyone who has previously requested a charge back from us under any circumstances and also request that any further accounts help by them on our servers be removed.

     
19 -   Backup Responsibilitties
   

As the owner of your website / hosting package or reseller website /  hosting package, backups are your responsibility (or your customers), therefore you must ensure that you and your customers have up to date and current backups of your / their own site/s or those under your control.  

Ignitehosting.biz currently only perform weekly backups off site, but under no circumstances do we guarantee that you will have what you need or the integrity of these back ups in the event that you may need us to access them to restore your website. We also do not guarantee that any form of backup will be available even at the weekly interval. However we must stress that these back ups are not to be relied upon under any circumstances as backups are the responsibility of the website owner not Ignitehosting.biz.

We strongly advise that you back up your own site/s as often as required to ensure that you always have the latest possible copy of your site/s as it is your responsibility to back up your site/s regularly.

     
20 -   Resellers
   

Ignitehosting.biz Resellers are required to monitor their clients and be aware of what they are using their sites for. As a reseller you are responsible for all of your individual clients and must ensure that both you and your clients abide by our terms and conditions of service. In the event of our terms and conditions of service are not being upheld by the reseller or their resold and/or provided free accounts, we may at our sole discretion suspend any service immediately without notice, if the breach is illegal or likely to cause loss of service or harm to any other user of the Internet or our services.

Failure to follow any term or condition listed above will provide Ignitehosting.biz with grounds for the immediate account deactivation of the offending account holders site, further, without refund of any payment made to Ignitehosting.biz regarding any of our Hosting or Account services, being made to the deactivated sites account payee. We will also report abuse of any kind to the relative authority and seek legal action if required.



Disclaimer of warranty

Services provided to customers of Ignitehosting.biz are provided on an "as is" basis. Ignitehosting.biz disclaims any warranty that; services will be not be interrupted or be free of error; defects will be corrected; there are no viruses or harmful components; and that security methods being used will be adequate.

Limitation of liability
In no shape or form shall Ignitehosting.biz be held liable/responsible for damages resulting from loss of profit or records from use of Ignitehosting.biz site or products. We are also not responsible for any incidentals, disciplinary or consequential damages associated with this agreement. In no event shall Ignitehosting.biz's total liability exceed an amount greater than five hundred dollars ($500 USD).

 

 

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