Terms and Conditions of Use
HostManaged by eDigest (HostManaged) provides web hosting to clients worldwide. We take our responsibility to protect each client seriously. All clients of HostManaged are subject to the following terms of service:
You agree to use all HostManaged services and facilities at your own risk. HostManaged specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall HostManaged be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold HostManaged harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostManaged, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HostManaged against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with HostManaged's servers.
HostManaged reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party copyright infringement or any defective products sold to customer from HostManaged's servers. HostManaged shall be the sole judge of what violates this Policy.
We bill monthly, quarterly, semi-annually and annually, depending upon the product or plan. If you are not satisfied within your first 30 days we will be happy to provide you with a full refund. For some special offers the money-back-guaranteed period may be varied. Domain Name registration fees, dedicated servers and coding and web development are nonrefundable.
We accept PayPal, Amazon Payments, Visa, Master Card and American Express. For webhosting plans there are no contract periods but for each successive period, your plan is automatically renewed unless we are notified otherwise.
All services other than dedicated servers and domain registration are billed according to the date on which they were first activated. Services are subject to suspension after five days of non-payment following the renewal date.
Domain renewals must be paid for prior to renewal.
You will be notified of the date dedicated servers must be renewed. Notice of cancellation must be given two weeks prior to the anniversary date and renewal must be made 10-days prior to the anniversary date.
Acceptable Use Policy
All services provided by HostManaged may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless HostManaged and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content may be removed and users hosting offending content may bre suspended from our servers at our discretion. We will always inform you when and why any action has been taken. Pornography is prohibited on all HostManaged servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Limitation of Liability
HostManaged shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from HostManaged servers going off-line or being unavailable for any reason whatsoever. Furthermore, HostManaged shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of HostManaged servers. All damages shall be limited to the immediate termination of service.
HostManaged cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by HostManaged are resold. Thus, certain equipment, routing, software, and programming used by HostManaged are not directly owned or written by HostManaged. Moreover, HostManaged holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as HostManaged sees fit. FURTHERMORE, HostManaged retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.