Terms Of Service
While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third party service providers, or the actions of individuals who use your instance of such products and services (“End Users”).
Hands Off Hosting provides a number of services and products to its customers, which are collectively referred to in these TOS as the “Services”. Regardless of whether you pay for a Service or it is provided as part of a package, as a standalone full price or discounted service or for free, any Service you request or allow to be provided by Hands Off Hosting is included as part of the “Services” we refer to in these TOS and the other Policies. All Services are subject to each of our Policies. Certain Services may also be provided by third parties and their terms of service or use that may contain additional or different terms will also apply to your use of such Services. We may change the specifications or details of the Services at any time but we have no obligation to change the Services. Additionally, the third parties we contract with to provide Services may change their offering at any time, including between the time of purchase and the date the Services are delivered. We will use commercially reasonable efforts to inform you of changes to the Services.
Knowledgebase. Additional information on our Services, including those listed below, can be found in our Knowledgebase, located at: https://my.handsoffhosting.net/index.php?rp=/knowledgebase. These TOS govern where they are in conflict with anything posted in the Knowledgebase.
Services Offer. Hands Off Hosting offers a number of different products and services, including but not limited to those listed below. These TOS and our Policies apply to all Services, whether or not listed below. Details are available on the websites indicated and the details at those websites does not modify or supplement these TOS or our Policies.
- Shared Web Hosting (databases hosted as part of Shared Web Hosting are limited to five (5) gigabytes per database and email accounts hosted as part of Shared Web Hosting are limited to fifteen (15) gigabytes of space): https://handsoffhosting.net/
- Email Hosting (POP3, SMTP, IMAP): https://handsoffhosting.net/
- Domain Registration: https://clientportal.handsoffhosting.com/cart.php?a=add&domain=register
These Services enable certain software and development options, including those located at: https://handsoffhosting.net/solutions.
Terms Specific to Domain Name Services.
- We resell domain names. When you apply to register a domain name, your request is transmitted to ResellerClub (www.resellerclub.com). By using our Domain Name Services, you agree to be bound by ResellerClub ’s domain name registration policies and procedures, so please read them. These policies and procedures are available at: https://freeaccount.myorderbox.com/servlet/ViewAgreementServlet. Because of the mechanics of domain name registration, we cannot guarantee that your domain name will be registered. After registration, it is your responsibility to ensure your domain name does not lapse and is timely renewed and we are not responsible for any lapse or any damages caused by any lapse. We will make commercially reasonable efforts to renew any domain names that are set to auto-renew. NOTWITHSTANDING THE FOREGOING, ANY SUCH RENEWAL IS YOUR RESPONSIBILITY AND WE SHALL HAVE NO LIABILITY FOR THE FAILURE OF ANY SUCH RENEWAL OR AUTO RENEWAL, ANY RELATED DOMAIN EXPIRATION OR THE REGISTRATION OF ANY EXPIRED DOMAIN BY A THIRD-PARTY.
- It is your sole responsibility to fully investigate and ensure that the domain name you register does not infringe on the legal or intellectual property rights of others. We do not check to see whether a domain name you register or use infringes on the rights of any third party and we suggest you seek advice of legal counsel before registering any domain.
- Hands Off Hosting will use commercially reasonable efforts to comply with any legal order to cancel, modify, or transfer your domain name. ICANN’s Transfer Policy requires a 60 day transfer lock to apply to your domain name(s) in the event of any “Change of Registrant.” Hands Off Hosting currently locks your domain name for any change involving your WhoIs information. This feature is designed to protect your domain from any unauthorized attempt to transfer your domain. We do not offer an option to opt out of the 60 day transfer lock. Any “Change of Registrant” as defined by ICANN’s Transfer Policy will subject the domain to a 60 days transfer lock. Please note that the parameters that trigger the 60 day transfer lock are subject to change. The current parameters which trigger the 60 day lock include: (A) change of registrant First Name, (B) change of registrant Last Name, (C) change of registrant Organization Name, (D) change of registrant Email. You also agree and understand ICANN’s policies for Domain Verification and any other current or future policies they might enact. More information can be found here: , http://www.icann.org/en/resources/registrars/registrant-rights/educational, and http://www.icann.org/en/resources/registrars/registrant-rights/benefits
Terms That Apply to All Hosting Services.
- Our Hosting accounts are allocated bandwidth depending on the package you select. The bandwidth for Services purchased does not rollover and is not creditable across periods. In the event you require more bandwidth than you have purchased, your account may be suspended until the next period, you may purchase additional bandwidth by upgrading your account, your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion.
- We will provide, as part of the Service cost, the number of primary IP addresses included in the plan you select. You may request additional IP addresses for an additional fee. If we need to change one of your assigned IP addresses we will notify you of the change by email. You may use the IP addresses provided only in association with the Services and they may not be transferred.
- In using our hosting Services, you may not place excessive burdens on our CPUs, servers, or other resources, including our customer support services. You understand that bandwidth, connection speeds, and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services, including suspension or termination of your account or a reduction in bandwidth available for your use (also known as bandwidth throttling), in our sole discretion. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.
Terms That Apply To Particular Hosting Services.
- Shared Web Hosting accounts are allowed to use a maximum of six hundred thousand (600,000) inodes and thirty-five (35) concurrent HTTP connections to the server. Backups should be downloaded and removed after creation.
- For Shared Web Hosting the terms “unlimited” and “unmetered” are defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. Shared and Reseller Web Hosting Use may not include: (i) streaming content (other than that which is incidental to your website’s operation), (ii) management of very large photo galleries, (iii) storage of a large amount of uncompressed or full-size digital images, (iv) online file (FTP) serving, (v) distribution of large audio or video content such as MP3 files, and (vi) online backups (i.e. backup of desktop/laptop computer, files, or anything not directly related to the website). You agree that we may remove impermissible materials from our servers at any time in our sole discretion without notice. We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other customers: (i) cPanel or other backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous backup temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup temp files, (vi) Common CMS backup logs, (vii) excessively sized error logs, and (viii) any other large files deemed unnecessary for core website functionality or not containing any valuable data.
- For our cPanel Shared Web Hosting our complimentary Server Rewind will provide complimentary backups of your data. These backups will be done using our commercially reasonable efforts and may not include all files, including some email files, due to technical constraints. Server Rewind backups are limited to an aggregate 50GB quota. If you exceed 50GB of disk usage in your account, your account will no longer be backed up. Please download any cPanel backups and store them locally.
- Email Hosting enables a user to use specific Services, including cPanel services, to create or delete email accounts, manage passwords, set mailbox space quotas, or configure other server-specific settings. Email Hosting services are subject to certain storage limitations and we auto-delete email in your trash or deleted folder after such email becomes more than thirty (30) days old in order to help you manage storage limits. We may also delete mail in your spam or bulk mail folder after such email becomes more than thirty (30) days old in order to help manage storage limits. Notwithstanding any automatic complimentary backup services, you should backup and save your emails locally to ensure they will be available when needed. If an email is deleted, we will use commercially reasonable efforts to retrieve such email but cannot guarantee recovery of any emails. Email accounts may be subject to storage quotas specified in a particular package.
- Our Email Hosting Services do not ensure that your inbound and outbound emails will be delivered; settings beyond our control may impact email deliverability, including emails being sent to a spam folder or emails not being delivered at all. IP address blacklisting beyond our control may also affect email delivery.
You will not have physical access to any of the servers on which your data is stored. These servers will often be shared with third parties. Use by any third party may affect your use and administration of the server. You shall not take any actions to limit the use of or alter the server or Service functionality or the functionality of any related equipment.
cPanel Services are provided through a third party. When you subscribe for use of cPanel with any of the Services, you agree to be bound by cPanel’s End User License Agreement, available at: http://cpanel.com/legal-store.html. Please be sure to review cPanel’s End User License Agreement before use of cPanel-related Services.
Starting on January 1, 2021 (the “New cPanel License Start Date”), if your web hosting plan comes with access to cPanel-related Services, a cPanel license will be applicable to your plan. Your web hosting plan will determine which type of cPanel license will be applicable. Each cPanel license type comes with a set number of cPanel accounts that can be created. If you need additional
6. Enrollment; Account Information
Enrollment. YOU WARRANT THAT BEFORE YOU USE ANY OF THE SERVICES OR SIGN UP FOR AN ACCOUNT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE AUTHORITY TO BIND YOURSELF OR THE ENTITY YOU REPRESENT TO THESE TOS. You may be subject to a credit check and screening for potential fraud and accurate information must be supplied for purposes of this screening. Further, before using the Services, you represent and warrant to Hands Off Hosting that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person, which come from using the Services in particular, and doing business on the Internet in general; and (iii) you will provide us with material that may be implemented by us to provide the Services.
Account Information. You are required to provide us with accurate information when setting up your account. You must also keep this information, including your email address, up to date during the course of our relationship. On occasion, we may need to communicate with you by email about the Services. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on email communications that are misdirected or blocked by a third party application, including as a result of your failure to maintain updated account and contact information or for circumstances beyond our control.
Account Security. You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. Hands Off Hosting is not liable for any damages, direct or indirect, that result from unauthorized account access or use.
In addition to terms under the Support Policy, located at https://handsoffhosting.net/policies#Support-Policy, in connection with support services, you will be responsible for all authorized actions taken by our support personnel using your login. Before you request support, you should backup your data.
You agree to give Hands Off Hosting permission to access your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with all of our Policies. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.
7. Term of Agreement; Billing & Payment.
Term. We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the “Effective Date”). We will begin delivery of the Services on the Effective Date and continue until the date set out on the page describing the Services located at my.handsoffhosting.net (“Initial Term”).
AUTOMATIC RENEWAL. The Initial Term will AUTOMATICALLY RENEW for successive periods of equal duration (each a “Renewal Term”). For more information on automatic renewal, please see our Refund and Billing Policy located at: https://handsoffhosting.net/policies#Refund-Billing-Policy. If you wish to discontinue the Services, you need to notify us by using one of the methods below before automatic renewal for a Renewal Term. You can notify us by:
Submitting a cancellation at least one (1) day before the beginning of a Renewal Term through contacting us at least fifteen (15) days before the beginning of a Renewal Term by sending an email to customerservice(at)handsoffhosting.net (replace “(at)” with “@”) or contacting us through our customer portal at https://my.handsoffhosting.net.
Termination. Regardless of the method of termination by you, valid proof of account ownership and authorization to cancel are required to terminate an account.
- Termination for Convenience.
- Either party may terminate the Services for convenience upon fifteen (15) days prior by providing written notice to the other. We only accept cancellations through our online cancellation form found at my.handsoffhosting.net. If you terminate for convenience, you will be responsible for all charges for the duration of the then active Initial or Renewal Term. For details on our Money Back Guarantee, please see our Refund & Billing Policy, located at https://handsoffhosting.net/policies#Refund-Billing-Policy.
- Before cancelling, we request that you, but do not require you to, contact us and request an escalation of your issue if your cancellation is due to unsatisfactory services or an unsatisfactory answer to a previous issue. If your agreement with us is for a set term, please contact us prior to canceling to determine what your charges will be in connection with the termination. All cancellation requests need to be submitted through our online cancellation form found at my.handsoffhosting.net.
- Hands Off Hosting Termination. We reserve the right to immediately suspend or cancel the Services without notice: (a) for a violation of these TOS, including any of our Policies; (b) for your failure to pay any amounts due, (c) to prevent a service interruption by an Internet Service Provider or other network services provider, or (d) to protect the integrity of Hands Off Hosting’s network or the security of the Services. You are not entitled to notice or protest should we exercise these rights. Upon termination, your account will be closed, data deleted, and all fees and charges due and payable must be paid to us. Once your account is closed, we have no responsibility to: (x) forward email, or other communications or (y) maintain any data backup that predates the termination date. If allowed, you are encouraged to keep the Service active during a transition period should you seek to forward your email or other communications. If we suspend or terminate your use of our Services because you have violated these TOS, including any of our Policies, we will not provide you with a credit.
- For Breach. You may terminate the Services upon the occurrence of a material breach by Hands Off Hosting, which has not been cured within thirty (30) days of our receipt of written notice of the breach. A material breach does not include any of the items listed in Section 19(b). Notice of a material breach must contain sufficient detail for us to identify the breach and attempt to take corrective action.
Post Termination Access. If we are able to provide data from backup in an account that has been terminated, you will be subject to a one-time charge of twenty-five dollar ($25) or more to cover the cost of the access. All data in accounts that are not renewed or are terminated will be removed from our servers and will likely be irretrievably lost. Any domain registration packages associated with these accounts will also be canceled.
Billing, Refund & Payment. Please see our Refund & Billing Policy, located at: https://handsoffhosting.net/policies#Refund-Billing-Policy for additional details on billing, refunds, and payment processes and procedures.
8. Money Back Guarantee
We don’t want any customers to leave. However, if you do want to leave, we offer a Money Back Guarantee that will allow you to receive a full or partial refund of certain fees. For details on this policy, please see our Refund & Billing Policy, located at: https://handsoffhosting.net/policies#Refund-Billing-Policy.
9. Use of the Services
Your use of the Services is governed by these TOS, including our Policies. HANDS OFF HOSTING PROVIDES NO GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR CONTINUOUS, OR THAT YOU WILL BE ABLE TO ACCESS Hands Off Hosting’S NETWORK AT A PARTICULAR TIME, OR THAT ANY DATA TRANSMITTED BY Hands Off Hosting IS ACCURATE, ERROR FREE, VIRUS FREE, SECURE, OR INOFFENSIVE.
You may provide us with a written or verbal endorsement of our Services in connection with your use of the Services (“Endorsement”). The Endorsement will be the actual first-hand account of your experience using our Services. Any Endorsements you provide will be owned by us and we may, at our discretion, use the Endorsement to promote our Services in-person, in print, online, and all other media. We may also edit the Endorsement for brevity or other reasons, so long as it is consistent with your original Endorsement. In connection with our use of your Endorsement, you hereby agree that we may use your first name, last initial, home state, voice or likeness, and/or contact information in connection with its publication of the Endorsement. If, at any time, you want us to stop using your Endorsement, please contact us using the contact information in Section 18 and we will cease using the Endorsement soon after processing your request.
11. Data Backups
YOU ACKNOWLEDGE THAT IT IS SOLELY YOUR RESPONSIBILITY TO REGULARLY BACK-UP AND MAINTAIN COPIES OF YOUR DATA OUTSIDE OF HANDS OFF HOSTING’S NETWORK. Hands Off Hosting is not responsible for any data loss or corruption, including that result from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.
12. Licenses; Intellectual Property; Data Ownership
- Services performed or provided by Hands Off Hosting are either Hands Off Hosting’s original work or are the works of third parties from which Hands Off Hosting has obtained necessary permissions to provide and are not “works made for hire”. We hereby grant you a license to use the Services and technology under the terms of these TOS, including our Policies. The license is non-exclusive, non-transferable, non-sublicensable worldwide, and royalty free and terminates when you or Hands Off Hosting terminates the Services.
- All right, title and interest in Hands Off Hosting’s technology and the Services shall remain with Hands Off Hosting, or Hands Off Hosting’s licensors. You are not permitted to circumvent any devices designed to protect Hands Off Hosting, or its licensors’, ownership interests in the technology or Services provided to you. In addition, you may not reverse engineer this technology or the Services.
13. Hands Off Hosting’s Warranty
Hand Off Hosting warrants that it will perform the Services in accordance with prevailing industry standards. To make a breach of warranty claim, you must notify Hands Off Hosting in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged breach. Your sole and exclusive remedy, and Hand Off Hosting’s sole and exclusive obligation, in the case of a breach of this warranty is, at Hands Off Hosting’s option, to (i) reperform the Services, or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted (“pro-rated”) by the amount of time they were in conformance. SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY.
14. Your Representations and Warranties
- You agree to reasonably cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services.
- It is your responsibility to ensure that you can connect with us to use the Services. You represent and warrant that you, or the entity you represent, have the sophistication and technical skill to utilize the Services.
- You have read and agree to the terms outlined in the Hands Hosting Support Policy, located at https://handsoffhosting.net/policies#Support-Policy.
- You warrant and represent that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent, if any.
- You warrant and represent that you and/or your company have not been identified or listed as Specially Designated National or Blocked Person by the U.S. Department of Treasury, Office of Foreign Assets Control.
EXCEPT FOR THE WARRANTY IN SECTION 13 ABOVE, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO HANDS OFF HOSTING), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by Hands Off Hosting, its employees, agents, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOS. HANDS OFF HOSTING DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM DEFECTS OR ERRORS.
Hands Off Hosting is not liable, and expressly disclaims any liability, for the content of any data transferred either to, or from, you or stored by you or any of your customers via the Services provided by us. Hands Off Hosting is not responsible for any loss of data, for any reason. Hands Off Hosting is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.
Hands Off Hosting is not liable, and expressly disclaims any liability, for data breaches or data compromise caused by your failure to keep web applications including plugins up to date.
HANDS OFF HOSTING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, HANDS HOSTING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE BY THESE THIRD PARTY ENTITIES TO HANDS OFF HOSTING SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF THOSE WARRANTIES.REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. No warranties, either express or implied, made by these third party entities to Hands Off Hosting shall be passed through to you, nor shall you claim to be a third party beneficiary of those warranties.
SOME STATES DO NOT ALLOW HANDS OFF HOSTING TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.
16. Limitation of Liability
It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. YOU AGREE THAT HANDS OFF HOSTING HAS NO LIABILITY, OF ANY SORT, FOR CONTENT YOU OR YOUR CUSTOMERS ACCESS FROM THE INTERNET.
IN NO EVENT SHALL HANDS OFF HOSTING BE LIABLE TO YOU IN CONNECTION WITH THESE TOS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, FOR ANY: (A) DATA LOSS, (B) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (C) LOST PROFITS, LOST REVENUES, LOST BUSINESS EXPECTANCY, BUSINESS INTERRUPTION LOSSES, OR BENEFIT OF THE BARGAIN DAMAGES. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM “HANDS OFF HOSTING” SHALL BE INTERPRETED TO INCLUDE HANDS OFF HOSTING’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AND AFFILIATES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TOS OR ANY OF THE OTHER POLICIES, HANDS OFF HOSTING SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF SALES, OR LOSS OF SEARCH ENGINE RANK, SUFFERED BY YOU, YOUR USERS, YOUR CLIENTS, AND YOUR VISITORS, INCLUDING DURING PERIODS OF SCHEDULED MAINTENANCE, SERVICE SUSPENSIONS, AND VIOLATION OF THESE POLICIES.
IN NO EVENT WILL Hands Off Hosting’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY HANDS OFF HOSTING FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Hands Off Hosting will not be held responsible for any: (i) force majeure events described in Section 20(b), below, (ii) problems or service outages caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime, as further defined in our Server Maintenance Policy. Our uptime commitment described in the Server Maintenance Policy, located at https://handsoffhosting.com/policies#Server-Maintenance-Policy, does not apply to disruptions to your use of the network because of a violation of these TOS, including our Policies.
You agree to indemnify, defend, and hold harmless Hands Off Hosting and its personnel, parent, subsidiaries and affiliated companies, third party service providers, and each of their respective officers, directors, employees, shareholders, and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, reasonable attorney’s fees) arising out of or relating to (i) your use of the Services, including any data migration-related efforts you request from Hands Off Hosting personnel or authorize Hands Off Hosting personnel to conduct; (ii) any violation by you of these TOS or any of Hands Off Hosting’s Policies, including those violations that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS, including the Policies; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS or the Services. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
Hands Off Hosting shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit, or proceeding brought or threatened against you so far as it is based on a claim that Services provided by Hands Off Hosting hereunder infringes any U.S. patent, copyright, or trademark. This indemnification provision is expressly limited to Services that are fully owned by Hands Off Hosting. It does not extend to products or services provided by third parties. If contained and permitted in its agreements with third-party suppliers, Hands Off Hosting shall flow down applicable intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Hands Off Hosting promptly in writing of the claim and giving Hands Off Hosting full authority, information, and assistance for the defense and settlement thereof. If an infringement claim has occurred, or in Hands Off Hosting’s opinion is likely to occur, Hands Off Hosting shall have the right, at its option and expense, either to: (i) procure for you the right to continue using the Service(s); (ii) replace with the Service(s), regardless of manufacturer, performing the same or similar function as the infringing Service(s), or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate the infringing or affected Services and refund the Fees charged by us for the period in which the Services were unavailable.
Notices will be sent to you at the email address in your account. It is your obligation to ensure that we have the most current email address for you by keeping your account information up to date.
Please refer to our website, https://handsoffhosting.net/, for contact information for most issues, including technical support and billing. Notices regarding this TOS and other Hands Off Hosting Policies should be directed to:
Hands Off Hosting & Design, LLC.
401 Rosemary Ave #22
West Palm Beach, FL 33401
Compliance with Law
- U.S. export laws apply to your use of the Services. It is your obligation to confirm that your use of the Services complies with applicable laws and we encourage you to learn more about U.S. export laws to ensure that your use of our network complies with these laws. More information about U.S. export laws may be found at: http://www.export.gov/.
- We may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request or to protect our business, or others, from harm. We assume no obligation to inform you that we have provided this type of information unless we have affirmatively agreed to do so. In some cases we may be prohibited by law from giving such notice. Cooperation with civil litigants is at our discretion. Responding to requests for production of documents, and other matters requiring more than mere ministerial activities on our part, will incur a fee of two hundred dollars ($200) per hour. We do not honor requests from civil litigants that expenses be pre-approved, and we may require a deposit to secure payment.
Force Majeure. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party’s reasonable control, including without limitation third party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by an excusable delay shall notify the other party as soon as possible, but in no event less than ten (10) days from the beginning of the event.
Choice of Law, Jurisdiction, and Venue. The validity, interpretation, and performance of these TOS, including our Policies, shall be controlled by and construed under the laws of the State of Michigan, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law. You agree that jurisdiction and venue for are exclusive in the Washtenaw County Circuit Court in Michigan or the U.S. District Court for the Eastern District of Michigan. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
All Claims. All claims you bring against us must be resolved in accordance with our Policies. Without limiting the previous sentence, this includes claims based on Service outages that are expressly covered by our Policies. All claims filed or brought contrary to our Policies will be considered to be improperly filed and a breach of our Policies. If you file a claim contrary to our Policies, we may recover attorney’s fees and costs. Attorney’s fees include any fees charged by our attorneys.
No Waiver. No waiver of a right under these TOS, including our Policies, shall constitute a subsequent waiver of such right under these TOS or any of our Policies.
Assignment. These TOS may be assigned by Hands Off Hosting. It may not be assigned by you. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
Severability. In the event that any of the terms of these TOS, including any of the Policies become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be revised to reflect Hands Off Hosting’s intent, as permitted by applicable law. All remaining terms of these TOS shall remain in full force and effect.
Survival. Sections 10 through 17 shall survive the termination of these TOS.
Construction. The terms “including”, “includes”, and “include” shall be deemed to be followed by the words “without limitation” and the illustrative items introduced thereby shall not limit the scope of the otherwise general term but shall be by way of example only.
Claims Period. No action or proceeding against us may be commenced by you more than one (1) year after the Service which is the basis for the action is rendered. You fully acknowledge that this limitation constitutes an express waiver of any rights under any applicable statute of limitations which would otherwise afford additional time for such a claim.
Who we are
We are Hands Off Hosting & Design, LLC. Our website address is: https://handsoffhosting.net.
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OUR CONTACT INFORMATION
Our mailing address is:
Hands Off Hosting& Design, LLC
401 Rosemary Ave #22
West Palm Beach, FL33401
This is Hands Off Hosting, Inc.’s (“Hands Off Hosting”, “we”, or “our”) Support Policy. The purpose of this Support Policy is to clearly lay out Hands Off Hosting’s support policies and procedures so that all customers have a clear understanding of what can be expected of us and what we expect of you, our valued customer, in connection with our delivery and your use of the Services (as defined in the Terms of Service). We ask that every customer read these policies and familiarize themselves with them. We look forward to providing quality support for all of your hosting needs. Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at: https://handsoffhosting.net/policies#Terms-Of-Service.
2. BACKUP OF DATA
Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA. Hands Off Hosting is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.
3. METHODS OF SUPPORT
- Support Generally. Support we offer is included as a Service. We do not charge for responding to technical support tickets, phone calls or LiveChat but we do expect you to abide by the terms of this Support Policy and our other Policies when utilizing this Service.
- Technical Support Tickets. This is our primary support system. Almost ALL issues will require the submission of a trouble ticket. This is our preferred method because of the ability to track issues to resolution and give us time to properly review and research problems. Please do not submit multiple tickets about the same problem as that simply creates confusion. If you need to add information to an existing ticket, please do so in the existing ticket by logging into the support system or by replying to the ticket email.
- LiveChat. LiveChat is available by clicking the Live Help button on our website. This gives you the ability to immediately contact one of our representatives. Due to the nature of live chat, our goal is to gather all necessary details and open a support ticket on your behalf. Our team is focused on ensuring proper resolutions as quickly as possible.
- Phone. In the unlikely event that you experience a service interruption, we ask that you immediately call our support team and report the issue. Our support staff will work with you to resolve the issue. We understand that your time is valuable and we do our best to avoid any live troubleshooting of issues. Our staff will gather as much detail from you during your call and open a ticket on your behalf. We would be more than happy to call you back if you provide a call back number or we will attempt to use the phone number associated with your account if no call back number is provided.
4. CUSTOMER RELATIONSHIPS
We strive to provide you with courteous, professional, and technically accurate support. Although we understand how frustrating technical problems can be, we ask that you treat us with respect and we will do the same i n return. Our ultimate goals are the same, providing you with accurate support in a timely manner. If you feel you have been treated unfairly or have any other complaints, you may contact us to reach a supervisor directly.
5. SUPPORT HOURS
The timeframes below are when the applicable method of support is provided. You can of course submit tickets outside this time frame, but answers may not be received until business hours resume.
Technical Support Tickets: 24 hours a day, 7 days a week
Billing Tickets: Monday-Friday 9:00AM – 7:00PM US Eastern Time
7. BILLING AND SALES SUPPORT
Billing and Sales tickets are handled as quickly as possible. Please see our Refund and Billing Policy, located at: https://handsoffhosting.net/policies#Refund-Billing-Policy, for more information regarding Hands Off Hosting’s billing policies. You can view invoices and update your payment method by accessing the customer portal located at: https://my.handsoffhosting.net/.
Refund & Billing Policy
This is Hands Off Hosting, Inc.’s (“Hands Off Hosting”, “we”, or “our”) Refund & Billing Policy. This Refund & Billing Policy discusses the ways in which we charge customers for use of the Services (as defined in the TOS) and related questions about charges, refunds and billing disputes. Capitalized terms used but not defined in this policy have the meaning given to them in our TOS, located at: https://handsoffhosting.net/policies#Terms-Of-Service.
2. AUTOMATIC RENEWAL
- Package Renewal. AS SET FORTH IN OUR POLICIES, ALL HOSTING PLANS AND DOMAIN NAMES ARE SET TO AUTOMATICALLY RENEW ON THEIR RENEWAL DATE AFTER THE INITIAL TERM AND ANY RENEWAL TERMS TO PREVENT ANY DISRUPTION IN THE SERVICES. YOUR INITIAL RENEWAL DATE WILL APPEAR ON THE CHECKOUT SCREEN WHEN YOU INITIALLY PURCHASE SERVICES. SUBSEQUENT RENEWAL DATES WILL BE LOCATED ON EVERY INVOICE YOU RECEIVE FROM Hands Off Hosting AS WELL AS THE SERVICES AND DOMAINS SECTIONS OF THE CLIENT PORTAL. You will also be emailed an invoice for the renewal term at the email address in your account in advance of any renewal with the terms of the upcoming Renewal Term, including duration and price of such renewal. If you wish to cancel, you may do so as set forth in Section 8(b)(i) of our Terms of Service, located at: https://handsoffhosting.net/policies#Terms-Of-Service
- Domain Name Renewal. Domain names are set to AUTOMATICALLY RENEW five (5) days before the expiration date to ensure no disruptions occur since URLs will immediately redirect to a landing page if a domain expires.
- Please note that all payment methods that allow charges to be automatically applied will be charged five (5) days before the domain’s expiration date per the invoice UNLESS YOU CANCEL MORE THAN two (2) days before the renewal date (which is seven (7) days before the extension of domain name service is effective.) If your payment method of choice does not allow automatic payments to be applied, payment must be made manually on or before the invoice due date or the domain name may lapse.
- Charges. The Due Date for Fees for renewed packages is the package renewal date.
- Failure to Renew. Accounts that have invoices which are more than fourteen (14) days overdue will be suspended. If a suspended account is to be reactivated, all of the overdue invoices will need to be paid to make it current before the suspension is lifted. Accounts that have invoices more than two months overdue are considered abandoned and will be subject to termination.
3. RESPONSIBILITY FOR PAYMENT
- You are responsible for all charges, costs, expenses and other fees (the “Fees”) associated with your use of the Services once our Services are made available to you. Your first invoice is generated at the time you purchase the Services. An invoice, which will include the duration and price of such renewal for any Renewal Term, is generated fourteen (14) days prior to the first day of the Renewal Term (the “Due Date”) unless other arrangements have been made or a cancellation request has been submitted from the client portal. The invoice will also be available in the “My Invoices” section of the Client Portal. You are responsible for the fees and charges set out within the emailed invoice you pay on the Effective Date and any other invoice generated for a Renewal Term. If paying by credit card, Paypal Billing Agreement, or any other payment method capable of automatic charge, you will be charged on the Due Date. New Services, packages or domains that are ordered and unpaid after seven (7) days will be canceled.In the event that the customer fails to pay for services given, Hands Off Hosting may assign unpaid late balances to a collection agency for appropriate action. You agree to reimburse Hands Off Hosting for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses, if legal action is necessary to collect payment on balances due.
- In the event that the customer fails to pay for Services given, Hands Off Hosting may assign unpaid late balances to a collection agency for appropriate action. You agree to reimburse Hands Off Hosting for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses, if legal action is necessary to collect payment on balances due.
- Price Adjustments. To remain competitive, we occasionally make changes to our plans and pricing. To have your plan updated to current offerings please contact our billing team. We cannot go back and modify invoices that have already been paid but will be happy to modify your plan for new invoices.
- To remain competitive, we occasionally make changes to our plans and pricing for reasons that include, but are not limited to, fluctuations in non-US Dollar denominated currencies, as detailed in Section 7(b) below. No price changes will be effective without your consent in the middle of an initial term or any Renewal Term but prices may change between Renewal Terms. All price changes will be reflected in the emailed invoice sent to you before any Renewal Term begins.
- The charges, which may include an adjusted price after you consent to such adjustment OR a new Renewal Term starts, will be applied on the Due Date, as specified above. YOU MUST CANCEL YOUR SUBSCRIPTION TO AVOID AN INVOICE TRIGGERING PAYMENT OF THE ADJUSTED PRICE BEING PROCESSED FOR A RENEWAL TERM.
- You may also opt to change plans in the middle of a term or Renewal Term. We cannot go back and modify invoices that have already been paid but will be happy to modify your plan, and adjust prices for Services, for new invoices that have not yet been paid for any Renewal Term.
- Cancellation or Consent to Mid-Term Price Changes. In the event a material change in our business or our supplier’s prices or services requires us to alter our Services offering to you in the middle of the initial or Renewal Term, we will provide you a notice specifying the proposed change(s) in reasonable detail. In the event of such material change(s) to the Services, including but not limited to a change to the duration of the then-current term, the scope or type of Services being offered or the price for such Services, you will have thirty (30) days from the date of such notice to either: (i) consent to the change(s) and accept the altered terms for the Services from the date of your consent or (ii) allow the Services to be terminated after the thirty (30) day period expires. If you do not consent to the changes and accept the altered scope within the thirty (30) day time period, you acknowledge and agree that Hands Off Hosting may terminate the Services before the end of the then-current term without further notice or consent.
4. MONEY BACK GUARANTEE
- Certain Hosting Services carry an unconditional thirty (30) day satisfaction guarantee. To cancel your Hosting Services and receive a refund of our fees, you must contact us via the Client Portal within thirty (30) days from the Effective Date and a refund will be issued.
- If you cancel thirty-one (31) to ninety (90) days from the Effective Date, you will be issued a pro-rata refund of fees for Hosting Services based on the unused portion of the Hosting Services left on your current subscription.
- If you cancel after ninety (90) days from the Effective Date, you are not entitled to any refund and any refund you do receive is at our sole discretion.
- Refund requests received after one hundred twenty (120) days from the Effective Date will be issued via PayPal. Refunds are not offered for partial months of service. Accounts that are terminated due to violations of our Policies are not eligible for a refund.
- All third party fees, including domain registration fees, setup fees and migration fees, are non-refundable, non-negotiable and excluded from our Money Back Guarantee. Further, SSL certificates have a Twenty Five (25) day refund window from time of purchase.For free domain registration promotions (.com, .net and .org), the retail price of the domain $14.95 will be deducted from any refund amount upon cancellation. You will retain the domain registration.
Accounts that are terminated due to Terms of Service violations are not eligible for a refund or any service credits. Domain registrations, setup fees and migration fees are not refundable. Service credits have no cash value and are extended at our discretion. Service credits expire at the earlier of your account expiring, being terminated, or twenty-four (24) months from the date it was issued.
- All refunds are subject to the terms of service for any third party payment processor and those terms take precedence over the terms in the TOS and our Policies. In the event we are unable to refund any fees or charges via the method of payment, we will use commercially reasonable efforts to return or credit the appropriate funds to you.
- If you paid us by credit card we will credit the card on file. If you paid us by PayPal, we will take steps to refund the PayPal account. If you paid us through another payment processor, we will take steps to refund the appropriate fees through that payment processor. If the information we have on file for your account is not up to date, your refund may not be completed. Refund requests of payments made to Hands Off Hosting by bank transfer, check or money order or after one hundred twenty (120) days have passed on a credit card payment will be issued via PayPal only. If you cannot accept PayPal payments, you will not be eligible for a refund via other methods. Hands Off Hosting is not responsible for fees deducted from any refund processed by PayPal.
6. SERVICE CREDIT ELIGIBILITY
- Customers who at the time of the report of the claimed outage are not current on their invoices for the Services do not qualify for service Credits related to any outages.
- Customers who have not paid their invoices on time more than three times in the 12 months preceding the claimed outage are not eligible for service credits.
- In order to deliver a secure high performance hosting environment, we utilize certain automated systems to limit malicious and resource-intensive activity. In some instances, non-malicious activity can appear to be malicious and trigger our systems, which may limit your ability to use our Services as set forth in Section 3(d)(iii) of the TOS. Such limitations may result in bandwidth throttling or suspension or termination of your account, in our sole discretion. In these situations, any interruption, suspension or change in the availability of the Services will not be considered downtime and will not be eligible for a service credit.
7. PAYMENT METHODS; CURRENCIES
- We accept payment via Visa, MasterCard, Discover, American Express, JCB, Diner’s Club, PayPal, Skrill, PayULatam (Argentina, Brazil, Colombia, Mexico, Peru), UnionPay (for China-based customers), check, money order, and wire transfers. By providing us with your account payment information, you give us consent to charge you on the Due Date of any invoices linked to the account. Please see our invoice for wire transfer banking information. Returned checks will incur a twenty-five dollar ($25) fee per instance.We accept multiple currencies as found on our website. All fees for Services are calculated in US Dollars and, whenever possible, we will attempt to charge in the currency you select upon checkout unless the payment gateway does not support the currency, in which case, the currency will be converted to USD and charged in USD. Prices displayed in other currencies are shown according to exchange rates posted that day but may differ from your final rate given to you by your bank. Additionally, RATES ARE SUBJECT TO CHANGE, which may result in increases or decreases in non-US Dollar denominated prices charged for the Services. Further, you may be subject to additional fees or other charges assessed or imposed by the administrator of your selected method of payment. Hands Off Hosting is not responsible for these charges.
8. CHARGES FOR ACCOUNT UPGRADES, DOWNGRADES AND MIGRATIONS
- License. In connection with any data migration, you hereby authorize Hands Off Hosting to access your data for data migration purposes. Before requesting Services that may require a data migration to occur, you hereby agree to backup all of your data on both the source and the target servers, as appropriate.
- Upgrades. When upgrading to a higher-priced hosting plan, we will migrate your account to the new Service at no charge. The data center migration fee is also waived if you choose to move to a new data center during the upgrade process. Upgrade requests are processed and effective only after payment for the package price difference is paid. If you would like to move to another data center without upgrading your account, there is a twenty-five dollar ($25) migration fee.
- Downgrades. When downgrading to a lower-priced plan, the difference between the amount of the current package price already paid over the new package price will be placed on the billing account as a service credit. Refunds will not be issued and a twenty-five dollar ($25) downgrade migration fee may be charged. Please contact the sales or billing department if considering an upgrade or downgrade to determine what options are suitable and to discuss pricing.
- Migrations From Other Hosts. All migration-related work is included as a Service for purposes of our Policies.
- All complementary migrations require the user to provide cPanel account credentials for their previous hosting environment. Clients who migrate from non cPanel hosting environments may incur a charge determined by the migration team and assessed based on the complexity of the migration.
- Startup, Drive, Turbo Boost and Turbo Max clients receive 1 (one) complimentary migration. If the previous host does not provide cPanel access, a migration fee may be assessed.
- Reseller Hosting, Dedicated Hosting, and Managed VPS clients receive 25 (twenty five) complementary cPanel account migrations. Any such migrations related to A2’s Shared Web Hosting or Reseller Hosting Services are limited to thirty (30) gigabytes in size. Migrations related to A2’s Shared Web Hosting or Reseller Hosting Services that exceed thirty (30) gigabytes in size may be approved on a case-by-case basis upon A2’s sole and absolute discretion. If the previous host does not provide cPanel access or if you would like our team to migrate more than 25 (twenty five) accounts, a migration fee may be assessed.
- Other Migration Situations. Some clients have specific migration needs, depending on our migration workload, we may be able to accommodate those needs. In these cases, you may incur a charge determined by the migration team and assessed based on the complexity of the migration and your specific needs.
9. BILLING ERRORS; CHARGEBACKS
- If you discover an error on your invoice please notify us as soon as possible by either calling or submitting a ticket to our Billing Department at https://my.handsoffhosting.net/. We will honor invoice errors as long as we are notified of them within ninety (90) days. If more than ninety (90) days have elapsed we may decline the refund request. If a refund is in order it will go onto your account as a service credit to be used on a future invoice. Service credits have no cash value.
- If at any time you have questions or concerns regarding a charge from Hands Off Hosting, please contact us at 1-888-LINUX-HOST (1-888-546-8946) or 1-734-222-4678 or submit a ticket at https://my.handsoffhosting.net. Any received chargebacks will incur a fifty dollar ($50) investigation fee on the associated billing account and all services will be immediately suspended pending investigation. Hands Off Hosting may reject the future use of payment methods from an account for which a chargeback has been previously issued. Upon receipt of a chargeback or payment reversal, the account related to the payment may be suspended or terminated.