Terms and Conditions
Please read this Agreement carefully prior to ordering or using any iBeeHost Services
This Agreement (“Agreement”) is a binding agreement between iBeeHost.com (iBeeHost) and the person or entity (“you” or “your”) on whose behalf this Agreement is executed. This Agreement governs your use of any and all services and/or support provided by iBeeHost, including but not limited to web hosting, reseller plans, dedicated cloud servers, data centers, virtual private servers, domain names, and/or web design (“Services”).
Please read this Agreement carefully prior to ordering or using any iBeeHost Services. This Agreement and any subsequent modifications thereto, exclusively govern your use of the Services subject to applicable local, state, and federal laws. This Agreement represents the complete agreement and understanding between you and iBeeHost and supersedes any other written or oral agreement. If you do not agree to these terms and conditions set forth in this Agreement, you MUST notify the iBeeHost Billing Department email@example.com to arrange for a closure of your account. You shall continue to be bound by these terms and conditions until your account has been closed by iBeeHost and confirmation provided with respect to the same. USE OF YOUR ACCOUNT at any time shall constitute your acceptance and approval of the terms and conditions set forth in this Agreement.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you and iBeeHost agree as follows:
Cancellation of Services by IBeeHost:
- IBeeHost reserves the right to cancel services at any time without prior notic.
- Any unused fees for services may be refunded on a pro-rated basis at the discretion of IBeeHost.
- Certain fees such as domain name registration/transfer, domain protection, SSL certificates, etc. are non-refundable.
- If an account is canceled and the user re-registers without the express written consent of IBeeHost, IBeeHost may cancel the account and keep all fees paid to date as a forfeiture.
- Domain name registration/transfer, domain protection, site builder, setup fees, activation and reactivation fees, license fees, upgrade/downgrade/migration fees, and premium support services are not refundable.
- Requests for free or optional services must be redeemed at the same time as the package start date or upgrade to a new package, or the right to such services will be waived.
- Examples of non-refundable services include free domain registration, SSL, static IP, domain ID protection, etc.
- Within the first 30 days of being an IBeeHost customer, a full refund for hosting services (excluding the service fee section) will be given upon request through the cancellation form.
- Within the first 180 days of being an IBeeHost customer, a pro-rated refund for unused hosting fees based on standard pricing will be offered upon request to the IBeeHost Billing Department.
- The starting date as an IBeeHost customer is defined as the earliest date that you became a client.
- Domain registration, transfer, and ID protection, private SSL, service fees, additional static IPs, additional site builder licenses, and licensed products purchased through IBeeHost are excluded from refunds.
- Closure of an account does not automatically guarantee a refund of any fees paid.
Non-Transferability of Accounts
- IBeeHost accounts cannot be transferred or used by anyone other than the subscriber.
- Not allowed to sell, lease, rent, or assign accounts to another party who has not agreed to be bound by this agreement.
- Shared hosting accounts cannot be used for resale purposes.
- Violations of these provisions can lead to suspension of account.
- All hosted sites must be registered with the same entity unless authorized in writing by IBeeHost.
- Transfer of account/hosting service/domain name must be approved by IBeeHost Billing Department ( firstname.lastname@example.org ).
Indemnification of IBeeHost
- You must indemnify, defend and hold harmless IBeeHost and its affiliates from any claims, demands, action, damages, liability, loss, costs, or expenses, including reasonable attorneys’ fees
- This is due to any breach or violation of the agreement by you Including, but not limited to:
- Any events described in the agreement
- Any breach of the agreement by you
- Any information or data loss submitted, posted, transmitted, or received through IBeeHost's services
- Your use of any service offered by IBeeHost
- Your violation of any third-party rights
- Any act or omission by you or your agents.
- IBeeHost services can only be used for lawful purposes.
- Transmission or publication of information, data, or material that violates federal or state law is strictly prohibited.
- This includes copyrighted material, trade secrets, threatening material, obscene material, adult-only material, pornography, child pornography, links to these materials, etc.
- IBeeHost reserves the right to remove any materials that infringe copyright or violate other laws.
- Non-acceptable content includes hacker applications/archives, "Warez" sites, proxy applications, IRC, Rapidleech, torrents, torrent listings, spam applications, etc.
Warrant to iBeeHost
- You will not disrupt IBeeHost, its associated networks or equipment or other users of IBeeHost services.
- You will maintain the security of your files and content and keep software up to date.
- You will not use excessive system resources and will limit processes if deemed necessary by IBeeHost.
- You will not use IBeeHost services in a disruptive, damaging, unlawful, offensive, or intrusive manner as determined by IBeeHost.
- You will not send unsolicited mass mailings or the same or similar messages to a large number of recipients or news groups.
- Material submitted for publication using IBeeHost services must not violate or infringe any rights or contain anything obscene or libelous.
- You must be over 18 years old or a parent or guardian of a user under 18 years old to enter into this agreement.
- You will cooperate in investigating any material that may infringe on third-party copyrights.
- You will comply with other organizations' networks or computing resources and their respective permission and usage policies.
- For new domains, an annual non-refundable registration fee is payable.
- The fee will appear on the billing statement unless prior arrangements are made with customer service.
- It is the client's responsibility to cancel the renewal within 7 days prior to the renewal date.
- Any processed renewal will not be refunded.
- The client must contact IBeeHost in case of an expired domain name for information on continuation/cancellation of the service.
- You agree that IBeeHost may identify you in any relevant subscriber directory.
- Hosting space is limited to Web files, email, and website content
- Not to be used for storage of media or other data, or for mass email/solicitation
- You are responsible for removing files that do not meet these requirements and adhering to disk usage limits
- MS SQL remote management connection should be used only for managing your MS SQL database and not for remote SQL storage for other sites/applications
- Violating these rules may result in removal of materials, discontinuation of services, or account suspension.
- You must use the provided Form to formally notify IBeeHost of any cancellation
- IBeeHost will automatically renew your account one month before the expiration date unless a valid cancellation is received
- Orders for previously canceled accounts will not be processed
- Credit card or PayPal chargeback will result in automatic cancelation and deletion of the customer’s account
- A $25 re-activation fee will apply to suspended accounts due to non-payments
- There will be a $25 reinstating fee for any canceled account
- Transferring your domain to another provider does not cancel your IBeeHost account
- Suspended accounts will be automatically terminated after 3 months, resulting in permanent removal of all data including backups.
IBeeHost reserves the right to charge the following non-refundable fees:
- Domain Migration: $20.00
- Hosting plan migration: $20.00
- Account Upgrade/Downgrade/OS change to cancel account: $30.00
- VPS/Cloud recreation (when caused by client): $30.00
- Reinstating fee for canceled/suspended package: up to $30.00
- Late Payment Charges: up to $20.00
- Reinstating fee for canceled account: $50.00
- Reinstating of a Chargeback or Reversal: $50.00 (in addition to reinstating fee)
- Web builder cancellation fee if already activated: $20.00
- Account Recreation Fee: $20.00
- Premium Support Service: $100/hour
- Late Payment Charges and Package Reinstating Fee will be automatically applied based on account standing/history
- All fees listed in the Service Fee section are charged only upon demand and with client's knowledge
- 7-day grace period after due date to clear the invoice, after which Late Payment Charges and account suspension will occur
- Extra charges may apply if unsuspending before clearing the invoice.
- IBeeHost may communicate with the client through email for billing, network changes, additions and modifications.
- The client is responsible for providing a valid and operational email address and checking it for emails from IBeeHost.
- The client must inform IBeeHost of any changes to their account, such as phone number, address, or credit card information.
- The client may be required to provide verification for security purposes before making changes to their account.
- The use of profanity or abuse towards IBeeHost employees will result in a complete block from support and may lead to account cancellation without a refund
Backups and Data Loss
- IBeeHost is not responsible for files or data loss.
- It is the client's full responsibility to transfer files and data and maintain backup files of their own account.
- Backups are used solely by IBeeHost for emergency or server restoration.
- There will be no backups for accounts that have been suspended or terminated.
- IBeeHost will not be responsible for data loss related to accounts with past due invoices or suspended due to non-payment.
- IBeeHost will not be responsible for any data loss.
- The Uptime guarantee for a shared hosting account is 99.9%
- Request for credit on the account can be made if uptime falls below the guarantee
- Uptime is defined as reported hardware and network availability, not individual service uptime
- Third-party monitoring services reports may not be used for justification
- Request for credit must be made by opening a support ticket with justification based on IBeeHost's terms and conditions
- Credit approval is at the discretion of IBeeHost.
- By using IBeeHost services, you agree to binding arbitration
- The arbitration will be conducted by an arbitrator from the American Arbitration Association or the National Arbitration Forum in the state of California
- The arbitrator will be selected according to the applicable rules and shall be an attorney or retired judge
- The arbitrator will be selected by IBeeHost for all disputes or claims against IBeeHost or its subsidiaries
- The decision of the arbitrator will be final and binding on all parties
- The Federal Arbitration Act governs all arbitration, not state arbitration law
- The client is responsible for all costs related to the arbitration.
Disclaimer of Warranties
- IBeeHost makes no warranties for its services
- All services are provided on an "as is" and "as available" basis
- IBeeHost does not promise, represent or guarantee the services or software provided
- Your use of any IBeeHost service is at your own risk
- No warranty that the services offered by IBeeHost will:
- Meet your requirements or expectations
- Be uninterrupted, timely, secure, or error-free
- Be accurate or reliable
- Correct any errors or defects in the services
- No advice or information provided by IBeeHost or its agents creates any expectation or warranty that contradicts the above disclaimers.
Limitation of liability
- IBeeHost will not be liable for any indirect damages, such as lost profits, data loss, down time, etc.
- This includes damages resulting from:
- The use or inability to use their services
- Breach of warranty to a third party in regards to goods or services sold by you with their services
- Unauthorized access to or disclosure of your data with their services
- Any other matter relating to iBeeHost services
- The relationship between you and IBeeHost is that of independent contractors
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is created by this agreement
- Your right to use IBeeHost's services is non-transferable.
- You cannot assign or transfer this agreement to a third party without IBeeHost's written consent.
- IBeeHost has the right to assign this agreement at will.
Binding Obligation and Authority
- You represent and warrant that you understand and legally agree to the terms of this agreement.
- If registering on behalf of a company, you confirm that you have the authority to bind the company to this agreement.
- This agreement will be binding upon both parties and their respective officers, directors, employees, representatives, successors, and assigns.
- Notices to you can be sent via email or regular mail
- Notice of changes to the agreement or other matters may be displayed on the website
- IBeeHost can modify the terms and conditions, prices, and scope of services at any time without prior notification
- Notices to IBeeHost can be made through the designated contact information.
- IBeeHost is not responsible for any delays or failures in performing its obligations under the Agreement due to events of force majeure or any other cause outside of its control.
- IBeeHost is the exclusive owner of all services offered, unless under license
- Customer is not considered an owner of any IBeeHost services or property
- Confidential communications with IBeeHost personnel via e-ticket, email, and live chat are property of IBeeHost and cannot be disclosed or distributed to third parties without their express written consent.
- The entire agreement between the parties with respect to the use of IBeeHost services is outlined in this agreement.
- All prior proposals, negotiations, conversations, and agreements concerning the same subject matter are superseded by this agreement.
- This agreement may be amended by IBeeHost at any time by posting a new version on their website.
- If any part of this agreement is found to be invalid or unenforceable, it will be reinterpreted or removed if necessary to make it enforceable in that jurisdiction.
- The rest of the agreement will still remain in effect and not be affected by the removal of that provision.
- The section headings in this Agreement are only for convenience and do not form a part of the agreement
- They will not have an effect on the interpretation of the agreement.
- IBeeHost will not enforce a provision of the agreement now or in the future does not mean it gives up the right to do so.
- Any legal action related to this Agreement must start within one year of the issue arising or it will be permanently barred.
- Provisions on representations, warranties, indemnification, disclaimers, ownership, and limitations on liability will continue to apply even after the Agreement is terminated, unless specifically stated otherwise.