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Legal


Terms of Service

Modification

Host Tornado reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changes Host Tornado may reasonably make to this agreement when such changes are made. If you have purchased services or software from Host Tornado, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.

Satisfaction Guaranteed

100% Money Back Guarantee Statement
If for any reason you are unhappy with the services you receive from Host Tornado during the first 30 days of service, you may request in writing via email or by our cancellation form (as mentioned below) that your services be discontinued at which time you will receive a full refund. You must also state a detailed reason as to why you are cancelling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel.

New Accounts

All new web hosting accounts purchased on our order page are set up instantly and if any problems arise within 24 hours by our account administrators. You will receive two (2) emails including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and Host Tornado, this process may sometimes be delayed.

Domain Names and Domain Transfers

In order for your domain name to point to the Host Tornado server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. These DNS are located in your welcome email and they are defined in a pair (primary- ns1.hostt.net and secondary- ns2.hostt.net).
Please be aware that the above process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to Host Tornado and away from your original registrar. You must create an account at Host Tornado and initiate a transfer. A domain transfers vary in price and that price goes toward one year of registration with Host Tornado, added on to your current registration period with the previous registrar.
Host Tornado will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Host Tornado does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. If you have any questions at all about DNS changes or domain names in general, please open a ticket at our helpdesk by clicking here.

Free Domain Names

A few of our shared hosting packages include a free domain name for the life of the account. The following domain extensions can be used for the free domain:
.us, .be, .co.uk, .eu, .us, .it, .pw, .de, .fr, .pm, .tf, .wf, .yt, .re, .net, .info, .com, .biz, .nl, .org, and .in
Due to domain prices constantly changing we can not gaurantee which extensions will be available to use under the free domain. We will make every effort to keep this list updated, but sometimes there may be an extension that has increased in price that cannot be used as a free domain. If you would like to know if a domain extension qualifies, please open a ticket at our helpdesk by clicking here.

Content

Host Tornado believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of what your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individualy, which have growing and evolving content, is impossible. However, if Host Tornado is made aware of any questionable content on a Host Tornado hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a Host Tornado server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.

Liabilities

Host Tornado makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Host Tornado be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department. You may visit our helpdesk by clicking here.

Payments and Agreement to Pay

As consideration for the software or services purchased by you and provided to you by Host Tornado, you agree to pay Host Tornado at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. Host Tornado expressly reserves the right to modify pricing through email notification and/or notice on its web site. You may make payment by providing either a valid credit card or PayPal email address.

Shared hosting, reseller hosting, dedicated servers and collocation services are all billed on an automatic basis current with your sign up date. Host Tornado will automatically renew your services when they come up for renewal and will take payment from the payment method you have on file with Host Tornado at Host Tornado current rates.

If for any reason, Host Tornado is unable to charge your payment method for the full amount owed, or if Host Tornado is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that Host Tornado may peruse all available remedies in order to obtain payment. You agree that among the remedies Host Tornado may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or services registered or renewed on your behalf.

You agree that you are solely liable for arranging that your services are renewed, and that Host Tornado shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received. Once you submit a cancellation request you will receive an email (usually immediately) confirming your cancellation.

Late Payments

If at any time, your hosting payments become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation. Please note that Host Tornado holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances.

Accounts are at risk for suspension of service if payment for hosting is not received 5 days after the due date.

Shared/Reseller Accounts 5 days past due will be assessed a late fee calculated at 30% of the balance due to re-activate service.

Dedicated Server Accounts 5 days past due will be assessed a $50.00 USD late fee to re-activate service.

VPS Accounts 5 days past due will be assessed a $10.00 USD late fee to re-activate service.

If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A $50.00 charge back fee will be added to the amount disputed by the customer.

We only accept credit cards, debit cards, Google Checkout or PaypPal for payment of services. Yearly plans renew automatically and are charged to the most recently updated credit card (or Paypal address) on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.

Any debt not paid 90 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 USD collection fee added to the balance previously due.

Please note that Host Tornado holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances.

PLEASE ADDRESS ANY QUESTIONS REGARDING PAYMENTS TO OUR ACCOUNTING DEPARTMENT BY OPENING A TICKET AT OUR HELPDESK (HERE).

Dedicated Servers -

All dedicated server and collocation server invoices will be generated by the 30th day of each month.

All server invoices are due on the first of the month unless otherwise specified on your invoice.

Invoices are considered as late after the 4th day of the month. After this date, past due clients will be subject to suspension and a $15.00 late fee will be applied.

Suspensions will run between the 5th through the 7th day of each month. We avoid running suspensions over the weekend in order to avoid inconveniencing our clients with prolonged downtime.

Overage Charges

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.

Cancellations

Shared/Reseller/Dedicated/VPS/Colocation Accounts - If you wish to cancel your services, you must contact us here five (5) business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly.

If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of Host Tornado staff 2) by fault of the credit card processor 3) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.

Refunds/Account Termination

If, for any reason, Host Tornado fails to deliver said services to you, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces Host Tornado to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a refund for the remainder of the billing period. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated refund based on the monthly rate of the same hosting plan. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If an account has been upgraded or downgraded during the monthly billing cycle whichever amount is greater will be considered the monthly payment. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period. Due to processing times from our credit card processor, any other possible unforseen issues or fraud detection efforts, it may take up to 30 days before a refund can be approved.

Bandwidth Usage Policy

All dedicated and colocated servers are given access to bandwidth graphs which are updated in five minute intervals.

All leased and co-located server plans include a specific continuous allocated data transfer rate. Depending on the plan that you have the bandwidth usage included may vary. For example purposes, a plan with an allocated bandwidth of 1,500 GB of data transfer monthly is equivalent to a transfer rate of 4.5 Mbps in a 30-day calendar month. If your monthly usage exceeds the bandwidth transfer rate of 4.5 Mbps within your monthly billing cycle, you will be billed for overages exceeding 4.5 Mbps based on 95th percentile metering. In accordance to these terms of service, you are liable and agree to pay such overages at the rate of $75.00 per 1 Mbps of bandwidth.

Example:
Bandwidth Allocation 4.5 mbps
Bandwidth used for x month = 5.0 mbps (based 95th percentile metering)
Bandwidth overages = 5.0 mbps - 4.5 mbps = 0.5 mbps
0.5 mbps x $75.00/mbps = $37.50
If you anticipate high bandwidth usage, please contact our sales department via our helpdesk for further information on the availability of other plans with higher bandwidth allocations for lower rates.

Note: For calculation purposes, our accounting system defines one month as 30 days. Based on this definition the rate of 1 Mbps of continuous data transfer in a one month period is approximately 333.33 GB of bandwidth a month.

Further in-depth information on 95th percentile metering may be found on the following site: https://en.wikipedia.org/wiki/Burstable_billing

Reseller Plan Limits


The primary cPanel account of our reseller plans include 5GB of disk space, 10 GB of bandwidth, and 3 Parked Domains in addition to the reseller resources advertised. These complimentary resources are provided as is, and may be forfeited in the event that these resources are exceeded.



Terms of Service is effective as of October 4, 2010

Terms of Service last updated 11/12/2012

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