Host Moves, Terms of Service

TERMS OF SERVICE POLICY AND SERVICE GUIDELINES In order to provide the best possible service for our clients, we have to set forth some guidelines for everyone to follow. In the following terms, if you see "Host Moves", it is the same entity as HostMoves.com. Every account holder is bound by these terms and conditions. These terms and conditions supersede any statements made through chat, email, or contact of any kind with any Host Moves personnel. Additionally, this Registration Agreement ("Agreement") sets forth the terms and conditions of your use of Host Moves, (also known as HostMoves.com) to register a domain name on the Internet. This Agreement will become effective when accepted by Host Moves. WHO WE ARE This company is owned by people who hold to sound morals and is operated with that in mind. We do ask that your site does not have anything on it that openly mocks or contradicts fundamental Christian beliefs. CONTENT All services provided by Host Moves may be used for lawful purposes only. The transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, intellectual property, trademark, material we judge to be obscene or threatening, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Host Moves from any claims resulting from the use of the service which damages the subscriber or any other party. All sites must be family friendly. If your site contains material that is offensive to the average family community (such as extreme violence/gore, pornography, practices or religions considered to be occultic, anti-Christian religions, etc.), we will ask you to take it down and/or move your site elsewhere. Host Moves reserves the right to make the final decision on what can be placed on our servers. Holding an account on our servers does not constitute a continued obligation to provide services. Pornography and any sex-related merchandising and material is prohibited on all servers and sites hosted by Host Moves. This includes sites that may infer sexual content, or include links to adult content elsewhere. If pornography is found on our server, the offending domain will be deleted immediately with no warning and no refunds of money will be issued. Additionally, we prohibit sites that promote any illegal activity or present content that may be damaging to Host Moves servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links: * Pirated software * Hacker / Cracker programs or archives * Warez sites Host Moves will be the sole arbiter as to what constitutes a violation of this provision. At Host Moves's discretion, access to Host Moves's server (and your account) may be revoked at any time for abusive conduct on the system and / or the Internet and its resources as a whole. E-MAIL Spamming, or sending unsolicited e-mail or message board posts including, without limitation, commercial advertising and informational announcements, from our server(s) or using an e-mail address or domain that is maintained on a Host Moves machine as reference in that spam is STRICTLY prohibited. Domains and sites are subject to being canceled immediately off of our server as well as fined no less than $500.00 US. A user shall not use another site's mail server to relay mail without the express permission of that site. Host Moves will be the sole arbiter as to what constitutes a violation of these provisions. Pop email storage is limited to 90 days, at which time the 90 day old email will be deleted. HOSTING PACKAGE We reserve the right to alter the packages that we offer in any way without prior notice. CREDIT CARD DISPUTES (CHARGEBACKS) If you dispute the credit card charge that we charge for our services, we reserve the right to bring your web site / domain down as soon as we are informed of it. Disputed credit card charges damage our reputation and our relationship with the credit card processing company, and cause us to pay additional fees that can be avoided if there are no disputed charges. If you find a credit card charge from our company on our statement, please contact us to talk over a credit card charge if you feel that there is a mistake before you contact the credit card company. **DOMAIN REGISTRATION** 1. FEES (DOMAIN REGISTRATION) As consideration for the domain name registration services provided by Host Moves, unless otherwise noted, you will pay all applicable initial registration fees and renewal fees. We register your new domain through an ICANN approved registrar and you agree to pay us the listed cost of the domain on our sire per year for the total of the years that you are registering upon registration and then you agree to pay the listed cost on our site per year after that for every year that you use the domain. You will be notified (by email only) when renewal fees are due or if you have a hosting package with us for that domain, your account will be automatically debited 30 days prior to it's renewal time to be sure it gets renewed, and it shall be your responsibility to ensure that such fees are paid. If you do not respond or pay within the specified time period for registrations or renewals or if you have the charges reversed on your credit card after ordering the domain (even though you ordered it), the ownership of the domain will transfer to Host Moves and will not be available for purchase. You agree that Host Moves shall have no liability whatsoever with respect to any such cancellation, and that Host Moves may cancel or reassign the domain name in the event of any delinquency or abuse of these terms. We reserve the right to refuse any domain registration request at our discretion. All domain registration fees are non-refundable. Once the domain is ordered, we can not get your money back if you change your mind. To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule and dispute policy, and any rules or policies that are or may be published by Host Moves. You acknowledge that Host Moves may modify this Agreement if necessary at any time to comply with its Agreement with the registrar and ICANN, or for any other business purpose. 2. DISPUTE POLICY (DOMAIN REGISTRATION) When applying for a domain name, you warrant that the registration is not made in bad faith and that the name does not conflict with another domain name. You agree to be bound by the current Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at http://bulk.enom.com/terms/drp.asp. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. Bulkregister may modify the Dispute Policy in its sole discretion at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify, defend and hold Host Moves and Bulkregister harmless. 3. USE OF YOUR PERSONAL INFORMATION (DOMAIN REGISTRATION) As part of the domain registration process, you are required to provide certain information and to update this information as necessary to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the WhoIs data. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name and hosting. If you license use of a domain name to a third party, you remain responsible for providing your own full contact information and for providing and updating accurate administrative, technical, and zone contact information. You acknowledge that Host Moves will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that Host Moves may or must make available to the public or to private entities. Host Moves will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in Host Moves possession to review, modify or update such information. 4. USE POLICIES (DOMAIN REGISTRATION) Host Moves, reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity. You may not transfer your domain to another registrar within sixty (60) days of obtaining the domain name through us. 5. REPRESENTATIONS AND WARRANTIES (DOMAIN REGISTRATION) You represent and warrant that all information provided by you in connection with your registration is complete and accurate. Host Moves makes no representation or warranties of any kind in connection with this Agreement. Host Moves does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name. 6. BREACH AND REVOCATION (DOMAIN REGISTRATION) Any breach of this Agreement by you or the Dispute Policy must be remedied by you within 30 days of notice by Host Moves. If you fail to cure the breach, Host Moves may revoke your registration of the domain name. You also agree that Host Moves shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Host Moves receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, re-querying the revocation, suspension, transfer or modification of the domain name registration. Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Host Moves to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by Host Moves of a breach of any provision hereof be taken or held to be a waiver of the provision itself. AGENTS The client understands, acknowledges and agrees that by using the domain on or any service of Host Moves, client ratifies and is bound by this Agreement even if an agent (such as a webmaster, ISP, or employee) entered into this Agreement on the client's behalf, and even if client has not itself read this Agreement. Furthermore, client is responsible for all information submitted by its agent. Host Moves (HostMoves.com) will not cancel this Agreement, or refund any fees paid to it, because of errors or omissions of the agent in the registration process (e.g., if such agent provides incorrect information) or because of errors or omissions in changes to Registrant's client information, without client's actual consent, as such apparent authority will suffice to bind the client. By acting on the client's behalf, such agent represents and warrants to the client and Host Moves that the agent is authorized to bind client hereto and that it has fully and thoroughly advised client of the terms and conditions of this Agreement. You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement. SYSTEM AND NETWORK SECURITY Violations of the Host Moves system or network security are prohibited, and may result in criminal and civil liability. Host Moves will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. We reserve the right to investigate files in a customer's account at any time if we have any reason to suspect there may be activities or network security violations including, but not limited to: * Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. * Unauthorized monitoring of data or traffic on any system or network without express authorization of the owner of the system or network. * Interference with service to any user including, but not limited to, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. * Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. Host Moves reserves the right to report illegal activities to any and all regulatory, administrative, and / or governmental authorities for prosecution. IRC (Internet Relay Chat) - We currently do not allow IRC or IRC bots to be operated on our servers. AGE - The client must be 18 years of age to obtain our hosting services. SERVER ABUSE - Any attempt to undermine or cause harm to a server, or customer, of Host Moves is strictly prohibited. NEWSGROUP SPAM - Posting the same or similar message referencing your domain hosted with us in any way to one or more news groups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited. WEBCAMS - We do not allow webcams due to their high bandwidth usage. TRANSFER We reserve the right to ask you to move your domain or upgrade to another server option that suits your needs if your site takes up more than a fair share of the server resources (over 10%). This can include excessive use of cgi resources, system resources, or excessive use of bandwidth. Please read our transfer policy. It is incorporated into these terms by reference. You must agree to that policy prior to becoming a client. DATABASE USAGE Database usage is limited to the size your domain allows. This is a soft policy, meaning, your usage may exceed this without disruption to the database, but you may be contacted and asked to reduce the size of the database. SERVER RESOURCES If at any time, your site is consistently using a majority of the servers resources, you may be moved to a different network within Host Moves to better serve your needs. IP NUMBERS Host Moves maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. (you retain the ownership of your domain name and all material owned by you contained in your site) INDEMNITY You agree to defend, indemnify and hold harmless Host Moves and any applicable domain name registry and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy. We do not own your domain name nor do we want to (unless you do not pay for it and we have to transfer the ownership to us - see the section on domain registration above) and we do not claim ownership of your content. It is completely yours. All content on your web site is considered a publication of yours and we are not to be held responsible for anything you present on the web through your domain in any way. LIMITATION OF LIABILITY (Domain Registration) YOU AGREE THAT Host Moves AND/OR BULKREGISTER OR Enom WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO Host Moves/BULKREGISTER'S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND Host Moves; (e) EVENTS BEYOND Host Moves CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHERMORE, Host Moves OR BULKREGISTER WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Host Moves HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Host Moves MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Host Moves, FOR REGISTRATION OF YOUR DOMAIN NAME. TO THE EXTENT APPLICABLE STATE DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW. LIMITATION OF LIABILITY (Hosting) Host Moves shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Host Moves servers going off-line or being unavailable for any reason whatsoever. Furthermore, Host Moves shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site or files from one of Host Moves servers. All damages shall be limited to the immediate termination of your service. We will always do our best to keep things running smoothly and to ensure that your web experience is the best. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Number, Password or security authentication; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability resulting from failure of our backup system*; (7) loss or liability relating to the deletion of or failure to store e-mail messages; (8) loss or liability resulting from the development or interruption of your Web site; (9) loss or liability from your inability to use our mail service; or (10) loss or liability from the use of our mail service; or (11) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or re-registration fee. * We try to keep timely backups of our servers but there is a rare possibility that a backup will be corrupted or missing. Host Moves encourages you to keep backups of all your files as a safety measure. CART XPRESS Cart Xpress comes with several pre-installed modules for payment, shipping, order total and connectors. Contribution modules available from oscommerce.com are not covered under the LIMITATION OF LIABILITY (Hosting). Please install at your own risk. Your shopping cart warranty is limited to the LIMITATION OF LIABILITY (Hosting). REFUSAL OF SERVICE Host Moves shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Host Moves reserves the right to terminate any account at any time for no reason. Host Moves reserves the right to delete all content and files upon termination. Host Moves reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Host Moves reserves the right to refuse, cancel, or suspend service at our sole discretion. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Host Moves may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Host Moves as reflected in the original provision. This Agreement and all rights hereunder shall be governed by the laws of the State of Tennessee. Any action relating to this Agreement or to your use of the Host Moves site shall be brought exclusively in the courts of Tennessee in the USA. Host Moves reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent. This Agreement, the Host Moves fee schedule, the hosting terms of use and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Host Moves, and supersede and govern all prior proposals, agreements, or other communications. All Sub-Networks and distributive hosting sites of Host Moves must adhere to the above policies. ** ABUSE - Complaints regarding Illegal Use or System or Network Security issues and complaints regarding email abuse or SPAM should be sent to us. Failure to follow any term or condition will be grounds for immediate shut down. **BILLING POLICY** By clicking the submit button, you are hereby granting us permission to charge your credit card number that you gave us at the intervals specified until you send us a cancellation notice 30 days before the next billing date. Transferring your domain to a new host does not cancel your account with us. We do not know that you want to cancel your account unless you notify us through the helpdesk. Your account username and password is required to cancel for your safety. You agree that you will keep up with when your next billing date is and be responsible for having the funds available when your card is billed for your next term. We do NOT send invoices via postal mail. We only use email to communicate billing issues. You agree that you will pay the amount indicated on time or we will be forced to suspend and eventually delete your domain from our system. Non-payment will always end up with a domain deletion. You will normally get billed monthly (or yearly according to the plan you chose) on the anniversary date of signing up. If you are having trouble paying your bill, please let us know. Don't just stop communicating with us. I am sure that we can work something out! Accepted Payment Methods: We are currently using Paypal.com to process transactions for us. If you are a songwriter canceling hosting services, you must cancel the songwriters services separately through your songwriter administrative area at PHGM Service. Suspension Policy for overdue accounts: 1. Accounts that are 60 days past due will be subject to suspension. 2. New accounts for which payment has not been received are subject to suspension after 10 days. 3. Accounts for which payment is not remitted 10 days past suspension will be deleted from our servers. 4. In the event a customer requires files from a deleted account, a $35 backup fee will apply if a suitable backup can be found. There is no guarantee that a suitable backup will be found after an account has been deleted. 5. We will send any suspension notices/correspondence to the email address we have on file. We do not send any correspondence through regular postal mail. Refund Policy for cancelled accounts: 1. For NEW accounts that are cancelled within 30 days of the original order date we will give a full refund of the hosting fees if your PayPal account is still active. Registration fees for domain name registrations are NON-REFUNDABLE. 2. All domain name registration fees are non-refundable, once a domain name registration is submitted there is no option to cancel it. For this reason it is extremely important to carefully check the spelling and accuracy of all new domain name registrations, and be sure you definitely want the domain name before submitting the order. 3. For annual prepaid accounts we refund the unused portion of hosting fees if at the time of cancellation the remaining amount is equal to six months hosting or more; if the account is cancelled during the final month of the annual cycle no refund will be issued. 4. For monthly paid accounts we only refund unused hosting fees if the account is cancelled before the first day of the billing cycle. If the account is cancelled within 3 days of the first day of the billing cycle AND the cancellation form includes a request to please refund remaining fees if any are available, a credit may be issued upon our approval. If the account is more than three days into the billing cycle no refund is issued. 5. We do not refund hosting fees in the last month of your contract. 6. Due to the costs of setting up and canceling accounts, if you have cancelled any account with Host Moves more than 3 times, we may request that you either sign and fax in a yearly contract or pay a $50.00 non refundable set up fee for each additional account that you set up. By submitting your order, you agree to abide by our terms and conditions and realize that if it is a new domain (not registered yet) that there is a domain registration fee in addition to the hosting fees for the package you choose.