#

SpexHost Terms of Service

Last Updated: August 6th, 2018

By creating an account at SpexHost you completely agree to all Terms of Service laid out below. By using or continuing to use any SpexHost service, you automatically agree to any and all conditions set forth in this document.

All services provided by SpexHost may only be used for lawful purposes. The laws of the State of New York, the State of California, and United States Federal Law and International Law apply. In the case of arbitration or litigation, it shall be at the discretion of SpexHost which court or entity shall be used.

Customer agrees to indemnify and hold harmless SpexHost, LLC from any claims resulting from the use of our services.



Billing and Payment for Services Rendered

Not-To-Renew Requests

i. Your accounts will be automatically re-billed on the payment cycle you select at sign up unless you request a cancellation of service.
ii. You may contact SpexHost Billing Department regarding a request to cancel prior to the next billing period. iii. You are responsible for cancelling all active PayPal Subscriptions and scheduled payments, even after placing requests to cancel.
iv. SpexHost cannot be held liable for your failure to properly cancel a service.


Cancellation

i. You may cancel your account or any active service at any time with Company via our Billing Section. A request to cancel must be received at least 24 hours prior to the end of your current billing cycle.
ii. All requests must be sent in writing via the "Cancel Package" action in our Billing Section.
iii. Account(s) will be active until you cancel your account(s). You are responsible for all fees associated with your account(s), including fees which result in you forgetting to cancel your account, or forgetting to cancel your recurring subscription. Once request to cancel is received, your account will be removed either immediately or at the end of the billing cycle, depending on when you specified.
iv. Dedicated server accounts must be cancelled at least 3 (three) days prior to the next billing date.


Non-Payment

i. As a client of SpexHost, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.
ii. SpexHost provides a 2 day grace period from the time the invoice is due to when it must be paid. Any invoice that is overdue past 2 days will result in account suspension. Any invoice that is overdue for 7 days and not paid in full will result in a $10.00USD late fee and/or account termination.
iii. SpexHost reserves the right, at any time, and at its sole discretion, to suspend any and all packages relating to you if any recurring payment fails.


Identification

i. SpexHOst, at its sole discretion, may require Identification to be provided in order to process your order.
ii. Identification must be a form of a government issued ID (Driver's License, Non-Driver ID Card, Military/Police ID, Passport).
iii. This Identification will be used to verify your information and allow us to accept payment on your behalf.
iv. SpexHost may choose to not process any order when: Requested Identification is not presented within a reasonable manner or time-frame, or the Identification presented is not acceptable.


Customer Eligibility

i. All Account holders must be at least 18 years of age. Minors must have a parent or guardian open an account and authorize the use of that account by the minor. Adult account holder will be held legally and financially liable for any and all actions taken by, with or through use of said account.
ii. You may not open an account with us if it is not legal within your Country to do so.



Content and Access on our Servers

Management & Backup of Data

You are solely responsible for the management and backup of all data, and all updates, upgrades, patches etc.


Abuse

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket or email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at abuse@spexhost.com and we will be happy to assist you.


Policies and Reserved Rights



Interruption of Service

SpexHost is not liable for any temporary delay, outages or interruptions of any any all of your services.


SLA/Uptime Guarantee

SpexHost gives a 100% uptime Guarantee for all services hosted on our Exclusive Premium Network. Servers outside this network are not covered under our SLA/Uptime Guarantee. You are responsible for requesting compensation for any downtime and it shall be at the sole discretion of SpexHost as to what compensation shall be provided for any downtime. The compensation provided by Company shall not exceed the total cost of one month of service paid by you.
Eligibility for SLA guarantee are:

  • SpexHost extends this SLA to its direct clients only.
  • SpexHost offers SLA credits for use in future billing cycles only and are non-transferrable nor can be exchanged for currency.
  • SLA gets calculated from the time a ticket is opened regarding issue to the time issue is resolved.
  • Accounts not in good standing are not eligible for any SLA credit.
  • Violation of the AUP/TOS in connection with a server disconnection does not make you eligible for our SLA.
  • All SLA claims must be made through SpexHost's client area (billing center).
  • All SLA claims must be made within 5 business days of downtime.
  • SLA claims can only be made by authorized clients on your account.
  • SLA applies when downtime is due to network and hardware failure and not initiated or caused by you.
  • Upgrades to packages and hardware are not eligible for SLA credit unless downtime is over 4 hours.
  • Scheduled or Emergency maintenance by SpexHost is not eligible for SLA credit.
  • Acts beyond SpexHost's control, including but not limited to weather, natural disaster, and war are not eligible for SLA credit.
  • SpexHost's SLA is subject to change or be revised without notice.

Respect Policy

Customer is required to treat all corporate and volunteer staff with respect and address them in a polite manner. Anyone found violating this policy, at the sole discretion of SpexHost management, may have their account suspended or terminated with no refund.


Refund Policy

All sales with SpexHost are final. SpexHost is solely responsible for determining if refunds are to be issued. You are not entitled to a refund if your account has broken the Terms of Service or Acceptable Use Policy. Any and all disputes regarding our service are to be resolved within our Billing Section. Any disputes, claims, or charge-backs initiated by you will result in immediate account suspension and/or termination, loss of a chance for any refund, and you (and their organization) shall be banned from using our service.


Money Back Guarantee

SpexHost offers a fifteen-day Money Back Guarantee. All requests must be submitted in writing to our billing department. This guarantee does not cover any dedicated server package or domain registrations. If your hosting plan included a free domain name and you cancel the Services, there is a non-refundable $25 domain fee. This fee not only covers our own costs, but you are welcome to keep the domain name and transfer it or point it to elsewhere.


Life Time Domains

For certain web hosting plans, you may receive a free domain name. The domain name will remain the property of SpexHost at all times. Life Time Domains are only valid for the following Top Level Domains (TLD): .com, .net, .us, .mobi, .biz, .ca, name, .org. Life Time Domains may be transfered to another registrar of your choice after a non-refundable $25 domain fee has been collected by SpexHost.


Domain Registrations

i. Domain packages will be invoiced, charged and renewed one month before the domain expires.
ii. You areresponsible for any and all costs for domain renewal, including redemption fees due to you renewing your domain after it expires.


Misc. Policies

i. Violation of any of these terms is grounds for account termination and possible legal action.
ii. SpexHost reserves the right to notify law enforcement authorities of violations.
iii. SpexHost reserves to right to deny full or partial service to anyone at their sole discretion.
iv. SpexHost reserves the right to review any and all files that reside on SpexHost servers at any time with or without prior notification to you and to remove any files that violate these policies.
v. Any material that, in our judgement, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
vi. In extreme circumstances, and in an effort to prevent the misuse of Server Resources, SpexHost will immediately suspend your services including without limitation to Shared Hosting which excessively overuses server resources. SpexHost will remain the sole arbiter as to what constitutes a violation of this policy.
vii. SpexHost reserves the right to limit IP allocation based on justification requirements, account age, and account history.
viii. SpexHost reserves the right to change these Terms of Service at any time. You arebound by these Terms of Service immediately upon modification. At your request, we will send you copies of the changes between the current and former Terms of Service agreements.

Acceptable Use Policy

You are required to follow our Acceptable Use Policy (AUP). All resellers, clients, users, and sub networks of the services, servers, and IP addresses provided by SpexHost are subject to this AUP and any attempted or actual violation of this AUP by any person or party on your behalf with or without your consent shall be a violation of this AUP by you.

By submitting a request for service, paying for, accessing and/or using services of SpexHost, you accept and agree to be bound by all the stated and/or implied terms contained herein.