TERMS & CONDITIONS
These Terms of Service (the “Agreement”) are an agreement between HostingFest.com, PLC (“HostingFest” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by HostingFest and of the HostingFest.com website (collectively, the “Products” and “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Under the European Union General Data Protection Regulation (GDPR), our Data Processing is also part of this Agreement. The Incorporated Agreements are incorporated into this Agreement by reference. You are responsible for including these provisions in your agreements with your customers and users (End Users), and for all acts of your End Users under this Agreement.
Since 2004, websites hosted through HostingFest, PLC. have had a less than 1% average downtime. All hosting accounts have a full money back guarantee, upon cancellation within 30 days of payment, if the account holder is not satisfied for any reason. The amount refunded will be the dollar amount paid to HostingFest, PLC., by the account holder, less the bandwidth used by that account for the first 30 days of service. Domain registration fees are not refundable. If we register a domain name, on your behalf, as part of a free registration promotion – you must keep your domain name under our current domain name registration services. Cancellation or termination of your account will void the promotional offer and you will be charged $20 for your domain name registration.
You may cancel your hosting account at anytime. Refunds for accounts cancelled after the first 30 days will be granted less the dollar amount for 1/12 the annual hosting account price, times the number of full and partial months the account was active. Any bandwidth overage will be deducted before refund is granted. In other words, HostingFest, PLC. will refund you ONLY for the full months that you have not used.
You are responsible for making sure that we have your current and correct contact information on file, by frequently logging into your billing account. We reserve the right to send announcements and invoices relating your hosting account and domain name with us. No more than twice a month we may email you information on promotions or discounts relevant to your hosting or domain account with us. We ask that you not report these messages as spam to spamcop or any other similar service, because that makes more work for us and less benefits for other customers. Doing so may be considered grounds for termination of your account. HostingFest will NOT give your email address or any other contact information to any third party except under the direction of law enforcement officials.
For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller / subject to the GDPR.
We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. Any network problem, or outage will not be grounds for reimbursement for any subsequent financial damagesor losses. Although we take regular backups all account data backups are the account holder’s responsibility. HostingFest, PLC. is NOT responsible for your data backup or subsequent loss. Shared hosting accounts should not be used for mission critical websites or email that require absolute redundancy.
Unsolicited E-mail (anti-spam policy)
Accounts caught sending unsolicited, as defined by HostingFest, PLC.*, email or usenet postings, either through our servers or to promote a web site on our servers will be terminated immediately, will not qualify for a refund and will be charged $50 per complaint filed. Accounts terminated for sending unsolicited email or usenet posts give up all rights to any content, files, backups and technical support associated with this and ALL accounts hosted on any and all HostingFest, PLC. server and network. You may not create email forwards which forward to an email address not accessible by you, unless the recipient has specifically consented for you to do so.
HostingFest, PLC. reserves the right to investigate accounts accused of sending unsolicited emails, or usenet postings, in any way deemed necessary. This PLCludes suspending the accused account, during the pending investigation.
Sites promoting, advertising or otherwise making available tools, information and/or software for the purpose of sending unsolicited email or usenet postings will be shut down without notice. We reserve the right to cancel all hosting accounts, of anyone having an account suspended for sending spam. We will make available, upon request, the source of the complaints. We will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint.
WE STRONGLY SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING LISTS – EVEN IF THEY ARE GUARANTEED TO BE CLEAN!!!
Although we have a ZERO TOLERANCE POLICY on unsolicited email/spam, we are not unreasonable. Since 2004, we have shut down an extremely small percentage of accounts for sending Unsolicited Email. However, we can and will enforce our Terms of Service.
*Unsolicited is defined, by HostingFest, PLC. as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.
Excessive Bandwidth Use
If your hosting account, with HostingFest, PLC., goes over the bandwidth allowance set for that account, you agree to pay for that overage. Please remember that bandwidth restrictions are not set on accounts it is your responsibility to check your bandwidth usage frequently so that you know when you go over the limit.
All accounts are set up on a prepay basis. Although HostingFest reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due every 30 days, following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given. If you are a reseller and you miss two consecutive payments, then you will lose control of all your reseller and shared accounts which then will become HostingFest property
In situations where the card number on file is declined HostingFest will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, HostingFest reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer’s card will be charged automatically
Violation of our anti-spam policy will be grounds for immediate account termination. Web sites deemed offensive, pornographic or racially degrading, by HostingFest, PLC., will be removed from our servers without notice. Abusive behavior of any type will not be tolerated. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted. Free For All (FFA) link sites and using your account for IRC/BBN purposes is not allowed on our servers.
Accounts using up enough server resources, to slow or crash a server, will be shut down without prior notice. If an account is shut down, due to server resource issues, we will (upon request) make a reasonable effort to help get the account unsuspended. This PLC includes tracking down the offending program, if applicable, and/or making available other arrangements for hosting the account on a semi-private or private server (additional fees may be required). Third-party installed versions of FormMail are forbidden, due to the security risk they pose. We have FormMail available, globally, for all accounts on our network. We do not allow ANY Matt Wright script to be installed on our servers. For a list of the Matt Wright banned scripts, please see: www.scriptarchive.com
All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for termination.
In addition, your account is for web and email use only, any other activities, at our sole discretion, will be grounds for termination as well.
Domain Name Registration and Renewal Policy
HostingFest, PLC. will make every effort to register, transfer and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration, transfer and/or renewal. Your domain name may go unregistered, untransferred and/or renewed, due to circumstances beyond our control, such as registry, software and other problems or outages, and will not be grounds for compensation of financial loss. You are responsible for monitoring your domain expiration date and making sure you renew it before it expires.
An order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer and/or renewal. Domain names will not be registered, transferred and/or renewed until payment is received. If requested domain name is paid for, to HostingFest, PLC., and subsequently not registered, transferred and/or renewed by HostingFest, PLC., the domain registration fee will be refunded.
By placing an order for domain registration, you agree to the Uniform Domain-Name Dispute-Resolution Policy.
This Terms of Service may be amended, at any time, at the discretion of HostingFest, PLC. All accounts are required to comply with any changes made to these policies. Notification of any major changes to the policies will be emailed to the email addresses we have on file for all account holders. You are required to keep a valid and current email address on file with us, in your billing account here: https://manage.hostingfest.com
If you are unsure if what you are doing is against our TOS, contact us. There are no refunds granted for accounts terminated due to TOS violation.