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HostWink's Terms of Service

Terms of Use

 

Welcome to the HostWink.com website (the "Site"). By accessing this Site, you agree to be bound by the terms and conditions below (the "Terms"). If you do not agree to all of the Terms, please do not use the Site. HostWink.com may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.

 

Copyright and Trademark Notice

 

This Site and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as "Content") are protected under United States and International Copyright laws and are the property of HostWink.com or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of HostWink.com or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of HostWink.com is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.

The Site and its Contents are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents displayed on the Site for the sole purpose of using the Site as a personal resource, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.

 

Your Comments

 

We appreciate your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit to us (collectively, "Comments"). You grant HostWink.com and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights.

 

Privacy

 

It is our policy to respect the privacy of individuals who visit the Site or provide Comments to us. Our privacy policy (the "Privacy Policy"), which you may view at http://www.HostWink.com/legal/privacy-policy.aspx, is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

 

Linked Sites

 

This Site may contain links to other websites ("Linked Sites"). HostWink.com does not operate or control any information, products, or services on the Linked Sites and does not endorse or approve any products or information offered at Linked Sites. You acknowledge and agree that your access or use of any Linked Site is at your own risk.

 

Disclaimer

 

This site, its contents, and all information, products, and services contained in or offered through this site are provided on an "as is" and "as available" basis without representations or warranties of any kind. HostWink.com expressly disclaims all such representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement and any implied warranties arising from course of dealing or course of performance. HostWink.com does not warrant that this site or its contents will be complete, accurate, uninterrupted, secure, or error free or that the site or the server that makes it available are free of viruses or other harmful components. All information on the site is subject to change without notice.

 

Idemnification

 

You agree to defend, indemnify, and hold HostWink.com harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys' fees, arising from or related to your (i) use of the Site or (ii) violation of any of these Terms

 

Limitation and Liability

 

In no event shall HostWink.com be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this site or goods or services purchased or obtained through this site, whether in an action under contract, negligence, or any other theory, even if HostWink.com has been advised of the possibility of such damages. HostWink.com's total liability for any claim arising from or related to your use of this Site shall not exceed one hundred dollars (US$100).

 

Miscellaneous

 

These Terms are governed by and shall be construed in accordance with the laws of the State of Texas without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are effective unless and until terminated by HostWink.com.

 

Accounts and Email

 

HostWink.com accounts will be created after payment is received and confirmed. We reserve the right to use third party services to verify orders against fraud. HostWink must be provided an existing email address (one not to be hosted by HostWink) for account communications. This address will be used for account communications in the event of an abuse issue. Customer is responsible for ensuring that all account and email information on file with HostWink is kept up to date. Providing false information of any kind is grounds for termination of your account. HostWink reserves the right to treat high risk and any other purchases as such and require government issued identification and in some cases a scan of the credit card used for the purchase. If this information is not provided if and when requested, the order may be treated as fraudulent, and services may be denied.

 

Hosting

 

HostWink provides an unlimited web hosting as outlined at www.hostwink.com. Hosting package contains unlimited disk space for use with web content. Unlimited disk space shall not be provided for content that is not generally available within the confines of customer’s website. Additionally, HostWink will provide hosting package for a single domain name. Each site hosted with HostWink will require a hosting package.

 

Resource Usage

 

Under no circumstances will a customer be allowed to utilize more than five percent (5%) of overall system resources for a period of more than five (5) minutes.

Under no circumstances will a customer be allowed to utilize twenty five percent (25%) of system resources for longer than 90 seconds.

Under no circumstances will a customer be allowed to run stand-alone, unattended server-side processes at any point in time on the server

Under no circumstances will a customer be allowed to run any type of web indexer (including but not limited to Google Cash / AdSpy)

Under no circumstances will a customer be allowed to run IRC software or servers.

Under no circumstances will a customer be allowed to run any bit torrent application, tracker, or client. Links to legal torrents off-site are allowed, but may not be hosted via HostWink.

Under no circumstances will a customer be allowed to conduct any file-sharing / peer-to-peer activities

Under no circumstances will a customer be allowed to run any gaming server.

Under no circumstances will a customer be allowed to run cron entries with intervals less than 15 minutes.

Under no circumstances will a customer be allowed to run any queries longer than 15 seconds.

 

Content

 

Customer is solely responsible for all content placed on their website. All content shall be used for lawful purposes. The laws of the United States apply, as do any other regional laws HostWink chooses to enforce.

Under no circumstances shall customer use HostWink’s services to provide access to illegal, copyrighted, trademarked, or otherwise restricted information. Any activity related to illegal or otherwise restricted content will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be removed and / or access to the material will be disabled.

If you believe that your copyrighted, trademarked, or otherwise restricted content is being infringed upon, please email abuse@hostwink.com and provide details.

 

Customer Backup / Storage

 

The use of HostWink’s services as a backup or storage device is not permitted; with the exception of one cPanel backup of your url. Under no circumstances shall HostWink’s services be used as a remote backup of other information, nor shall any information not available from the customers live website be stored on HostWink’s systems.

 

HostWink Backup

 

HostWink provides a weekly backup of systems, this overwrites any of our previous backups made, and only one backup set is kept. This service is provided as a courtesy. Hostwink maintains no responsibility of any kind or any file and / or data residing on your account. You agree it is your sole responsibility for files and data transferred to maintain appropriated offsite backup of files hosted with HostWink. Customers will be limited to 20 gigs of disk space for backup.

 

Changes

 

HostWink reserves the right to change prices listed on HostWink.com, and the right to increase or decrease the amount of resources given to plans at any time. HostWink will never adjust the price for already invoiced services, but may elect to adjust package details. HostWink reserves the right to revise its policies at any time without notice.

 

 

 

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