TERMS OF SERVICE/ WEB HOSTING AGREEMENT
The client signing this agreement is engaging Hive Node DBA Laris Media, LLC (“Laris”)
THIS AGREEMENT (“Agreement”) is made and effective as of the date of acceptance, by and between you (“Client”) and Laris.
In consideration of the mutual covenants set forth in this Agreement, Customer and Client hereby agree as follows:
Subject to the terms and conditions of this Agreement, Laris will provide Web Hosting services for Client subject to the following terms:
a) Length of Service.
Client agrees to an initial one (1) month, six (6) months or twelve (12) months contractual term of service (“Term”). The length of contract required is based on the type of service desired by Client and shall be determined solely by Laris. Magneto and reseller hosting is a monthly contractual term of service (“Term”)
b) Service Start Date.
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Laris receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
c) Renewal by Client.
This Agreement will automatically renew for successive one/monthly (1), six (6), or twelve (12) month Terms unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.
2. End User Pricing and Web Hosting Compensation.
End User pricing is outlined on www.hivenode.com/myaccount/cart.php, http://www.hivenode.com/plans-pricing/, and www.hivenode.com/vps-hosting/, and is subject to change at the sole discretion of Laris.
3. Terms of Payment.
Terms of payment are PayPal Subscription or credit card unless deposits are made into account. You will automatically be billed to your hosting terms one/monthly (1), six (6), or twelve (12) month.
We reserve the right to suspend your account if your invoice is past 15 days.
4. Proprietary Information.
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Laris program, code or technology delivered to Client or any portion thereof.
Laris will exercise no control whatsoever and is not responsible nor liable for the content of the information passing through the network, email or web site. The Client assumes all risk, responsibility, and liability for any and all content passing through or residing on Laris’ network, email or web sites. Use of the Services or any information that may be obtained there from is at Client’s own risk.
Laris makes no warranties or representations of any kind, whether expressed or implied for the services it is providing. Laris also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Laris is at Client’s own risk, and Laris specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Laris does not represent guarantees of speed or availability of end-to-end connections. Laris expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Laris specifically denies any responsibilities for any damages arising as a consequence of such unavailability. Due to the systems that can be hosted on servers (WordPress, Magento, Drupal, Joomla, or any other web system) incorrect coding or plugins and extensions may create security holes in your website. Laris does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.
7. Money Back / Up-time Guarantee
If you’re not 100% happy we will refund your money back for resources not used base on your billing date. If you’re within our 15 day grace period we will refund you for the full amount you paid. If you are after our 15 day grace period we will refund you for resources not used.
If you purchase our services for a half year or more and cancel before your full term we will refund you for resources not used.
Guarantee is not applicable if over 90% of your bandwidth is used, you are found in violation of our Terms of Service at any time, or your IP is nullrouted for any reason.
If your website is not available for the guaranteed amount of time within a given month, we will give you a pro-rated credit for the time.
While we rarely have server issues that result in downtime, we admit that down time in service can happen. When they do, you should not have to pay for it. Which is why we have a 99.9% up-time guarantee.
Please note that this guarantee applies only to unscheduled outages. Occasional planned server/network maintenance may be necessary. In all but the most urgent cases, we will send out an email notifying customers of maintenance that is to be performed. When notice is sent at least two hours prior to service interruption, the outage does not qualify for our up-time guarantee.
Our guarantee excludes the following situations:
Service credits are calculated as follows for Shared, VPS and Dedicated servers:
100% – 99.9% uptime : No credit
99.9% – 99.5% uptime : 5% credit
99.5% – 99% uptime : 10% credit
99% – 98% uptime : 15% credit
98% – 95% uptime : 25% credit
Less than 95% uptime : 100% credit
We will only refund on a per month basis. We will not refund the full amount if paid in advance. Refunds are not automatic. You must contact us for a refund. Refunds are processed after 15 days from cancelation.
Laris performs nightly backups of our servers; however, these backups are for Laris administrative purposes only and are NO WAY Guaranteed. Clients are responsible for maintaining their own backups on their personal computers using the backup system in their CPanel backend or third party software.
Laris can restore a backup from our own administrative backups, but we cannot guarantee the backup includes the files and/or database you need. Our backups are performed every night between 12 AM – 5 AM EST and we only keep 7 days worth of backups.
You can perform a manual backup of your site by logging into your Cpanel, selecting backup, and then full backup.
8. Software Updates & Patching
The client is responsible for all software updates, upgrades & patching for their own website. CMS systems such as WordPress, Magento, Joomla and many others have their own semi-automatic update system which can update the website to the latest patches for security and features. The client is able to update the system themselves but if an issue may happen because of the update Laris is not responsible for any reason. Please make a backup before any upgrades.
You may hire Laris to manage the updates for your website. Laris management fee is is between 5 – 50 per month depending on the system. We will make sure all updates are done for your CMS system.
Laris is not responsible for any issues that may be caused by security threats or the use of plugins or extensions that may break the function of the website. Laris is not responsible for updates breaking the function or look of the website. Under our management agreement we will fix issues for you for half off our normal rate 100.00. We bill in 15 min increments (12.50 per 15 mins).
We keep our servers updated with the latest patching and security updates help prevent outside attacked. Laris cannot guarantee attackers will not compromise your website due to the systems many people use. (WordPress, Joomla, Drupal, Magento, etc) Laris is not responsible for any issues that may be caused by security threats or the use of plugins or extensions that may break the function of the website. Many plugins have security exploits which are not updated on a timely manner by the developers. You are responsible for updating your own websites unless under our management agreement above in section 8. Please keep your website update for security patches to help prevent attacks. If your site becomes compromised Laris will try to assist you in restoring your website. A backup restore cost 250.00 per domain (Terms and conditions are in section 7 of this agreement)
10. PCI compliance.
Laris is NOT a PCI compliant certified host. We do make sure that all our of servers are updated to the latest OS software and our servers are secure using a firewall. However, we do not guarantee compliance.
Our hardware can be used in PCI compliant environments, but because PCI compliance concerns things we have no control over with a self managed solution we do not have any way of ensuring overall compliance and do not label any hardware as “PCI Compliant”. PCI compliance requires both the provider and the customer leasing the server or service to both meet certain criteria. We can ensure that our end meets those requirements, however we cannot ensure that the customer’s end meet compliance.”
If a PCI scan test detects a failure in our system we will make the changes required to make your site compliant.
Systems such as Magento processes credit cards over authorize.net API which prevents full credit card information from being stored in the database. The credit card information is passed directly to authorize.net using SSL/HTTPS for processing. Only the last 4 digits of a credit card is stored in the Magento database for log reasons and you have to retype in your card for every order. WordPress based e-commerce systems use the the same technology but we cannot comment on their PCI compliance. An SSL certificated is REQUIRED.
However, hosting is just one part of the PCI compliance requirements. For more information please visit www.pcisecuritystandards.org
Laris is not liable for any failures in the PCI compliant requirements. See section 17. Indemnification for more information.
11. Dedicated IP.
With IPv4 IP addresses being limited, there are only a few select reasons for having a dedicated IP address. Currently, the primary reason to have a dedicated IP address is for an SSL certificate. Any other reason is subject to be rejected.
Examples of non-valid reasons:
SEO (Search Engine Optimization)
Name Servers (Unless required for a country domain)
Other reasons may also be rejected.
In addition, if you use your IP for something other than the reason approved for, we reserve the right to reclaim your IP.
If you feel you have a valid reason for requesting a dedicated IP, please contact support.
More info on IPV4 shortage: http://en.wikipedia.org/wiki/IPv4_address_exhaustion
Currently the Ecommerce packages come with dedicated IP. You may add additional IPs to your plan for SSL or add a dedicated IP to our CMS basic and WordPress pro package for 3 dollars per IP.
Dedicated IPs are only allow per Cpanel install. If you need more than one dedicated IP address you will have to purchase a separate hosting package. Resellers can requires multiply dedicated IPs.
12. Trademarks and Copyrighted Material.
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service. The client represents to Laris and unconditionally guarantees that any elements of text, graphics, photos, designs, music, trademarks, or other artwork hosted on their website owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Laris from any claim or suit arising from the use of such elements furnished by the client. Laris will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.
13. Transfer of Agreement.
Client may not assign or transfer this Agreement, in whole or in part without the prior written consent of Laris. In the event that Client contemplates whole or partial sale of it’s business, ownership change, or change in jurisdiction, Client shall notify Laris by mail, facsimile or email no less than 60 days prior to the effective date of the event.
Our hosting plans are designed to provide performance for our clients.
We reserve the right as to suspend a site if it is causing a severe problem. In the event the bandwidth usage of your website presents a risk to the stability, performance or up-time of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing. Laris may temporarily deactivate the account in question with notice.
You cannot use our services as a ftp backup or any type of backup other than your own site on our services.
You may use a VPS or Dedicated Server for storage as long as it is within our guidelines.
Laris may your hosting and terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Laris of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3), Using resources on the server beyond their use. You may not use our hosting to host hack tools, bots, chats, or anything other than hosting a website, 4) You cannot store or use our services for Pirated software, Bulk Email related products, , Adult, Pornography, Hacking/cracking related websites, Warez and/or copyrighted MP3s, Material illegal under United States of America law, and/or Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.) 5) upon mutual agreement in writing of Laris and Client.
Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Laris discretion). Any accounts and/or servers contained within Laris’s network must adhere to the above policies.
We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund–and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.
Laris reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.
Laris generally does not pre-screen User Content (whether posted to a website hosted by Laris or posted to this Site). However, Laris reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Laris may remove any item of User Content (whether posted to a website hosted by Laris or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Laris in its sole and absolute discretion), at any time and without prior notice. Laris may also terminate a User’s access to this Site or the Services found at this Site if Laris has reason to believe the User is a repeat offender. If Laris terminates your access to this Site or the Services found at this Site, Laris may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
i. Email Messages
ii. Newsgroup postings
iii. Windows system messages
iv. Pop-up messages (aka “adware” or “spyware” messages)
v. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
vi. Online chat room advertisements
vii. Guestbook or Website Forum postings
viii. Facsimile Solicitations
ix. Text/SMS Messages
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. We will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web.
Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
Laris reserves the right to denied any client for any reason.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold Laris harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Laris directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or the collection of unlawful personal data or any breach of this Agreement by Client.
In no event shall the total liability of Laris to you for damages, losses and/or other causes of action exceed the total monetary amounts paid by you to Laris. Any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages, e-mail, website or any other service provided by Laris, even if Laris has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Laris agrees to apply reasonable care in the delivery of all services equal to or better than those of “workmanlike quality” in the Chesapeake area.
In the event of any litigation relating to this agreement, both parties agree that the proper venue for said legal action shall be the General District Court or Circuit Court of Chesapeake, Virginia.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia. Exclusive jurisdiction and venue shall be in the Chesapeake, Virginia Superior Court. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
By signing up with our service you agree and bounded to all terms in this agreement.
We reserve the right to update our T.O.S. at any time without prior warning.