Impact Hosting

Impact Hosting LLC (dba Impacthosting.com) agrees to furnish services to the Client, subject to the following Terms of Service. Use of Impacthosting.com service constitutes acceptance and agreement to Impacthosting.com Terms of Service. These guidelines are imposed to protect you, other Impacthosting.com customers and us against such harm.

All provisions of this contract are subject to the Terms of Service of Impacthosting.com. The Terms of Service may be changed from time to time at the discretion of Impacthosting.com. Change to the Terms of Service by the Company shall not be grounds for early contract termination or non-payment.

Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. Impacthosting.com will have no obligation to send bills or invoices by postal mail or fax.  Payment is due in advance of service and will be monthly, quarterly, semi-annually or annually as determined by the payment and hosting plan that you select. Billing will continue until you cancel your hosting account.  Impacthosting.com reserves the right to change available products, service plans and pricing any time without notice. Except for the 30 Day Money Back Guarantee, Impacthosting.com does not providecredits or refunds.  

 

30 Day Money Back Guarantee

If you are dissatisfied with the service or performance of Impacthosting.com during your first 30 days as a client, e-mail billing@impacthosting.com and request to cancel.  We will provide a refund within 30 days by the same method you made your original payment.  We will ask you to provide a reason so that we can improve our performance.  Dedicated Server Plans, Domain Registration and certain other licensed products are not eligible for this guarantee.

Account Cancellation
You may cancel at anytime. Cancellation of monthly hosting requires a 30-day notice via e-mail to billing@impacthosting.com or postal letter to Impact Hosting LLC, PO Box 8077, Mansfield, OH   44907. It is your responsibility to secure e-mail confirmation from Impacthosting.com that your account has been canceled. If you have not yet received e-mail confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.

 

There is no cancellation fee.  All fees paid for service up to the end of the current billing period are non-refundable. Pre-paid services, hosting, and Domain Registrations are NON-REFUNDABLE.

 

If you have a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve you of any outstanding financial obligations. If you are cancelled by Impacthosting.com due to restrictions violation, there will be no refund.  

 

Chargebacks & Reversals

In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsable for a $50.00 USD service fee.

Indemnification Policy
You agree to use all Impacthosting.com services and facilities at your own risk. Impacthosting.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Impacthosting.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Impacthosting.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Impacthosting.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Impacthosting.com against liabilities arising out of:

1.      Injury to person or property caused by any products sold or otherwise distributed in a Impact Hosting server;

2.      Material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

3.      Copyright infringement and

4.      Defective products sold to customer from an Impacthosting.com server.

SPAM Policy
Impacthosting.com is committed to a zero-tolerance regarding SPAM. Under this policy, we prohibit Spam, or any unsolicited commercial e-mail, from being sent over the Impacthosting.com network by customers or any other users of the Impacthosting.com network (including customers of customers of Impacthosting.com).

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial e-mail (spam), cross-posting messages to a large number of message groups, posting obscene or threatening messages while using or referring to an Impacthosting.com e-mail address or web site URL are prohibited. The use of Impacthosting.com servers as a mail drop for responses to activities described above is also prohibited.

In addition to any direct costs incurred by Impacthosting.com due to violations of this policy, the offending party will be liable for an additional service fee of up to $500 per occurrence.

If you have any complaints or comments regarding Spam on our network, please direct them via e-mail to support@impacthosting.com.

Content Policy
All services provided by Impacthosting.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law of the United States is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Impacthosting.com from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all Impacthosting.com servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Impacthosting.com will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Impacthosting.com servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links include, but are not limited to:

·        Pirated software

·        Hacker programs or archives

·        Warez sites

·        Illegal MP3's

·        Child Pornography

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking may result in your site being suspended without warning. Impacthosting.com will be the sole arbiter as to what constitutes a violation of this provision.

E-mail Policy
Impacthosting.com may not be the source, intermediary, or destination address involved in the transmission of any unsolicited e-mail, e-mail bombs, hate e-mail, or any mass e-mail. Your e-mail account may not be referenced as originator, intermediary, or reply-to address of such e-mail. We consider mass e-mail any e-mail message sent to more than 200 e-mail addresses or more than 20 news groups.

 

Refusal or Termination of Service
Impacthosting.com reserves the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any Client for any reason not prohibited by law.

Any deliberate attempt to cause damage to Impacthosting.com or any other Internet servers may result in immediate account deactivation without prior notice. No refund is given in this case.

Backups
Full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and any information. The "Backup Manager" is included in each hosting plan the Client can use this tool to back up their.

If loss of data occurs due to an error of Impacthosting.com, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Impacthosting.com will attempt to recover the data from the most recent archive for a $100.00 fee.

Limitation of Liability

The use of web-hosting services provided by Impacthosting.com is at your own risk.

 

ALL SERVICES OF IMPACTHOSTING.COM ARE "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IMPACTHOSTING.COM MAKES NO GUARANTEE OF AVAILABILITY OF SERVICE AND RESERVES THE RIGHT TO CHANGE, WITHDRAW, SUSPEND, OR DISCONTINUE ANY FUNCTIONALITY OR FEATURE.

 

In no event will Impacthosting.com be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Impacthosting.com's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract thereon, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion, defect; delay in operation or transmission, deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of; or use of any record.

The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of Ohio, United States. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of any court in Richland County, Ohio, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

 

Impacthosting.com reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to Impacthosting.com or by making continued payments to Impacthosting.com, you signify your understanding and agreement.