Terms and Conditions

1.) Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

All downloadable products and/or electronic services we sell such as web design solutions, hosting plans, etc, *must* also be shipped with something tangible such as a CD-ROM copy, with tracking and preferably with a delivery signature.

2.) Content

All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, is prohibited and will be removed from our servers with or without notice. We reserve the right to refuse service to anyone.

Examples of unacceptable material:

IRC Bots

Warez Sites

Pirated Software

Hate sites

Hack programs and archives

Infringe upon any copyright or trademark is prohibited. This includes but is not limited:

Music

Books

Photographs

or any other copyrighted work.

The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please contact our Abuse Department via email with the information required.

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.

We  reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of HostDemon.net. All rights reserved.

4.) Payment Information

You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify HostDemon.net of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of HostDemon, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. HostDemon provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.

We reserve the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.

6.) Cancellation and Refunds

We reserve the right to cancel the account at any time.

Customers may cancel at any time. We give  you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's. Refund requests after 30 days will not be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

7.) Resource Usage

Users may not initiate the following:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) Money back Guarantee

This is only for shared or reseller packages and does not apply to administrative fees, install fees for custom software, or domain name purchases.  No full refund will be honored, the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

10.) Uptime Guarantee

We strive to offer the best in the industry for Network and Server uptime but like all hosting companies from time to time we experience downtime. If your shared server occurs physical downtime (ie: hardware failure, hard-drive failure, file corruption, etc) that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of HostDemon dependant upon justification provided. 
We define uptime of the server as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. Therefore, Third party monitoring service reports may be excluded from justification due to a variety of factors including the monitor's network capacity/transit availability.
To request a credit, please contact sales@hostdemon.net with justification. All requests must be made in writing via email.

11.) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.

12.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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 any  liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from HostDemon.net's server.

13.) Disclaimer

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.

14.) Changes to the TOS

We reserve the right to revise its policies at any time without notice.