Host Florida Terms and Conditions

Where the context admits: "We" includes Host Florida, hostflorida.us, or any party acting on Host Florida or hostflorida.us' implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" the relevant domain names Registry. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement.

By using our services you agree to be bound by our terms and conditions below:

1. Domain Name Registration
1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name.
1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
1.4 FEES You agree that upon submission of your domain name registration application, domain name renewal application, or registrar transfer application, to pay us our then current service fees . We reserve the right to prospectively change our fees or to institute new fees at any time, for any reason, at our sole discretion and you agree to be bound by any fee increase. You agree to pay all value added, sales and other taxes related to Richard GAtehouse/Hostflorida services or payments made by you hereunder.
1.5 Fees are Non-Refundable. All fees are due at the time of registration and/or renewal and are non-refundable including customer-initiated auto-renewal program and on-account balances, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.
1.6 Renewal Notice and Fees. You will be notified via email that renewal fees are due prior to the expiration date of a domain name registration. All emails will be sent to the email address of the domain name account holder and the billing contact. You are required to keep the email address of the domain name account holder and the billing contact current. We are not responsible for the loss or misdirection of the email expiration notices, including but not limited to, emails lost due to an invalid email address in our system, a spam filter on the mail server, or any other impediment to delivery. Emails are sent as a courtesy only- the responsibility of renewing a domain lies solely with the account holder and/or registrant of the domain. Any renewal of our services is subject to our then current terms and conditions, the payment of all applicable service fees at the time of renewal, and the domain name registry's acceptance of the renewal of your domain name registration.
Should you fail to renew or cancel your domain name registration by the expiration date, your domain name registration shall AUTOMATICALLY EXPIRE and you shall lose all rights in and to the expired domain name. Expired domain names are routinely deleted on a regular basis. There is no grace period and under no circumstances will Richard Gatehouse / Hostflorida.us be able to renew the domain after the automatic expiration. Although you will no longer be able to renew your expired domain name, you can redeem it under the Registrar Redemption program, if deleted. For a fee of $200.00 (plus the cost of your renewal), Richard Gatehouse/Hostflorida.us at that time, will attempt to restore your domain to its original status. The redemption period is 30 days after the expiration date.

2. Web Site Hosting And Email
2.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
2.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offense or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.3.3 you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
2.3.4 you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Adult (other than accepted adult site) or illegal MP3 content (i.e. you may only upload MP3's if you own the copyright).
2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
2.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.7 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.8 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
2.9 Any access to other networks connected to hostflorida.us, or richardgatehouse.com must comply with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
2.11 Users that abuse the network, such as mass unsolicited email (spam), illegal content, fraud, payment invasion, will have their name, website address, details of the abuse and ip number posted on our "name and shame" forum to aid other hosts and our resellers in refusing you future accounts. Under all circumstances we will inform your ISP of your actions and if necessary legal and police departments. We will not tolerate any abuse of our network and abuse will be punished to the fullest extent allowable under law.
2.12 In relation to clause 2.11, we have the right to charge a $150 fine for each abuse case and the abuser will be liable for any costs incurred by ourselves, our customers or any other company / business linked to us.
2.13 If you abuse the network or we receive a complaint about your account we will investigate this and we have the right to suspend the account if your actions could have a negative effect on our business or any other business connected to us. In extreme cases we may terminate your account and end our business relationship with you immediately. In such circumstances a refund will not be paid. Attempts to recover any monies paid in abuse situations will result in legal proceedings against you to the fullest extent allowable under law.
2.13 The above clauses, namely 2.11, 2.12 and 2.13 are here to protect our honest and legitimate customers from the negative effects caused by abuse of our network. We take abuse extremely seriously and we will always punish abusers to the fullest extent in EVERY case without exception.


3.Web Site Hosting Service Availability
3.1 We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
3.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
3.4 Uptime guarantees do not include downtime required to upgrade / service hardware.

4.Web Site Hosting Payment
4.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
4.2 Payment is due each month or year until closure notice is given. If you choose to pay by credit or debit card you authorize Host Florida, hostflorida.us, credit card / debit card processing to debit your account renewal fees from your card.
4.3 All payments must be in $US (US dollars)
4.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
4.5 Orders submitted using free email accounts may be subject to a telephone call to confirm the order prior to the account being set up.
4.7 Bandwidth usage over your plan quota will be charged at $0.50 per MB
5. Web Site Hosting Termination
5.1 If you fail to pay any sums due to us as they fall due, including design fees, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.3 Refunds will be given at the discretion of the Company Management including refunding of upfront yearly fees
5.5 We reserve the right to suspend the Services and/or terminate this Agreement / your account at any time with no notice or reason.
5.6 You may cancel the Services at any time. Canceling payments (FuturePay) to us on monthly paid plans will result in the immediate suspension of the service(s). For annually paid plans the account will be suspended at the end of the 12 month period. Partial refunds will only be given on annual plans.
5.7 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

6. Web Site / Company Logo Design Services
6.1 Amendments to any logo will incur a fee, except in circumstances where we have made an error
6.2 We will deliver your logo via email within 5 working days or 2 working days if you choose our rush service

7. Web Site Submission Services
7.1 No refunds will be given on submission services

8. Web Site Design Services
8.1 No work will start on the design of a website until: i) we have received full payment, ii) we have received all requested information from the customer such as: text for the web pages etc.
8.2 Once work has started on the design we will only refund a percentage for work uncompleted if a refund if requested.

9. Credit / Debit Card Chargebacks
9.1 If a services have been used and the customer requests their bank to recall the payments made (sometimes called a chargeback) then legal action will be taken against the customer to recover such payments in all circumstances.
9.2 All actions of fraud are automatically reported to the police.
9.3 Any cases of underage porn on our servers will automatically be reported to the police and we will work with such bodies to ensure that legal action is taken against you. We will never tolerate such actions.

10. This agreement
10.1. By performing any transactions on this web site or by utilizing any service from Hostflorida.us or richardgatehouse.com you agree to these terms and conditions.


HostFlorida.us/RichardGatehouse.com takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does HostFlorida.us/RichardGatehouse.com have any obligation to monitor such third party content. HostFlorida.us/RichardGatehouse.com reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. HostFlorida.us/RichardGatehouse.com also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of HostFlorida.us/RichardGatehouse.com, its users and the public. HostFlorida.us/RichardGatehouse.com will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

You agree to indemnify, defend and hold HostFlorida.us/RichardGatehouse.com, and its subsidiaries, affiliates, officers, agents, and employees, harmless from and against any third party claim or demand, arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HostFlorida.us/RichardGatehouse.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

2. HostFlorida.us/RichardGatehouse.com MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HostFlorida.us/RichardGatehouse.com SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HostFlorida.us/RichardGatehouse.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MAXIMUM LIABILITY OF HostFlorida.us/RichardGatehouse.com SHALL BE THE AMOUNT YOU PAID TO HostFlorida.us/RichardGatehouse.com FOR THE CURRENT MONTH, PRORATED TO THE DAY OF DISCONTINUATION OF SERVICE.

EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

HostFlorida.us/RichardGatehouse.com reserves the right to modify, suspend or discontinue the Service with or without notice at any time. You agree that HostFlorida.us/RichardGatehouse.com shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

You may cancel your use of the Services with or without cause at any time by providing notice to HostFlorida.us/RichardGatehouse.com at provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. HostFlorida.us/RichardGatehouse.com may at any time and for any reason (including, without limitation, a request by you, breach or violation of the TOS, requests by law enforcement of other governmental agencies, discontinuance or modification of the Services, or technical problems) terminate the Services or suspend or terminate your account without prior notice to you. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account.
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