Terms of Service
Term: Customer agrees to a monthly, quarterly, yearly, or biennial contract term for services unless otherwise agreed to in writing. The monthly, quarterly, yearly, or biennial contract for services is automatically renewed each term in perpetuity subject to cancellation by the Customer.Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings. Fees are due before the monthly service cycle and will be billed on the anniversary date of each month.
Cancellation: HostingViper requires a cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. You are also required and responsible for cancelling the billing subscription at Paypal.com if you are billed thru PayPal. All you have to do it click on your subscription under your account in paypal find the Hosting Viper Transaction. At the bottom is a cancel button, use that button to cancel the subscription .All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.
Refunds & Disputes: All services rendered by HostingViper are non-refundable.. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the Customer portal located at billing.hostingviper.com . Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency. Chargebacks due to billing error due to error of client will result in a $25.00 fee.
Non-Payment: All payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. A late fee of 2% will be incurred for failure to remit payment for services on or before the monthly anniversary date. Failure to remit payment for seven (7) consecutive days, including the anniversary date, shall result in suspension of Customers account. Failure to remit payment for services within thirty (30) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed.
Data: HostingViper agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership. Your use of the service is at your sole risk. HostingViper is not responsible for files and/or 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 HostingViper servers. Identity Use: Customer agrees to use HostingViper logo, HostingViper information, and related services in accordance to the approved marketing guidelines. HostingViper agrees not to use Customer name, logos, or information without prior consent of Customer.
Laws: Customer agrees to abide by all local, state, and federal laws. Mutual Indemnification: Each party agrees to indemnify and hold harmless the other party, the other party's affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right. Harrassment and Abuse: Any aggression via telephone, skype, IM, Live Help, E-mail or Snail mail will not be tolerated against any staff at HostingViper. Accounts will be terminated immediately with no refunds or backups. Abuse entails harrassment, email bombing, threats to the technician or the server, etc. In addition, the offending IPs will be blocked from our network indefinitely and legal charges may be filed. Limitation of Liability: HostingViper shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this agreement, the maximum aggregate liability of HostingViper and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for hosting services for one month prior to the occurrence of the event(s) giving rise to the claim.
Arbitration: Any controversy or claim arising from service or related to this contract or breach therein in excess of $500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction. Electronic Signature: Acceptance of the Terms of Service and Acceptable Use Policy hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.