1. If, for any reason, you are not satisfied with the Hosting Services provided by HostBaby.com, we offer a full refund for the prior month's hosting. Simply cancel your Hosting Plan and we will refund your money.
1. You must accept the terms of this Agreement in order to use HostBaby.com's Hosting Services.
2. Notwithstanding, by using HostBaby.Com's hosting services, you acknowledge that you have read and understood this agreement, and agree to be bound by the terms and conditions contained herein.
3. Hostbaby.Com reserves the right to change or modify any of the terms and conditions contained in this agreement at any time at its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any modifications will be effective upon posting the revisions on HostBaby.com's Web site (the 'site'.) Your continued use of HostBaby.com's services post-revision will constitute your acceptance of those changes.
1. You must be 18 years of age or older to use the service.
2. "Wizard"-hosted sites, including software, graphics and documentation, are the proprietary property of HostBaby.com, and are protected by copyright. They may only be used or accessed on HostBaby servers.
3. You may not access HostBaby's services using an automated process or bot.
4. We reserve the right to modify, suspend or discontinue service at any time, without notice.
5. We reserve the right to edit/delete website content, terminate accounts, block access to HostBaby's services at our sole discretion and without notification.
6. We will only send account information (including passwords) to the email address registered to the account. For this reason, you must always maintain a valid email address associated with your account. We are not liable for loss of domain names, content or account due to failure to comply with this term of service.
1. All HostBaby customers are entitled to one free month of hosting.
2. HostBaby requires a credit card at the time of sign-up.
3. HostBaby bills monthly. Billing is for the current month rather than the previous. We accept credit cards, paypal and money orders.
4. There is no contract.
5. HostBaby reserves the right to terminate and delete unpaid accounts after 60 days.
6. Prices for our service can change at any time, subject to 90 days notice.
7. If you ever feel that HostBaby incorrectly charged your credit card you must contact billing for a correction. If you do contact your credit card company and issue a chargeback then you will be responsible for the charged back balance in addition to a $50 chargeback fee. If you do not pay this fee within 5 business days, then your account will be terminated.
8. Bounced checks will incur a $25 fee.
1. You must own the intellectual property (including copyright and trademark) of any content you upload to HostBaby's servers.
2. You may not resell, copy or reuse any portion of HostBaby's service, including graphics, HTML or CSS, software or code.
1. HostBaby does not allow the following content:
- Sexually explicit or pornographic material.
- Illegal content of any nature.
- Hateful, threatening or obscene content.
2. You may not use HostBaby's service to send unsolicited emails. Doing so is grounds for immediate and permanent suspension of Service.
3. We reserve the right to disable outgoing emails and/or throttle bandwidth if you are exceeding reasonable use and causing hardship on other HostBaby customers.
1. Cancellation of hosting must come from the authorized email address on record for your account.
2. Cancellation requests must be received 24 hours in advance of new billing to avoid the next month's charges.
3. If you cancel with a pre-paid balance, we will issue a pro-rated refund.
4. Websites will be permanently deleted 30 days after cancellation.
1. All domains registered for you by HostBaby are automatically set to renew one month prior to their expiration date. You are responsible for requesting the domain not be renewed at least 24 hours prior to its renewal date. Domain registrations and renewals are non-refundable.
2. We do not renew domains for sites no longer hosted by HostBaby.
3. HostBaby will comply with all transfer requests providing the account in question is paid in full.
1. You are not granted a license or any other right to store any of HostBaby's services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
1. Your use of HostBaby is at your sole risk. Our services are provided on an "as is" and "as available" basis.
2. We do not warrant or guarantee our service will be secure, error free or uninterrupted. We are not responsible for lost or stolen data on our servers.
3. Data stored in your user account on a HostBaby Server is not owned by HostBaby; therefore Data preservation is the ultimate responsibility of you, the client. HostBaby is in no way responsible for the your data and or the backup of that data.
4. You will defend, indemnify and hold harmless HostBaby and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an "Indemnitee") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the Services, including any improper or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by HostBaby; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or nonproprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).
5. You hereby acknowledge and agree that HostBaby will not be liable for any temporary delay, outages or interruptions of the Services. Further, HostBaby shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
6. You hereby acknowledge and agree that HostBaby reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. HostBaby will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.
1. Any breach of these terms and services that result in damage or fees to HostBaby will be billed to the customer (including data transfer and attorney's fees.)
2. These terms of service do not in any way signify a Partnership with HostBaby, and you may make no such claim publicly or privately.
3. If for any reason any provision of these terms of service shall conflict with any statute, law, regulation or ordinance, then in such event the provision in question shall be modified only to the extent necessary to bring it within such requirements, and (as modified) these terms of service shall continue in full force and effect.
4. HostBaby's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of HostBaby's right to subsequently enforce such provision or any other provisions under this Agreement.
5. THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF OREGON, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN OREGON, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
1. HostBaby will never share or sell your information to any 3rd party.
2. HostBaby reserves the right to contact our customer base with information about their accounts, internal offerings and system updates.
3. HostBaby will not contact you with reference to the above 30 days after your cancellation has been finalized.