Terms and Conditions

 

 

Terms of Service

By submitting the online order form or by using Hostmediaix.com’s service, Customer hereby agrees to Hostmediaix’s.com Terms of Service (TOS), the Acceptable Use Policy (AUP), and the Privacy Policy (collectively referred to as the "Agreements").

Unless otherwise specified in the Agreements, the usage of “Services” shall refer to webhosting, web development, and other services that are offered by Hostmediaix.com to Customer.
Customer hereby acknowledges to have read the Agreements and have fully understood the contents thereof. Customer also acknowledges to have agreed to the terms and conditions of, and will comply in good faith with the Agreements.

Hostmediaix.com does not tolerate pornography, spamming, phishing and other illegal activities on the internet. Hostmediaix.com reserves the right to terminate its Services with Customer at its discretion and without prior notice if Customer’s website is found to contain illegal and inappropriate content and activities in order to preserve the integrity of the Company.

A. Agreement for Services.

1. Hostmediaix.com will provide, and Customer will purchase and pay for the Services, according to the service fees specified in the online order form for the applicable Service Description. Customer acknowledges that the service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreements. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in the TOS.

2. Hostmediaix.com reserves the right to refuse or discontinue Services to anyone at its sole discretion.

3. Hostmediaix.com may modify technical specifications applicable to the Services so long as such medications do not result in any significant changes to the features and functionalities of the Services.

B. Term.

Customer agrees to be bound by the service term selected on the order form or via applicable promotional codes that may require Customer to order Hostmediaix.com Services for a certain minimum period of time. Customer agrees to pay, in advance for a one year service term, for hosting services.

C. Payment.

1. Commencement & provision of Services is contingent upon receipt of payment from Customer to Hostmediaix.com. Customer must pay in full for the Services before Hostmediaix.com shall begin to provide the Services to Customer.

2. Setup fees will be charged for Services requiring setup.

3. Customer agrees to pay all taxes applicable to the account, and agrees to a no-refund policy, as provided in Clause F below.

4. Renewal notice/invoice shall be sent to the Customer five (5) days before the expiration of the service term. If prior payment was made by credit card, any renewal or recurring billings shall be charged automatically on the date the invoice is sent. Hostmediaix.com may apply the amount due at any time to the credit card listed on file.

5. Unless otherwise expressly provided, all monetary amounts to which the Agreements refer shall be in Philippine Pesos.

6. Hostmediaix.com payment modes are Paypal, credit cards, bank deposit, checks and cash paid in our office.

7. Except only in cases of double payment, disputed charges to your credit card issuer, also known as chargebacks, which, in Hostmediaix.com’s sole discretion, are invalid under the terms and conditions of this Agreement, shall result in suspension of Services or interruption, subject to reconnection fees to restore the desired Services. All credit card disputes based on prior payment must be reported within sixty (60) days from the time the fees were charged to the credit card

D. Delinquent Accounts.

1. Failure to pay Invoices due on Services shall result to the suspension of the Services three (3) days after the due date, and then termination five (5) days after the due date.

2. Hostmediaix.com is not and shall not be responsible for data integrity of accounts that are suspended, interrupted, disconnected or terminated for non-payment of Services.

3. The termination or suspension of Services shall not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which Hostmediaix.com may be entitled under the Agreements or under applicable law. Overdue amounts may be turned over to an external agency for collection, in which case you agree to pay to Hostmediaix.com a “Processing and Collection” Fee of not less than Twenty Three dollar and twenty-five cents($23.25) or not more than One Hundred Sixteen dollar and twenty-seven cents($116.27). Returned checks shall be charged a service fee of $23.25.

E. Account Cancellation.

1. Customer may voluntarily cancel his/her account at any time, with or without any reason, subject to the following:

a. Web Hosting Plans. Request for cancellation can be sent anytime to sales@hostmediaix.com.

b. Dedicated Server. Request for cancellation shall be sent to sales@hostmediaix.com five (5) working days before the renewal date.

c. Colocation. Cancellation is subject to the terms outlined in the colocation contract.

2. You understand and agree that Hostmediaix.com does not provide refunds, pro-rated or otherwise, in connection with cancellations, pursuant to Clause F below. No more charges shall be billed to the account upon cancellation. However, cancellations made on or after the renewal date shall be subject to renewal fees.

F. Refunds

Except as explicitly provided in this section, all payments to Hostmedia.com, including, but not limited to, setup fees and annual fees regardless of usage, are non-refundable.

G. Violation of Laws.

1. Customer represents and warrants to Hostmediaix.com that it has complied, and will comply, with all applicable laws and regulations, of any applicable jurisdiction, including but not limited to the United States of America, and that each party has not engaged in, and shall not engage in, any illegal or improper action, and has not made, and shall not make, any improper payment to influence or effectuate any contracts regarding the Services and/or the Agreements.

2. Customer agrees not to engage in any activity that violates any international or local laws applicable to the Services described in the Agreements. Hostmediaix.com reserves the right to discontinue the provision of Services to any Customer that it deems, in its sole discretion and/or upon notice by the proper party or government authority, to have violated any conditions of the Agreements or applicable laws. Hostmediaix.com will cooperate with all law enforcement agencies in relation to alleged violations of laws.

H. Back-ups and Maintenance.

1. Customers are responsible for maintaining their own set of back-up files. Nevertheless,

Hostmediaix.com does back-up hosted accounts daily, but these back-ups are intended solely for Hostmediaix.com’s administrative purposes.

In the event that Customer needs to recover data from a back-up, Hostmediaix.com will use reasonable efforts to restore data to Customer’s account from the appropriate back-up. However, this service is not intended to replace or substitute for Customer’s set of back-ups. Hostmediaix.com does not guarantee the availability, completeness, currency or integrity of its back-up files. Customer understands and agrees that Hostmediaix.com’s back-up policy does not create, and disclaims any warranty, expressed or implied, for which Hostmediaix.com can be held liable.

Hostmediaix.com does not provide compensation of any kind for lost, inaccurate, incomplete, or outdated data in the event that Hostmediaix.com back-ups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of Hostmediaix.com or any of its employees or agents, and regardless of whether Hostmediaix.com had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.

Hostmediaix.com does not provide back-up on Dedicated Servers and Colocated Servers. Back-up responsibility entirely rests on the Customer.

2. Hostmediaix.com may, at its sole discretion, suspend the Services in cases of network or equipment modification, preventive or emergency maintenance, or as may be required under the circumstances or applicable law.

I. Indemnity.

Customer agrees to defend, indemnify and hold harmless Hostmediaix.com, its parents, subsidiaries, officers, employees, agents, successors or assigns, against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which Hostmediaix.com may become subject and which Losses arise out of, or relate to the Agreements or Customer’s use of the Services, and to reimburse Hostmediaix.com for all legal and other expenses, including reasonable attorneys’ fees Hostmediaix.com incurs in connection with investigating, defending, or settling any Losses whether or not in connection with pending or threatened litigation in which Hostmediaix.com is made a party.

J. Limitations of Liability / Disclaimer.

1. Hostmediaix.com shall not be liable under any circumstances to Customer or any person claiming through Customer or any direct, indirect, incidental, special or consequential damages, punitive or exemplary damages, or for any loss of profits, loss of revenue, loss of use, or loss of data resulting from the use of Hostmediaix.com services by customer or third parties, regardless of the form of action or theory of liability, or any loss of data resulting from delays, nondeliveries, misdeliveries or service interruptions.

2. Hostmediaix.com provides the services and products as is, without warranty of any kind, whether expressed or implied. Hostmediaix.com disclaims all warranties of non-infringement of any third party rights, and disclaims all implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Customer shall be solely responsible for the selection, use, and suitability of the services and Hostmediaix.com shall have no liability thereof.

3. To the maximum extent permitted by law, Hostmediaix.com disclaims all warranties, representations or other endorsements, expressed or implied, with regard to the information accessed from, or through, this services, the systems which provide it and the i nternet. Hostmediaix.com does not assume any liability for the completeness, accuracy, or usefulness of any information disclosed or materials accessed through its services, its systems, its networks, or the Internat.

K. Force Majeure.

Hostmediaix.com shall not be liable or deemed to be in default for any delay or failure in performance of its obligations under the Agreements or other documents, or interruption of Service resulting directly or indirectly from acts of God, civil or military authority, any law, order proclamation, regulation, ordinance, demand or requirement of any governmental authority, acts of public enemy, war, terrorism, riot, civil disturbance, insurrection or other violence, explosion or other casualty or accident, fire, explosion, earthquake, flood, the elements, strike or labor dispute, shortage of suitable parts, materials, labor or transportation, magnetic interference, interruption of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of Hostmediaix.com.

L. Abuse of Hostmediaix.com Staff or Support Personnel.

1. Hostmediaix.com takes pride in providing excellent service to all its customers. It is the policy of Hostmediaix.com to treat its customers with the highest level of respect and courtesy, and, in return, Hostmediaix.com expects the same respect and courtesy from them. If Hostmediaix.com staff feels that Customer is consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and Customer may be asked to take your business elsewhere. In the event that we terminate the Service for abusive conduct, Customer will be given five (5) days’ notice to find a new service provider. Hostmediaix.com will issue a refund only for the unused portion of pre-paid service.

2. Abusive conduct includes, but is not limited to, the following behaviors: (a) Repeatedly addressing members of Hostmediaix.com staff in a demeaning or rude manner; (b) Using profanity in any oral or written communications with Hostmediaix.com staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication; (c) Yelling or shouting at Hostmediaix.com staff; (d) Deliberately using all capital (uppercase) letters in any written communication to Hostmediaix.com staff; (e) Insulting Hostmediaix.com staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or (f) Deliberately providing false information to Hostmediaix.com staff for the purpose of harassing them or wasting their time.

M. No Waiver of Rights by Hostmediaix.com

No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to Hostmediaix.com under the Agreements shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein; nor shall the action of Hostmediaix.com in respect of such default or circumstance, or any acquiescence by it thereto, affect or impair any right, power or remedy of Hostmediaix.com in respect of any other default or circumstance, whether similar or not.

N. Governing Law.

The Agreements shall be governed by and construed in accordance with the laws of the United States, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.

O. Notices.

1. From Hostmediaix.com to Customer. Hostmediaix.com will notify Customer by e-mail of any notices that Hostmediaix.com is required to provide to Customer under this Agreement, at the most current e-mail address Customer has provided to Hostmediaix.com. By entering this Agreement, Customer consents to receive notices by e-mail. Customer is solely responsible for ensuring that Hostmediaix.com has Customer’s most current e-mail address, and Hostmediaix.com shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that Hostmediaix.com sends to the most current email address Customer has provided to Hostmediaix.com.

2. From Customer to Hostmediaix.com. Unless otherwise specified in this Agreement, notices to Hostmediaix.com shall be sent to the following mailing address and email:

NEWMEDIAIX Inc.
5963 Mackinac Lane
Hoffman Estates, IL 60192
Management: admin@hostmediaix.com
Sales & Billing Dept: sales@hostmediaix.com
Technical Support Dept: support@hostmediaix.com

P. Entire Agreement.

1. The Agreements comprise the entire agreement between Customer and Hostmediaix.com and supersede any prior or previous agreements between Customer and Hostmediaix.com with respect to the subject matter of the Agreements; provided, however, that Customer agrees to be subject to any additional terms and conditions of which Hostmediaix.com notifies Customer from time to time, pursuant to the Agreements.

2. The Agreements may not be modified orally.

Q. Assignment.

Customer shall not assign or attempt to assign its obligations under the Agreements without Hostmediaix.com’s prior and express written consent to such assignment. Hostmediaix.com may assign any or all of its rights and obligations under the Agreements at any time without prior notice to or consent of Customer.

R. Arbitration and Venue.

1. Any controversy or claim arising out of or relating to the Agreements or any breach thereof in excess of $348.83 shall be settled by arbitration in any competent courts of U.S.

2. Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to the Agreements, or the breach thereof, shall be proper only be in 5963 Mackinac Lane Hoffman Estates, IL 60192, to the exclusion of all other courts, venues and/or jurisdictions.

S. Severability.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.