Terms of Service

Below is the Terms of Service for services provided by 1StopWebHosting.com (NetMasters LLC).

Description

NetMasters LLC (a Hawaii company doing business as 1StopWebHosting.com) agrees to furnish services to the Customer, subject to the following Terms of Service (TOS).

The TOS may be changed periodically at the discretion of NetMasters LLC. NetMasters LLC will notify all current clients of any changes at their currently registered email address. In addition, the most up to date TOS will always be accessible at this URL:

http://www.1stopwebhosting.com/tos.php

The Customer understands that a change to the TOS by NetMasters LLC shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Hawaii, county of Maui applicable to contracts enforceable in that state. Venue will be Maui County, Hawaii.

Use of Service Constitutes Agreement with Terms

The purchase and/or use of NetMasters LLC services requires acceptance and agreement to the TOS as detailed here.

Limitation of Liability

The services provided by NetMasters LLC are reliant on physical and software infrastructure provided by third party vendors and providers. Our ability to provide service may be impacted by service outages caused by these third parties.

NetMasters LLC shall not be responsible or liable for any material, financial or other damages to the Customer that may arise due to their use of NetMasters LLC services. NetMasters LLC may, at their sole discretion, provide refunds of fees paid by the Customer for services rendered up to a limit of $100. At no point will a Customer be refunded fees in excess of the amount paid in the last 3 months for services provided by NetMasters LLC.

Indemnification

The Customer will compensate NetMasters LLC for any violation of the TOS that results in loss to NetMasters LLC or the bringing of any claim against NetMasters LLC by any third-party.

Furthermore, if a Customer is reselling NetMasters LLC services, the Customer is liable for any losses incurred by NetMasters LLC as a result of the actions of Customer's clients.

Put simply, if NetMasters LLC is sued or suffers a financial loss because of a Customer's or a Customer of a Customer's activity, the Customer will be fully financially responsible for any damages awarded against The Company, plus all applicable costs and attorney's fees.

Legal Usage

NetMasters LLC specifically prohibits the use of our service for illegal activities. In addition, the Customer may not use NetMasters LLC services to perform or facilitate any unlawful activity.

Since the law is different in different parts of the world, NetMasters LLC will abide by the laws of the United States, the State of Hawaii and the County of Maui.

Any Customer accounts found to be performing or facilitating illegal activity will be terminated immediately with no refund.

SPAM and Unsolicited Commercial e-mail (UCE)

The Customer may not use NetMasters LLC services or facilities to send out unsolicited emails (aka SPAM) to anyone, anywhere at anytime. Furthermore the Customer may not facilitate the sending of unsolicited emails to anyone, anywhere at anytime.

Every email sent from NetMasters LLC servers includes tracking information. We will track down and terminate any account that is sending out unsolicited emails.

There are no exceptions to this policy. If a Customer is violating this policy their account will be terminated immediately with no refund.

Furthermore, the Customer may not advertise a web site hosted by NetMasters LLC using UCE or SPAM. Regardless of where the SPAM or Unsolicited Email originated, it may not be used to direct the recipient to any domain name served on our servers. U sers found to be using SPAM or Unsolicited Email to promote a domain on our servers will have their accounts suspended or terminated at the sole discretion of NetMasters LLC.

For our customers who have valid mailing lists and opt-in subscription services - we recommend you maintain records of user subscriptions. If we receive complaints about your mailings, you must be able to provide proof that the receiving user has opted to receive your email. If you cannot provide reasonable proof that the user requested the mailing, it will be considered SPAM.

Violations of this policy will result in immediate account suspension. Accounts will only be re-activated once the Company is satisfied that the Customer will no longer participate in SPAM or UCE.

The Customer will be financially liable for any and all financial damages incurred by NetMasters LLC as a direct or indirect result of SPAM or UCE.

Abuse

The Customer may not use any server or network facilities unless specifically authorized. This includes the use of IP addresses, network ports, usernames, passwords or any other services not specifically assigned to The Customer.

The Customer may not use NetMaster LLC services to:

• Abuse or disrupt other systems on the Internet.
  
  
• Willfully proliferate viruses, spyware, malware, worms, trojan horses, or similar software viruses
  
  
• Perform Denial of service attacks
  
  
• Send Unsolicted Email or SPAM
  
  
• Email bomb
  
  
• Maliciously using a nonexistent mail address
  
  
• Performing excessive cross posting in USENET,
  
  
• ...or any other activities that are malicious and abusive.
  
  

Support Boundaries

NetMasters LLC will provide 24 / 7 technical support for the Customer as outlined below.

NetMasters LLC provides technical support for the services specifically listed on the 1StopWebHosting.com web site. Our technical support is limited to installation and configuration of included services.

NetMasters LLC will not provide technical support for third party, custom developed or user created web applications or web content.

Technical Support for custom web sites or web applications can be provided as needed to the Customer for a negotiated hourly fee.

Misuse of System Resources

The Customer may not use the Company's service or facilities to perform any functions other than hosting web sites. The Customer may not use our servers to run any background processes. In addition, the Customer may not use the Company's service or facilities for any purpose other than web hosting.

The following are examples of uses that are not permitted:

• IRC bots
• Chat bots
• Game servers
• Cracking programs
• SETI at home
• Video or Audio Streaming
• Any long running cron job or script process

Unauthorized processes will be terminated and removed from the server without notice by NetMasters LLC.

Problem Resolution Procedure

In most cases, the Customer will be notified via e-mail of violations to this policy and given a chance to correct them. If problems are not corrected within 24 hours, or the violations are of a severe nature, the account may be suspended or terminated immediately without refund.

NetMasters LLC has the right to make a final determination as to the appropriate resolution of violations or percieved violations of this TOS.

30 Day Money Back Guarantee

We offer clients of our web hosting services a 30 Day Money Back Guarantee. If you are unsatisfied for any reason simply cancel in the first 30 days and request a refund.

99% Uptime Guarantee

We offer clients of our web hosting services a 99% Uptime Guarantee. If we fail to maintain 99% or higher uptime in any particular calendar month, we will offer a pro-rated refund up to 100% of your hosting fees for the month for the time your service was unavailable.

Backup and Data Retention Policy

We DO NOT maintain backups of client data. If is the Customer's responsibility to maintain adequate backups of their data.

Termination of Service Policy

Unless otherwise specifically stated in a specifically executed contract, all web hosting service accounts can be terminated at any time by either NetMasters LLC or the client, for any reason.

Client Account Termination Policy

To cancel service, please submit a cancellation request at our online helpdesk. Cancelled accounts will continue to be active until the end of any currently paid invoice. There are no refunds or partial refunds for early cancellation.

NetMasters LLC reserves the right to require written confirmation of a cancellation request . If NetMasters LLC requests verification, the Customer must provide a written, signed document with a copy of a valid photo identification, indicating their request to cancel their account. This document can be delivered via email, FAX or via traditional postal mail.

The only exception to this policy is within the first 30 days of service. Please see our 30 Day Money Back Guarantee above for details.

Billing & Payment Policy

Methods of Payment:

Payments for web hosting services can be made with:

• Credit Cards, including VISA, Master Card, American Express, and Discover
• Paypal Funds (can be Credit Card, from Bank Accounts, or existing Paypal funds.)
• Paper Check

Payment via Wire Transfer IS NOT accepted at this time.

New Accounts:

New service accounts must pay in full the service fees, including setup fees, for the first period of service. New accounts will not be available for use until this payment is made.

Existing Accounts:

Invoices for existing accounts are delivered via email to the client email address on file with NetMasters LLC five days prior to the due date.

Overdue Accounts:

An account is considered overdue if it has an invoice 1 or more days overdue. Overdue accounts are handled in the following manner:

• 1 to 3 days Overdue: Emails will be sent to the Customer with instructions on making payment.
• 5 to 30 days Overdue: The Customer account will be suspended and unavailable for use until all overdue payments are made in full.
• 30 or more days Overdue: The Customer will be given a final 24 hour notice to make payment via email to the email address on file. After 24 hours, if payments are not made to bring an account up to date, the client account will be terminated.

Amendments to this Agreement

NetMasters LLC reserves the right to modify or otherwise amend the TOS at any time, without prior notification. Customers can always visit this page to view the most recent version of the TOS.

Complaints:

Complaints or Violations of this TOS should be forwarded to our support staff.