Terms of Service
Our terms of service are designed to be read by the average Joe, not by some high-priced lawyer. Please read this page carefully prior to ordering services from us, and make sure you understand what it says. It's a binding contract between 10TB and you. If you have any questions about what you see on this page, please feel free to contact us at support@10TB.com or 866-643-7427.
The Services We Provide
In exchange for the fees you pay in
advance, we will host your website on one or more of our servers, so
long as you abide by the terms and conditions that are set out on this
page, and in any other agreements that relate to the services we may
provide to you. We will provide the services according to the
specifications listed for the hosting package you select during the
signup process. For clarity, on this page, the term "services" refers
to the web hosting services that we will provide to you and, if you are
an Affiliate, the services we provide to you in connection with that
program. The term "us" or "we" refers to midPhase Services, Inc, AN
Hosting Services Group, Inc. (also a midPhase company), Autica (another
midPhase company) or any brands under Hosting Services, Inc.
Permission to Host Your Content
For us to host your website, it is necessary for you to upload
your content to our servers. When you do this uploading, you are
creating one or more copies of your content on our system. By
purchasing hosting services from us, you acknowledge that these copies
are being made, and give us the permission (a license) to maintain
these copies and make them available to users of the Internet. You are
solely responsible for providing all of the content and other data that
make up your website.
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week
for as long as you have paid for them. Sometimes, however, for a number
of reasons, the services may be unavailable to you. You must recognize
and acknowledge that due to the nature of web hosting technology,
occasional unavailability of the services cannot be avoided. Sometimes
there are equipment malfunctions. At other times we undertake periodic
maintenance procedures or repairs. Still other times, there are causes
beyond our control like power failures, interruption or failure of
telecommunication or digital transmission links, hostile network
attacks, network traffic and other occurrences. We have not promised to
provide you with uninterrupted service.
Personal Information
When you place an order for our services, your personal information,
including your credit card information, is transmitted via the use of
Secure Socket Layer technology, the industry standard for encrypting
sensitive information. We take your privacy very seriously, and as
such, will not sell your personal information to third party (other
than a company that may purchase 10TB), and will take reasonable steps
to keep it from being disclosed to any third party. Read more in our
Privacy Policy, below.
Cancellation
As we explain in this paragraph, we offer you a money-back guarantee
on all shared hosting plans if you cancel with us during the first 30
days. Please note, Dedicated plans ARE NOT ELLIGABLE for the money-back
guarantee. And here is how our cancellation policy works. It is very
simple. If you cancel your account within 30 days of first signing up,
we will provide you with a full refund excluding any setup fees that
were charged when you signed up, and excluding domain registration
fees. The only way to cancel your account is by submitting information
through our cancellation form, which is located at http://cancel.midphase.com.
If we register a domain name for you as part of your hosting package
with us, and you decide that you want to cancel your account during the
first 30 days, then we will deduct the cost of the domain name from the
money we refund you. We charge $21.95 per year for domain registration.
If you cancel your account after the first 30 days have passed, or
after your account is renewed then unfortunately we will not be able to
issue any refunds. Please note: upgrades to hosting service, domain
registration and transfer and SSL certificates are non-refundable. Our
policy regarding web design services is as follows: We do not issue
refunds once we have started work. If you order design services and
cancel before we have started working on the design and before 30 days
have passed then we will refund the full cost of the design service. In
addition, we do not offer refunds on dedicated server plans as they are
month to month and there are no contracts involved. 10Tb also reserves
the right to cancel your account with 72 hours notice should an event
occur in which proper evidence exists that a customer was exceptionally
rude or vulgar in communications with our staff.
Automatic Renewal
When you sign up, your 10TB account will be enabled with
autorenewal, which means that when your renewal date arrives, your
hosting plan and domain will be renewed. When it is time for renewal,
the credit card you have on file with us will also be charged. If you
wish to not have this happen, and you would not like to renew your
account, you must cancel 14 days prior to your renewal date. If you
have any questions as to when your renewal date is, simply login to
secure.mpcustomer.com, or give us a call. If you fail to cancel 14 days
prior to renewal, your account will be renewed for a new term, so
please be sure to fill out the cancellation form located above if you
do not want to renew. The renewal fee will become non-refundable as
soon as it is charged. Your account renew dates are always listed in
secure.mpcustomer.com.
If more than 30 days pass from the date on which any invoice for the
hosting services is issued to you and we have not received payment in
full, we will suspend your account, which means that your data and
website will not be available. If in the following 30 days you pay all
amounts due, bringing your account up to date, we will take your
account out of suspension and the data will be available again. If,
however, 30 days pass from the date on which your account is suspended
and you have not made payment in full, 10TB shall have the right to
delete all data you have uploaded to the servers. To summarize, if you
get 60 days behind in making payments, your data will be deleted. You
hereby acknowledge that this is 10TB's policy when it comes to data
retention, and waive all rights in and to your data in these
situations.
Acceptable Use/Illegal Activity
10TB strives to maintain a high-level of service, and a lot of
customers depend on our high standards of quality. As such, we will not
provide services to those that are using our services for:
- Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
- Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
- Uploading or linking to any content that violates another's right of publicity or privacy.
- Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
- Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
- Hosting large amounts of data not specifically tied ("linked") to your hosting account. Hosting Services, Inc. encourages users looking for file storage/backup solutions to seek other services that specialize in this.
Disproportionate loads placed on the server.
While our shared services are suitable for the bulk of our customers,
there comes a time for some websites when they are better suited for a
larger plan, which allows for more dedicated CPU and memory resources.
We reserve the right, in our sole discretion, to discontinue service to
any customer with a website or other hosted data that takes up more
than 10% of the resources of the server's CPU. This means that if your
website is found to be utilizing more than 10% of the CPU and memory of
the service, we reserve the right to take your site offline. If this
becomes necessary, you can either upgrade your hosting package, or
request a pro-rated refund of the amounts you have paid in advance for
the services. Due to the severity of this, and our ability to act
quickly to correct these situations to avoid server issues, we will do
everything reasonably feasible to provide you with a warning prior to
taking your site offline, but we accept no obligation to do so.
Special Pricing Notice
Special monthly pricing displayed is only available after term
pre-payment. We offer quarterly and semi-annual payments, which carry a
$29.95 setup fee which can not be waived.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web
hosting industry, these terms of service may change. We will post the
changes here, and your continued use of the service means you accept
the changes we have made.
DMCA Copyright Infringement Information
In
accordance with the Digital Millennium Copyright Act, we have adopted a
policy to suspend or terminate the accounts of website owners found to
be in violation of copyright. We respect the intellectual property of
others, and we ask you to do the same. We may, in appropriate
circumstances and at our discretion, disable and/or terminate the
accounts of users who may be repeat infringers. If you believe that
your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide our Copyright Agent (identified below) the
following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
By mail:
Management c/o Hosting Services, Inc. 223 W. Jackson Blvd. #1014 Chicago, IL 60606By phone: 866-643-7427
By fax: 888-846-8731
By email: support@10TB.com
Indemnification
If Hosting Services, Inc. is sued or
threatened with a lawsuit from a third party because of something you
do with the services, or as an affiliate you agree to pick up the tab
if Hosting Services, Inc. is found liable or pays to settle the
dispute. In legal terms, this is called "indemnification." Not only do
you agree to reimburse Hosting Services, Inc. for what it pays to
satisfy a judgment or settle a case, you also agree to pay Hosting
Services, Inc.'s reasonable attorney's fees and all other costs Hosting
Services, Inc. incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have
been kind of easy to read and understand. But our lawyers tell us that
this section, dealing in the disclaimer of warranties, has to retain
its legalese style. Sorry about that. Hosting Services, Inc. EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Hosting
Services, Inc. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Hosting
Services, Inc. DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING
THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some
jurisdictions do not allow the disclaimer of implied warranties, in
which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section
that has to retain its legalese. Simply stated, what this section is
saying is that if something goes wrong, Hosting Services, Inc. cannot
be held liable for it. IN NO EVENT SHALL Hosting Services, Inc. BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS
OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS
ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH
OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT
OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE
SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF
Hosting Services, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Some states may not allow such a broad exclusion or limitation
on liability for damages as contained in these terms of services. In
those states, our liability is limited to the full extent permitted by
law. You agree that in no event shall our maximum aggregate liability
exceed the total amount paid by you for the services in dispute
purchased from us, or, in the event of liability of Hosting Services,
Inc. due to your enrollment in the affiliate program,
Terms Applicable to Affiliates
If you become an affiliate of Hosting Services, Inc., the following terms apply to you.
Our Affiliate Network
To participate as an affiliate, you are required to complete an
affiliate application located at midPhaseAffiliates.com. The
application will be evaluated, and we will notify you in a reasonable
time whether your application has been accepted. At our discretion, we
may decide for any reason that your site cannot participate in our
network. If you are a U.S. resident, we will require that you provide
us with your Social Security Number or Tax ID number. We do not require
this information for international affiliates.
How it Works
We provide our affiliates with unique tracking codes. These codes must
be placed in the HTML of your website and when clicked on will direct
visitors to your site to 10TB.com or one of our other websites. If the
visitor to your site places an order in the following 365 days from the
same computer (cookie tracking) or the same Internet connection (ip
tracking), our automated system will track the sale and automatically
credit your account.
In order for automated tracking to be successful the visitor must have
clicked on your tracking pixel, have cookies and JavaScript enabled in
their browser, not clear cookies or switch Internet Service Providers
before placing your order. If the automated tracking fails for any
reason and you wish to earn commission for this referral you must
contact midPhase Affiliate Support at affiliates@midphase.com. When you
contact us, please include the domain name, full name, and e-mail
address of the customer you referred. The date and time of the order
would also be helpful. If you are not able to provide this specific
information then unfortunately we may not be able to issue a credit to
your account. We will investigate any missed commissions to the best of
our ability, however if we are not able to verify the referral we may
not be able to issue a credit.
Commissions
Commissions will be paid to affiliates based on successful referrals. A
successful referral, or sale, is defined as: a non-fraudulent, active
for a period of thirty (30) days, not cancelled web hosting client who
has paid for services in full and has been directed to us through your
affiliate tracking link.
Because of the high frequency of credit card fraud and cancellation
rates, we reserve the right to hold commissions for up to 60 days for
verification. We also reserve the right to cancel commissions in the
event that we are unable to collect funds, the order is fraudulent, the
customer cancels within the first 30 days, or if we learn that the
commission was earned improperly for any other reason.
There are two pay periods during every month. Pay periods are two weeks
long. The first pay period is from the 1st of the month until the 15th.
The second is from the 16th of the month to the last day of the month.
Hosting Services, Inc. will process affiliate commissions for the past
month period before this on these dates and issue payments. For
example: On January 5th you earn $500 via the midPhase Affiliate
Programs. The commission becomes mature 30 days after we track it, or
in this case on February 5th. The next pay date is February 16th, so on
February 16th you would be paid for these referrals. This time frame
allows us to evaluate every order and assess its validity. In the event
we are unable to verify the order during this time frame, we may, at
our sole discretion, hold your commission or cancel the order.
Cancelled commissions cannot be reinstated.
Base Commissions
Commission rates are posted on www.midPhaseAffiliates.com and
will be updated from time to time. If you have received a custom
commission from us in exchange for a large number of referrals, then
Hosting Services, Inc. may modify your account settings to reflect
this. We consider custom commissions for any affiliate who is able to
send five (5) or more new customers per month. Our various programs are
managed by various affiliate managers, which can be found at
www.midPhaseAffiliates.com
2nd Tier Program
Our 2nd Tier Program allows any
Hosting Services, Inc. affiliate to refer other affiliates and earn a
portion of their earnings. For example: Affiliate A refers affiliate B
to Hosting Services, Inc.. Affiliate A will earn 5% of Affiliate B's
earnings. If Affiliate B earns $100 in commissions, Affiliate A will
also earn $5. In order to be considered a 2nd Tier affiliate, the
affiliate must join using your personal 2nd Tier tracking link. This
link and a list of your 2nd Tier affiliates can be found in the
affiliate system under ‘2nd Tier’ tab at the top.
Affiliate Support Services
Hosting Services, Inc. will provide reasonable support services to
affiliates. Certain affiliates who have demonstrated a high level of
volume will be assigned dedicated account managers. In most cases,
affiliate managers are assigned based on the brand which you are
promoting. For example, affiliates promoting our AN Hosting line of
services will be managed by a different affiliate manager than
affiliates promoting our Hosting Services, Inc. line of services.
Term of the Agreement
The term of this affiliate agreement will begin upon our acceptance of
your affiliate program application, and will end when terminated by
either involved party. Either party may terminate the affiliate
relationship, with or without cause, by giving written notice of
termination to the other. Notice of termination must be delivered to us
by sending an e-mail to affiliates@midphase.com Once terminated, you
will not be eligible to receive commissions for any future referrals.
Governing Law and Choice of Form
The laws of United States, the State of Illinois and the County of Cook
will govern this Agreement, 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 Cook County, Chicago, Illinois. When
These Terms Take Effect
This agreement becomes effective once you submit your order
with us or open an account with us for web hosting services of any kind
(dedicated, vps, shared, etc.) or open an affiliate account at
www.midPhaseAffiliates.com. If you are an existing customer, and you do
not agree with the terms herein, please cancel your account. Otherwise,
if you sign up for or continue to use the services, you agree to what
is written here. If you have any questions regarding these terms of
service, feel free to call us for clarification.
By using Hosting Services, Inc. you agree to the above terms of service.