Terms of Service
1. General Terms
In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
1.1. Customer agrees to pay, in advance of each monthly, quarterly (3 months), semi-anual (6 months), or annual service term, for hosting services to be rendered.
1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order SocketHost’s service for a certain minimum period of time.
1.3. Customer agrees to a no-refund policy in advance (unless otherwise noted). Setup fees and monthly web hosting service fees are non-refundable (unless otherwise noted).
1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days.
1.5. SocketHost is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for SocketHost’s services.
1.6. SocketHost is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for SocketHost’s services.
2. Agreement for Services
SocketHost will provide, and Customer will purchase and pay for, the Web hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to SocketHost.
3.1.1. Customer must pay in full for the Services before SocketHost begins to provide the Services to Customer. Invoices are generated 5 days before renewal and customer agree that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that SocketHost may apply the amount due at any time to the credit card listed on file.
3.1.2. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup.
3.2. Payment is due on the defined monthly recurring billing date of each month. All returned checks will be charged a $20.00 service fee. Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by SocketHost will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to SocketHost a “Processing and Collection” Fee of not less than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.
4. Delinquent Accounts
SocketHost may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which SocketHost may be entitled under this Agreement or under applicable law.
5. Account Cancellation
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by e-mailing our customer support at with with the SUBJECT: “ATTN: Cancellation Request”with the following information:
- Full Name:
- Control Panel Username:
- Domain Name:
- E-Mail Address:
- Hosting Plan:
- Reason (Optional): Please leave us a feedback so that we may better ourselves and provide a higher level of service. Your feeback is appreciated.
Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.
Paypal paying customers cancelling their paypal subscription payment does not warrant cancellation of service. All cancellations must go through via our cancellation procedure mentioned above.
Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that SocketHost does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.
6. Refunds and Disputes
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO SOCKETHOST ARE NONREFUNDABLE.
All payments to SocketHost are nonrefundable. SocketHost DOES NOT HAVE ANY SORT OF MONEY BACK GUARANTEE! This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in SocketHost’s sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.
We understand that downtime can lose you customers and lose us your business, but we offer no guarantees. Our current network uptime is over 99.9%. We also fully support any hardware and networking issues you may have. In the event of a hardware-related problem, we will immediately replace any failed component at no cost to you. Replacements are usually made within 24 hours. We will make every attempt to correct the problem as soon as possible. You will be notified by e-mail once the problem is resolved.
7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
8. SocketHost reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:
8.1. the Acceptable Use Policy
9. Customer agrees to defend, indemnify, and hold harmless SocketHost, and the parents, subsidiaries, successors, assigns, employees and agents of SocketHost against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
10. SocketHost SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
10.1. ANY 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 SocketHost ’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
10.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
11. SocketHost PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SocketHost 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 SocketHost SHALL HAVE NO LIABILITY THEREFOR.
12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SocketHost DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
13. SocketHost 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 INTERNET.
14. No Waiver of Rights by SocketHost
Any failure by SocketHost to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of SocketHost’s rights.
15.1. From SocketHost to Customer
SocketHost will notify you by e-mail of any notices that SocketHost is required to provide to you under this Agreement, at the most current e-mail address you have provided to SocketHost. By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that SocketHost has your most current e-mail address, and SocketHost shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that SocketHost sends to the most current e-mail address you have provided to SocketHost.
15.2. From Customer to SocketHost
Unless otherwise specified in this Agreement, notices to SocketHost shall be sent to the following e-mail address:
All monetary amounts to which this Agreement refers shall be in United States dollars.
17. Entire Agreement
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and SocketHost, and supersedes any prior or previous agreements between you and SocketHost with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which SocketHost notifies you from time to time, pursuant to this Agreement.
18. No Oral Modification of this Agreement
This Agreement may not be modified orally.
19.1. Customer shall not assign or attempt to assign its obligations under this Agreement without SocketHost’s prior and express written consent to such assignment.
19.2. SocketHost may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
20. Severability of Terms of this Agreement
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.
21. Limitation of Actions Arising Under this Agreement
Any cause of action you may have with respect to SocketHost’s performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
22. Denial of Service
SocketHost reserves the right to refuse or discontinue service to anyone at our sole discretion.