Terms of Service

1. Customer Acknowledgement and Acceptable of Terms

By using any of HostDash's services, the Customer hereby agrees to HostDash's Terms of Service (TOS), Acceptable Use Policy (AUP), and Privacy Policy.

In this TOS, as well as the AUP and Privacy Policy, the usage of "us", "we", "our", and/or "ours" shall constitute a reference to "HostDash" (this company and its employees), the usage of "you", "your", "they", "them", and/or "Customer" shall refer to the client/customer of "HostDash". The usage of "site" and "services" refers to the HostDash website, in addition to any products or services offered on the HostDash website.

HostDash's TOS, AUP, and Privacy Policy will be henceforth referred to collectively as the "Agreement", with a capital "A". Through the use of HostDash's services, the Customer agrees that he or she has fully read and complies with the entire Agreement. If the Customer does not agree with the Agreement, he or she reserves the right to not use the HostDash site and its services.

BY USING THE HOSTDASH SITE AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL OTHER APPLICABLE DOCUMENTS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THIS SITE NOW. IF YOU ARE DISSATISFIED WITH THE HOSTDASH WEBSITE OR ITS SERVICES, YOU MAY STOP USING THE SITE AND/OR THE PARTICULAR SERVICES. YOUR AGREEMENT TO THESE TERMS OF SERVICE BECOMES IMMEDIATELY EFFECTIVE UPON YOUR CONTINUED USE OF THE SITE AND/OR SERVICES.

2. Services Offered by HostDash

HostDash offers a variety of services to its customers which will be referenced as "Services", or "Service" in this TOS. You are solely responsible for providing any equipment necessary for access or use of the services, including a computer, modem, and Internet access - including any expenses.

HostDash reserves the sole right to modify or discontinue any part of the services, at any time, with or without notice. We reserve the right to cancel, suspend, and terminate any account without refund for failure to comply with the Agreement. We will not be held liable to you or any third party should we exercise this right.

2a. Hosting Product Specific Terms

- i. Backups generated on our Shared & Reseller Hosting platform may be deleted after 15 days from the server at our sole discretion. We recommend downloading your backups and removing them from your hosting account.

- ii. For Shared & Reseller Hosting services, the terms "unlimited" and "unmetered" are based on fair use which is defined by our experience with similarly situated customers. In other words, your use of any unlimited resource, including but not limited to disk space and bandwidth may not exceed that of similarly situated customers. The following are prohibited: (a) streaming content, (ii) managing very large photo galleries, (iii) storing large amounts of uncompressed or full-size digital images, (iv) online FTP services, (v) distribution of large audio and video content such as MP3 files, (iv) online backups (for example, storing your desktop/laptop computer backups on your service with HostDash, (iiv) storing & serving any content and files which is not directly related to your website. Under this Agreement, you agree that we may remove any prohibited files or materials from our servers at any time at our sole discretion without notice. We also reserve the right to delete any of the listed file types below if we find they use an excessive amount of disk space, especially if it is affecting other customers: (i) cPanel or other backup files, (ii) Softaculous backups stored locally, (iii) Softaculous backup temp files, (iv) Any website backup files, regardless of the source of generation, (v) Any website backup temp files, regardless of the source of generation (vi) Any backup logs, regardless of the source of generation, (vii) any excessively sized error logs, (viii) any other large files deemed unnecessary for your core websites functionality. In all cases, what is considered an excessively sized file, log, item shall be determined at our sole discretion.

- iii. To ensure the integrity of our Shared & Reseller hosting platforms each cPanel account has limited to a set number of inodes:

• Startup / Lite - 350,000 Inodes
• Growth / Pro - 500,000 Inodes
• Turbo - 750,000 Inodes
• B100, B200, B300 - 1,000,000 Inodes
• All Reseller Hosting Packages - 350,000 Inodes (Per cPanel)
• VPS Hosting Packages: Unlimited Inodes
• Dedicated Servers: Unlimited Inodes

Should your account reach the inode limit, you will not be able to upload any additional files to your account.

2b. Automatic Caching Plugin Installations

HostDash takes great pride in offering the fastest hosting experience possible. To achieve the performance metrics you expect, HostDash may perform automated scans of your website to detect which (if any) caching plugins are in use. Should no caching solution be detected, HostDash reserves the right to apply a server-compatible caching solution on your website. For example, in cases of WordPress users, HostDash may install the LSCache plugin where it is deemed compatible with your website.

Customers have the right to opt out of any automated cache plugin installations by contacting our support team stating such.

3. Free Domain Policy

Host Dash offers a complimentary free domain registration on select plans and billing cycles, as advertised on each applicable plan. Free domain registrations are limited to the following TLD(s): .COM, .NET, .ORG.

The free domain registration offer is only applicable at the time of initial signup and can not be added after you have submitted your order.

In the event you cancel your web hosting account and claim a refund as part of our 60 Day Money Back Guarantee, you will be refunded 100% of your initial payment minus the current listed price of the domain extension.

As per ICANN policies, any domain names registered can not be transferred away from HostDash until a minimum of 60 days have elapsed since the registration date and/or renewal date.

4. Free Trial Policy

Where advertised, HostDash may offer free trials for limited time periods as specified in each promotion. Free trials are strictly limited to one per person. Registering for free trials under different names, email addresses, alias etc. is prohibited and may result in all your accounts being suspended and/or terminated with or without notice.

Free trials may not be combined with any other promotion or discount.

After signing up to a free trial your account & invoice may present your next renewal date being 30 days in advance. We reserve the right to modify these dates within 24 hours of signing up should the advertised free trial period be less than 30 days. For example, if you have signed up for a 14 day trial, your renewal date will be updated within 24 hours to reflect +14 days as the next due date.

We reserve the right to refuse, suspend, or terminate any account under a free trial with or without notice.

If you do not wish to renew after your free trial you are required to submit a cancellation request beforehand. Failing to do so will result in an automatic renewal to the card on file.

5. Backup Services

As per our product details, HostDash provides daily backup service for all hosting clients. The backup service is provided on an as-is and as-available basis, as a supplement to, and not in lieu of your own backup strategies. While we will use commercially reasonable efforts to ensure that our backup service is effectively operating, you agree that no backup program or service is error-free or fail-safe. The backup service may be used to restore data, however, the data restoration may not always result in the data retaining the same or similar configuration.

The number of backups we retain is dependant on your hosting package as defined below:

- Startup & Lite: 10 Daily Backups Retained
- Growth & Pro: 20 Daily Backups Retained
- All Other Packages: 30 Daily Backups Retained (Unless specified differently on the product details page).

Because backup services are designed for disaster recovery, HostDash holds no obligation to provide data in the event that you or an authorized third party requests that data held by us as a result of the backup services for use other than disaster recovery. Should we determine, at our sole and exclusive judgment, to provide the data to you it will be provided at our convenience. You will also be held responsible for any attorney's fees we incur in reviewing, responding to, or producing your data.

6. Registration, Personal Information, and Privacy

All Customers of HostDash must submit personal information during registration via the Order Form. This information includes your First and Last name, Email Address, Address, City, State/Region, Zip Code, Country, Phone Number, and Password ("Registration Information"). It is a requirement that the Registration Information is complete, accurate, and current at all times.

The Email Address is used for notifications including account information, support, server updates, and HostDash news. The Email Address and Password are used to access the Client Area account. The remainder of the information is used to verify the validity of the order. For more information on the use and disclosure of Registration Information, please see our Privacy Policy.

7. Customer Payments

HostDash generates invoices on the anniversary date for your chosen billing cycle from your initial order date. Invoices are generated 7 days prior to your service renewal date and may optionally be paid prior to the due date.

The total amount of the purchase price shall be made payable in full to HostDash by the due date listed on the invoice. Any payments that remain unpaid after five days (5 days) will result in the corresponding hosting account to will be suspended.

Failure to pay the full purchase price within 21 days of your accounts due date will result in the irreversible and unrecoverable termination of the hosting account and deletion of all files and resources associated with it. HostDash may then redistribute any resources previously allotted to the terminated account.

HostDash reserves the right to terminate any account that is overdue for 14 days in the event your domains nameservers or DNS records no longer points to the HostDash servers. In other words, we reserve the right to terminate your account if you have migrated to another hosting provider and are 14 days overedue.

It is prohibited to purchase a second hosting account with the primary purpose of re-claiming a first term discount (for example, the action of purchasing a second hosting account under the first term discount, migrating your first hosting account's data to that new account, and cancelling the first account is prohibited). In such cases, HostDash reserves the right to invoice you the full (non-discounted) rate to your new package minus any fees already paid for the new package.

All hosting accounts will automatically renew on your renewal date. If you do not wish to continue your hosting service with us a cancellation request must be submitted within the client area, prior to your account due date.

Any received chargebacks will result in an immediate suspension of all products and services under your account pending an investigation. A fifty dollar ($50 USD) investigation fee (per chargeback/dispute) will be applied to the associated billing account and services will not be re-activated until these fees has been paid in full, and the chargeback has been resolved. HostDash reserves the right to reject the future use of any and all payment methods from an account for which a chargeback has been previously issued. We reserve the right to refuse services & clients (terminate all packages under your account) associated with a chargeback, regardless of the outcome of the chargeback.

8. Account Cancellation

The Customer may choose to cancel his or her hosting account for any reason or no reason. All cancellation requests must be sent officially via email or the Client Area to the Billing Department. We may require additional information to confirm the cancellation request.

Upon cancellation of an account, invoices for it will no longer be generated. After the cancellation is confirmed, HostDash reserves the right to immediately terminate the account. No account backups will be provided after account cancellation.

The Customer agrees that HostDash does not provide pro-rated refunds for cancellations. Any and all fees associated with the account will not be refunded.

It is prohibited to cancel your account with the primary purpose of re-signing up under a first term discount. In such cases, HostDash reserves the right to invoice you the full (non-discounted) rate to your new package minus any fees already paid for the new package.

9. Refund Policy

Except as explicitly stated in this section, all payments made to HostDash are strictly non-refundable. This includes setup fees and monthly account fees, regardless of usage. All billing disputes must be reported within thirty (30) days of the time that the dispute occurs. Chargebacks (via PayPal or any credit card company) initiated by the Customer are against the Agreement and are subject to immediate suspension or termination of the account.

As per the 60 Day Money Back Guarantee, the Customer may submit a ticket and request a refund for the original payment for Shared Hosting, Reseller Hosting or Business Hosting accounts. The request must be sent within 60 days of the signup date, otherwise, the Money Back Guarantee is no longer valid. Setup fees, domain names, dedicated IP addresses, or other add-on products and charges are not valid under the Money Back Guarantee. In the event that a free item is given as part of a promotional offer, the refund will be equivalent to the original paid amount minus the listed price of the free item. The Money Back Guarantee is void and not applicable to any Customer or hosting account that violates any section of the Agreement.

The 60 day money back guarantee will only be applicable once per new customer. A new customer is defined as a customer never having previously purchased a Service from HostDash in the past.

As per the Service Level Agreement, HostDash offers a percentage discount in the event of server downtime. HostDash guarantees 99.9% uptime, and will offer account credit based on the length of downtime, not to exceed the full one-month payment. No cash will be offered. Server monitoring and determination of downtime will be performed and determined at the end of the month by HostDash alone. Clients must request their refund via Support Ticket within 30 days of downtime incident, otherwise no refund will be awarded.

Refunds will only be offered on the actual hosting fee, not any setup or addon fees. Refunds for downtime will be offered as follows. Uptime is to be reported to a tenth of a percent (if additional decimal places are reported, the number will be rounded to the nearest tenth of a percent).

• 100% - 99.9%: 0% Credit (SLA Met)
• 99.8% - 99.6%: 10% Credit
• 99.5 - 99.3%: 20% Credit
• 99.2% - 99%: 50% Credit
• Less than 99%: 100% Credit

Because HostDash is unable to control any of the following events, downtime due directly or indirectly to Customer fault, acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, labor strikes, fire, explosion, earthquake, flood, the elements, DDOS attacks, and scheduled maintenance will be excluded from the calculation of the monthly uptime.

10. Conduct

HostDash provides visitors access to an interactive Live Chat, Support Ticket System, and public Message Board. Use of any of these services is subject to all applicable laws and regulations, and it is your sole responsibility for any information or use of these services.

Through the use of these services, the Customer agrees not to post any kind of content or data is that unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of one's privacy, or contains any form of sexually explicit content. You agree that you will not post anything that infringes on any patent trademark, trade secret, copyright, or proprietary right of any party. You also agree that you will not use any HostDash's service to attempt to spread software viruses or any form of computer code, files, or programs that are designed with the intent to damage, disrupt, or limit the functioning of any software or hardware or attempt any to gain unauthorized access to data or information owned by HostDash or any third parties.

HostDash does not endorse nor assume liability for the contents of any message or data submitted or uploaded to the site by a user or third party. HostDash reserves the right to comply with appropriate law enforcement in regards to any illegal submissions.

When communicating with a HostDash staff member, either via email, phone, or other service offered on the HostDash website, the Customer agrees to remain civil, courteous, and respectful and to exhibit decent manners at all times. Failure to comply with these rules constitutes harassment and is grounds for immediate cancellation and termination of all HostDash accounts, services, and access. HostDash reserves the right to limit or fully disable your access to the Live Chat system, Message Boards, and the rest of the site at its own discretion.

11. Access to Services and International Use

HostDash reserves the right to limit access to any services provided to anyone, at its sole discretion. HostDash will make no representation that its services will be available to clients located outside of the United States of America. Any access or use of the site must be in compliance with local laws. Any products or services offered by HostDash are void where prohibited.

12. Disclaimer of Warranties

ALL HOSTDASH SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS ONLY. HOSTDASH MAKES NO WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. HOSTDASH MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, NOR REMAIN UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER WE APPEAR TO PROVIDE THESE THIRD PARTY SERVICES. NO WARRANTIES MADE BY THESE THIRD PARTIES SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD-PARTY BENEFICIARY OF SUCH WARRANTIES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IF THIS CASE IS APPLICABLE TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.

13. Limitation of Liability

IN NO EVENT SHALL HOSTDASH BE HELD LIABLE TO YOU OR ANY THIRD PARTIES FOR HARM CAUSED DIRECTLY OR INDIRECTLY TO THE SERVICES, OR YOUR, OR A THIRD PARTY'S, INABILITY TO UTILIZE THE SERVICES, UNLESS IT IS CAUSED BY OUR SOLE AND EXCLUSIVE GROSS NEGLIGENCE. WE WILL NOT BE HELD LIABLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, OR SERVICE INTERRUPTIONS. WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTIES FOR LOST PROFITS, WHETHER DIRECT OR INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, OR DAMAGES OF ANY KIND. THIS PARAGRAPH SHALL APPLY WHETHER OR NOT SUCH POTENTIAL LIABILITY WAS KNOWN TO US, OR SHOULD HAVE BEEN KNOWN. OUR MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIM MADE PURSUANT TO, BASED ON THE SERVICES, THIRD-PARTY VENDORS, OR UNDER ANY THEORY OF LAW, IS THE AMOUNT PAID BY YOU FOR THE SERVICES FOR THE MONTH PRIOR TO THE OCCURRENCE OF THE EVENT OR THE EVENTS GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to indemnify and hold HostDash, and its employees, officers, agents, co-branders, or other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the use of any HostDash service, connection to the HostDash service, the violation of these notices, terms of service and the Agreement, or the violation of any rights of another.

15. Termination of Use

You agree that HostDash may, at its sole discretion, terminate or suspend access to all or part of the site or your account with or without notice for any and no reason, including, without limitation, breach of the Agreement. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension of your account, regardless of the reasons therefore, your right to use the services on this site will immediately cease. You acknowledge and agree that your hosting account may be deactivated and deleted, along with all associated information and files, and you nor any third parties will have no further access to such files or this site. We shall not be held liable for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

16. Governing Law

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

17. Currency and Units

All monetary amounts to which this Agreement and the HostDash website refers shall be in American (USD) dollars. For the entire HostDash website, 1 gigabyte (GB) of disk space or data transfer shall be equivalent to 1,000 megabytes (MB), regardless of conversion elsewhere.

18. Entire Agreement

The Agreement, including all of its component parts, comprises the entire agreement between the Customer and HostDash and supersedes any prior or previous agreements between you and HostDash with respect to the subject matter of this agreement; provided, however, that you agree that you shall be held subject to any additional terms and conditions of which HostDash notifies you from time to time, pursuant to this Agreement.

19. Force Majeure

Neither the Customer nor HostDash shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from events outside the defaulting party's reasonable control, including without limitations acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, labor strikes, fire, explosion, earthquake, flood, the elements, or interruptions of telecommunications providers. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. Notwithstanding above, in the event that Force Majeure has prevented HostDash from performing its obligations under this Agreement for one month, the Customer shall be entitled to terminate this Agreement at no additional cost. The party affected by the Force Majeure shall notify the other party as soon as possible but in no event less than ten days from the beginning of the Force Majeure event.

20. Waiver

Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.

21. Choice of Law, Jurisdiction, and Venue

For all purposes, this Agreement shall be deemed to have been made in the United Kingdom. This Agreement shall be governed by the laws of the United Kingdom. Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by HostDash only.

22. No Agency

This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

23. Severability

In the event that any provision of the Agreement, or its application thereof to any person, place, or person, shall be held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect, and such provision shall be enforced to fullest extent consistent with applicable law.

24. Effective Date

These Terms of Service are effective as of March 1st, 2019. We expressly reserve the right to modify these Terms of Service and the Agreement from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and the Agreement from time to time and familiarize yourself with any modifications. Your continued use of HostDash's website and services constitutes acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

Terms of Service last updated on September 13th, 2021.