Home Terms of Service

TERMS OF SERVICE

Last Update: 3/25/2009


Modification

NRGProHost.com reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changed Hostdime may reasonably make to this agreement when such changes are made. If you have purchased services or software from Hostdime, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.  You agree that you will be responsible for notifying NRGProHost should you require to terminate your use of NRGProHost’s services. Notification of your intent to terminate must be provided no earlier than 5 days prior to your billing date.

Privacy

NRGProHost will not sell, distribute, reveal, or otherwise make available any customer information. We contribute a great amount of time and help to anti-spam organizations and take great pride in IT security. Should we need to contact you directly regarding your specific account or service we will do so via email only or phone.

Satisfaction Guaranteed

90 Day Guarantee Statement:  If for any reason you are unhappy with the services you receive from NRGProHost during the first 90 days of service, you may request in writing via email or by our cancellation form (as mentioned below) that your services be discontinued at which time you will receive a full refund. You must also state a detailed reason as to why you are canceling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel.

New Accounts

All new web hosting accounts purchased on our order page are set up within 24 hours by our account administrators. You will receive two (2) emails including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and NRGProHost, this process may sometimes be delayed.

Domain Names and Domain Transfers

In order for your domain name to point to the NRGProHost server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. These DNS are located in your welcome email and they are defined in a pair (primary- ns1.nrgprohost.com and secondary- ns2.nrgprohost.com). Please note: Our DNS are unique to each server so if you sign up and then a few months later open another account, you will not be using the same DNS as before.

Content

NRGProHost believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain time frame or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of what your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individualy, which have growing and evolving content, is impossible. However, if HostDime.com, Inc. is made aware of any questionable content on a HostDime-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a HostDime server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.

Liabilities

NRGProHost makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall NRGProHost be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department.

Payments and Agreement to Pay

As consideration for the software or services purchased by you and provided to you by NRGProHost, you agree to pay NRGProHost at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. NRGProHost expressly reserves the right to modify pricing through email notification and/or notice on its web site. You may make payment by providing either a valid credit card or PayPal email address.

Shared hosting, reseller hosting, dedicated servers and collocation services are all billed on an automatic basis. If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchased the services unless that date falls after the 28th of the month in which case your billing date will be the 28th of each month. If you signed up for an annual (or longer payment plan), NRGProHost will automatically renew your services when they come up for renewal and will take payment from the payment method you have on file with NRGProHost at NRGProHost's then current rates.

If for any reason, NRGProHost is unable to charge your payment method for the full amount owed, or if NRGProHost is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that NRGProHost may peruse all available remedies in order to obtain payment. You agree that among the remedies NRGProHost may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or services registered or renewed on your behalf.

You agree that you are solely liable for arranging that your services are renewed, and that NRGProHost shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the account holder for services.

Late Payments

If at any time, your hosting payments become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation.

Accounts are at risk for suspension of service if payment for hosting is not received 10 days after the due date.

If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A $50.00 charge back fee will be added to the amount disputed by the customer.

We only accept credit cards, debit cards, or PayPal for payment of services. Yearly plans renew automatically and are charged to the most recently updated credit card (or Paypal address) on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.

Any debt not paid 90 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 USD collection fee added to the balance previously due.

Please note that NRGProHost holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances.

PLEASE ADDRESS ANY QUESTIONS REGARDING PAYMENTS TO OUR ACCOUNTING DEPARTMENT BY OPENING A TICKET AT OUR HELPDESK 

Invoices are considered as late after the 10th day of the month. After this date, past due clients will be subject to suspension and a $15.00 late fee will be applied.

Suspensions will run between the 10th through the 12th day of each month. We avoid running suspensions over the weekend in order to avoid inconveniencing our clients with prolonged downtime.

Overage Charges

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.

Refunds/Account Termination

If, for any reason, NRGProHost fails to deliver said services to you, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces NRGProHost to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been canceled your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a refund for the remainder of the billing period. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated refund based on the monthly rate of the same hosting plan. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.
Last Updated on Thursday, March 26, 2009, 02:49am