Terms of Service

Havens Hosting provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Havens Hosting are subject to the following terms of service:


Indemnification Policy

You agree to use all Havens Hosting services and facilities at your own risk. Havens Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Havens Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Havens Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Havens Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Havens Hosting against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Havens Hosting's server.

Havens Hosting reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Havens Hosting's server. Havens Hosting shall be the sole judge of what violates this Policy.


Billing:

At this time we bill monthly, quarterly, semi-annually, depending upon the plan. If you are not satisfied within your first 5 days we will be happy to provide you with a full refund minus any processing fees. You will be asked for various forms of proof which will include screenshots, ping plotter results and any other technical server info that our technicians may request; failure to do so will void any refund request. (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).

We accept PayPal. Clients are encouraged to pay by PayPal as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise on monthly orders. On quarterly, semi-annually products our 5 day refund policy stands therefore after the 5 day period all sales are final unless you can prove without doubt that we are not meeting our 99% uptime guarantee.

We are proud to offer the “Clan pay/Group pay” feature with our products to help your group cover the costs of your services. Payments made using the clan pay feature will show up as credits on your account. You may choose to use these credits to pay your bill at anytime. The credits are non-refundable and have no cash value. If you decide to discontinue your order for our services; clan pay credits are void and can not be turned into cash at anytime.. F.A.Q.

BitCoin Payments You will be able to purchase products and pay invoices with BitCoins. Most services can be paid with BitCoin. The exchange rate is based on BitPay's current exchange rate. The exchange rate when you pay your invoice is what it will be for that invoice only. Partial refunds or credits will not be given should BitCoin crash or exchange at higher values, payments are made as a one time (one off) for each invoice. We may also choose to remove this source of payment at anytime and clients will be responsible for providing another forum of payment.

Stripe Payments We charge a percentage-based fee of 2.9% on all credit/Debit card purchases. The price is the same for all major cards. There’s no additional fee for international cards, failed charges, or refunds.


Late Payments:

All accounts are billed according to the dates they were first activated on. If you do not pay for service renewal within 5 days after deactivation of your account, your account will be suspended and a five dollar late fee will be charged, if paid after the billing due date. If you will not pay for service renew in 60 days after deactivation, your account will be terminated. You will receive a reminder email five (5) days prior to account deactivation. F.A.Q.

If your account becomes past due more than thirty (30) days after the invoice date, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is higher, compounded daily, plus any additional collection costs, credits, charge backs and attorney’s fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services provided by us, with or without prior notice to you, at any time.


Acceptable Use Policy:

All services provided by Havens Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Havens Hosting and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Havens Hosting servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.


Banned Scripts:

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

  • IRC egg drops
  • Proxy servers
  • Mail bombers
  • Anonymous mailers
  • IP spoofers
  • Port scanners
  • Hivemail
  • Telnet or SSH Access Scripts
  • nph-proxy (and other scripts what operates like proxy)
  • UBB (Ultimate Bulletin Board, all versions)
  • lstmrge.cgi
  • phpShell
  • FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.

  • LIMITATION OF LIABILITY:

    Havens Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Havens Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, Havens Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Havens Hosting servers. All damages shall be limited to the immediate termination of service.


    DISCLAIMER:

    Havens Hosting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Havens Hosting are resold. Thus, certain equipment, routing, software, and programming used by Havens Hosting are not directly owned or written by Havens Hosting. Moreover, Havens Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Havens Hosting sees fit. FURTHERMORE, Havens Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

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