Terms of Service
web Hosting Metro (hostingmetro.com, www.hostingmetro.com), is operated by "Hosting Metro"
This service contract (hereinafter the "CONTRACT")
is between Hosting Metro. (hereinafter Hosting
Metro) and the applicant, You: (hereinafter CLIENT) who wishes
Internet web Hosting and/or Co-location services with
The Virtual web Server Internet account and related electronic
services can only be used for legal purposes under all federal,
provincial, state and local laws.
- Relationship Between Hosting Metro and Client
a) Hosting Metro will use its best efforts to maintain a full
time 24/7 Internet presence for CLIENT.
b) CLIENT's rights and privileges can not be sold or transferred
without the written consent and approval from Hosting Metro thirty
(30) days in advance.
c) This contract represents the complete understanding between
CLIENT and Hosting Metro. If CLIENT sells advertising to a third
party the CLIENT will be held responsible for the content
of that advertising and the actions of that third party.
d) CLIENT agrees not to harm Hosting Metro, it's reputation, computer
systems, programming and/or other CLIENTS using Hosting Metro's
- Interruptions in Service
Hosting Metro is not liable for any errors or interruption in
service, whether within or outside of Hosting Metro 's reasonable
control. CLIENT understands interruptions may or may not occur
and CLIENT will hold Hosting Metro free and harmless from any damages
incurred in any event of any time of loss. Service may be
temporarily unavailable for scheduled maintenance, either
by Hosting Metro or by third-party providers, or because of power
interruptions or other causes.
- Password Protection
CLIENT is responsible for protecting CLIENT'S password and
for any authorized or unauthorized use made of CLIENT's password.
CLIENT will not use or permit anyone to use Hosting Metro's service
to guess passwords or to access other systems or networks
without authorization. Hosting Metro will fully co-operate with
law enforcement authorities in the detection and prosecution
of illegal activity.
- IP Addresses
CLIENT must return to Hosting Metro all IP addresses issued by
Hosting Metro to CLIENT if CLIENT discontinues service with Hosting Metro
or if Hosting Metro discontinues service.
- Internet Etiquette
CLIENT is expected to be familiar with and to practice good
Internet etiquette (Netiquette). CLIENT will comply with the
rules appropriate to any network to which Hosting Metro may provide
access. CLIENT should not post, transmit, or permit Internet
access to information CLIENT desires to keep confidential.
CLIENT is not permitted to post any material that is illegal,
libelous, tortuous, or likely to result in retaliation against
Hosting Metro by offended users. Hosting Metro reserves the right to
refuse or terminate service at any time. CLIENT will indemnify
Hosting Metro and hold Hosting Metro harmless from any damage to Hosting Metro's
business, service, equipment, network(s) operations, or reputation
resulting from CLIENT's actions, including but not limited
to any government actions, acts of vandalism or other retaliation,
and any claims of libel, unfair competition, infringement
of any patent, copyright, trademark, service mark, or other
intellectual property right, violation of privacy, or other
- Unsolicited Commercial Email
The Hosting Metro network(s) may not be used to transact Unsolicited
Commercial E-mail (UCE). This is commonly referred to as SPAM.
CLIENTS of Hosting Metro may not use, or permit others to use,
the Hosting Metro network(s) to send UCE. Hosting Metro will not host,
or permit hosting of sites or information that is advertised
by UCE from other networks. Hosting Metro will not permit CLIENTS
to SPAM newsgroups, or SPAM from other networks or that may
or may not point to a site on Hosting Metro's network. CLIENTS
that transact UCE are in breach of this contract. Every reasonable
attempt will be made to contact the CLIENT and allow them
to resolve the problem or complaint before taking action.
Hosting Metro reserves the right to place a temporary block in
the event the CLIENT is unreachable, or is unable to stop
the UCE. CLIENT will constitute this contract as "fair
warning" as to Hosting Metro's strict "NO SPAM"
policy. Hosting Metro reserves the right to terminate services
without any refunds of the unused portion prepaid by CLIENT
when CLIENT is in violation of "NO SPAM" policy.
Notice given by electronic mail shall be deemed received on
(1) business day after it is posted to the recipient's e-mail
address. Hosting Metro will also fine the individual $500.00 per
- Warranty and Assumption of Risk
CLIENT uses Hosting Metro services at CLIENT's own risk. Hosting Metro
makes no warranty expressed or implied, including but not
limited to any warranty of merchantability or fitness for
a particular purpose. Hosting Metro shall not be liable for any
loss or other damage, including but not limited to special,
incidental, consequential, or punitive damages, resulting
from any failure to provide service or from any termination
of service. Hosting Metro has no control whatsoever and shall not
be responsible to CLIENT for the content of any web site or
for the content of any third-party material passing through
or associated with CLIENT's web site, some of which may be
illegal, inaccurate, adult in nature, harmful, or offensive.
- Term of Contract, Termination, and Renewal
a) All contracts are on a month to month basis. CLIENT shall
pay Hosting Metro monthly recurring fees (hereinafter "Recurring
Fees"), plus bandwidth charges as outlined on invoice
(see invoice). Pre-payment of monthly recurring fees is due
by the time stated on Hosting Metro's invoice. Amounts past due
may result in the termination of CLIENT's account. Taxes,
special services and third party charges will be stated separately
on the invoice. CLIENT shall pay all taxes, fees , and governmental
charges. Hosting Metro may change prices upon 60 days prior written
notice either bye-mail or postal correspondence.
b) Hosting Metro has the right to refuse service if CLIENT content
of information provided is deemed illegal, unethical, misleading,
contains child pornography, bestiality, promotion of illicit
drugs, hate groups or literature by CLIENT and/or CLIENT's
third-party. CLIENTS who provide the above-mentioned illegal
content are in breach of the contract. Hosting Metro may terminate
service without notice and without any refunds of CLIENT's
unused pre-paid portion of funds.
c) All cancellations by CLIENT of service or changes in service
must be in writing with at least 30 days notice but not more than 60 days prior written notice and sent to Hosting Metro
with all account information.
d) If CLIENT breaches any part of this contract and Hosting Metro
has to engage the services of an attorney, the CLIENT will
pay any and all of Hosting Metro's reasonable attorney fees and
e) If CLIENT’s credit cards are declined for any reason, CLIENT shall pay web Host Metro $2.00 declination fee. CLIENT shall pay a $100 reconnect charge to web Host Metro if CLIENT’s account service is interrupted for nonpayment.
- Limitation of Liability
In no event shall Hosting Metro or any of its officers, contractors,
or employees be liable for any loss of profit or revenue by
CLIENT or for any consequential, incidental, special or exemplary
damages incurred or suffered by CLIENT, nor for any loss of
power or heating, ventilation, and air conditioning interruption,
even if Hosting Metro has been advised of the possibility of such
loss or damage. CLIENT shall indemnify and hold harmless Hosting Metro
from and against any all claims, costs, expenses or liability
arising out of CLIENT's (inclusive CLIENT's officer, contractors,
employee agents and invitees) collective or individual use,
occupancy or operation of CLIENT's web site content and/or
- Resource Usage
The following restrictions on shared hosting plans:
- Taking up more than 20% system resources for more than 90 seconds. Numerous activities can cause this such as CGI scripts, FTP, PHP, HTTP, MySQL, etc
- Running unattended standalone server side daemons such as IRCD
- Running any scripts (web spider) which indexes websites
- Running any BitTorrent application, tracker, or client. You may link to torrents off-site, but may not host or store
- Running any file-sharing/peer-to-peer activities
- Running any game servers such as Counter Strike, Half Life, BattleField 1942, etc
- Running any cronjobs less than 15 minute intervals
- Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage.
Every file (webpage, image file, email, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on any shared account may potentially result
in a warning first, and if no action is taken future suspension
- Backups and Data Loss
The backup service is provided as a courtesy to our shared and reseller customers. HM will not be responsible for files and/or data residing on your account.
You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored.
Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by HM.
Any shared account using more than 10 gigs of disk space will be removed from daily and weekly backups.
All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
Dedicated and VPS servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this.
Please contact firstname.lastname@example.org for optional backup services. It is your responsibility to maintain backups.
I have read and understand all said terms and conditions
of this contract.
I agree to fully abide by all conditions, rules, regulations