1. Additional Policies and Agreements

• Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
  • Privacy Notice
  • Acceptable Use Policy
  • Copyright Infringement Policy
• Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

2. Account Eligibility

• By registering for or using the Services, you represent and warrant that:
  • You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
  • If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
• It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Hostingard is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the Hostingard Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
• You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
• Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
• The Service and any data you provide to Hostingard is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.

3. Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Hostingard be held liable for any lost or missing data or files resulting from a transfer to or from Hostingard. You are solely responsible for backing up your data in all circumstances.

4. Hostingard Content

• Except for User Content (as defined below), all content made available through the Services, including images made available through website builder tools provided by Hostingard (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, "Hostingard Content"), are the property of Hostingard or its licensors. No Hostingard Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any Hostingard Content.
• To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party's trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.
• Any use of Hostingard Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Hostingard Content. All rights to use Hostingard Content that are not expressly granted in this Agreement are reserved by Hostingard and Hostingard's licensors.

5. User Content

• You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Hostingard that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
  
  Solely for purposes of providing the Services, you hereby grant to Hostingard a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Hostingard does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
• Hostingard exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Hostingard's computers, network hubs and points of presence or the Internet. Hostingard does not monitor User Content. However, you acknowledge and agree that Hostingard may, but is not obligated to, immediately take any corrective action in Hostingard's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Hostingard shall have no liability due to any corrective action that Hostingard may take.

6. Compliance with Applicable Law

• You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is location regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Notice) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
  
  For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
  
  To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.

7. Thired party Products and services

• Third-party products and services play a pivotal role in enhancing business operations and extending capabilities beyond in-house resources. These offerings, sourced from external providers, encompass a wide array of solutions ranging from software applications to specialized tools and infrastructure services. Businesses leverage third-party products for various reasons, including cost-effectiveness, expertise access, and scalability benefits. By integrating these products into their operations, organizations can streamline processes, improve efficiency, and stay competitive in dynamic markets. However, selecting the right third-party products requires careful consideration of factors such as reliability, security, compatibility with existing systems, and vendor reputation. Effective management of these relationships ensures smooth integration, optimal performance, and sustained business growth.

8. Prohibited Persons (Countries, Entities, And Individuals)

• Prohibited Persons, which include countries, entities, and individuals, refer to those restricted from engaging in specific activities or transactions due to legal, regulatory, or security concerns. These restrictions are often imposed by governments or international bodies to prevent risks such as terrorism financing, money laundering, or violating trade embargoes.
  
  Countries may be designated as prohibited due to sanctions imposed by multiple nations or international organizations like the United Nations. Entities could range from businesses involved in illegal activities to organizations linked with terrorism or criminal networks. Individuals on such lists are typically those identified as posing a threat to national security or involved in illegal activities.
  
  Compliance with these regulations is critical for businesses and financial institutions to avoid legal penalties and reputational damage. It involves rigorous due diligence processes, including screening customers, partners, and transactions against sanction lists and prohibited persons databases. By adhering to these regulations, organizations contribute to global security efforts while safeguarding their operations from financial and legal risks associated with non-compliance.

9. Account Security and Hostingard Systems

• Account security is a cornerstone of Hostingard Systems, ensuring robust protection measures for user information and preventing unauthorized access. Hostingard employs advanced encryption techniques to secure data during transmission and storage, complemented by stringent authentication processes such as two-factor authentication (2FA). These measures bolster user verification, limiting access to authorized personnel only.
  
  Continuous monitoring and proactive threat detection through intrusion detection systems (IDS) and robust firewall configurations are integral to Hostingard's security framework. Regular security audits and updates fortify systems against emerging threats, maintaining compliance with industry standards and regulations.
  
  Hostingard prioritizes user education on security best practices, fostering awareness and empowering users to safeguard their accounts effectively. In the event of security incidents, Hostingard implements swift response protocols to mitigate risks and restore service integrity promptly.
  
  With a commitment to cutting-edge security technologies and proactive measures, Hostingard Systems ensures users benefit from reliable account security and uninterrupted access to their hosting services.

10. HIPAA Disclaimer. We are not HIPAA compliant.

• HIPAA Disclaimer: We do not claim to be "HIPAA compliant." While we implement robust security measures to protect sensitive information, including encryption and access controls, achieving full HIPAA compliance requires adherence to a comprehensive set of standards and procedures. HIPAA (Health Insurance Portability and Accountability Act) compliance involves specific requirements regarding data privacy, security, and confidentiality in handling protected health information (PHI).
  
  Our systems may offer features and security measures that align with HIPAA principles, such as data encryption and secure transmission protocols. However, users must independently assess our services' suitability for storing or transmitting PHI in compliance with HIPAA regulations. It's essential for healthcare providers and organizations subject to HIPAA to ensure their use of our services complies with applicable laws and regulations, including implementing necessary administrative, physical, and technical safeguards.
  
  We encourage users handling PHI to consult with legal and compliance experts to determine the appropriate measures needed to achieve HIPAA compliance when utilizing our services.

11. Compatibility with the Services

• Compatibility with our services is a key consideration for ensuring seamless integration and optimal performance. Our platform is designed to be versatile and adaptable, supporting a wide range of applications, software, and operating systems. This flexibility allows users to easily integrate our services into their existing infrastructure without significant modifications or disruptions.
  
  We ensure compatibility with popular content management systems (CMS), e-commerce platforms, and database management systems, enabling smooth operations for various business needs. Our technical support team is available to assist with any compatibility issues, providing guidance and solutions to ensure that your applications and services function correctly within our environment.
  
  Regular updates and maintenance of our platform further enhance compatibility, addressing new software releases and emerging technologies. By prioritizing compatibility, we aim to provide a user-friendly experience that maximizes the utility and efficiency of our services for all clients.

12. Billing and Payment Information

• Billing and payment information is managed with the utmost care and security to ensure a seamless and trustworthy experience for our clients. Our platform supports multiple payment methods, including credit cards, debit cards, PayPal, and bank transfers, providing flexibility and convenience. All transactions are processed through secure payment gateways that employ advanced encryption to protect your financial data.
  
  We offer transparent billing practices with detailed invoices outlining all charges, ensuring clarity and helping you manage your budget effectively. Clients can access their billing history and manage payment preferences through our user-friendly online portal. Additionally, automated billing and reminders help you stay on top of your account without the hassle of missed payments.
  
  For any billing or payment inquiries, our dedicated customer support team is readily available to assist, ensuring that all issues are resolved promptly and satisfactorily. Our goal is to provide a hassle-free billing experience, allowing you to focus on your core business activities with confidence in the security and accuracy of your financial transactions.

13. Money-Back Guarantee

• Our 30-day money-back guarantee is designed to offer you complete confidence and peace of mind when choosing our hosting services. If, for any reason, you find our solutions not meeting your expectations, you can request a full refund within the initial 30 days of purchase. This commitment ensures you can evaluate our offerings risk-free, ensuring they align perfectly with your business needs.
  
  At Hostingard, our dedication to quality and customer satisfaction drives us to consistently deliver reliable and efficient hosting solutions. The money-back guarantee underscores our confidence in the value and performance of our services, giving you the assurance needed to make an informed decision. We believe in transparency and accountability, ensuring that every client experiences the utmost satisfaction and reliability in their online ventures.
  
  By choosing Hostingard, you're not just selecting a hosting provider; you're partnering with a team committed to your success. Whether you're launching a new website or looking to upgrade your current hosting plan, our support team is here 24/7 to assist you every step of the way. Experience the difference with Hostingard and discover why thousands of businesses trust us with their online presence.

14. Cancellations and Refunds

• Our cancellations and refunds policy is designed to be clear and customer-friendly, ensuring a smooth experience for all our clients. If you wish to cancel your service, you can do so at any
  time by contacting our customer support team or through your online account portal. We strive to process all cancellation requests promptly and efficiently.
  
  Refund eligibility depends on the timing and nature of the service cancellation. If you cancel within the
  first 30 days of your initial purchase, you may be entitled to a full refund under our money-back guarantee policy. For cancellations made after the 30-day period, refunds may be prorated based on the remaining unused service term, and certain non-refundable services or products may be excluded.
  
  Our dedicated support team is available to assist with any questions or concerns regarding cancellations and refunds, ensuring you receive the necessary information and assistance. We aim to make the process as
  transparent and hassle-free as possible, reflecting our commitment to customer satisfaction.

15. Resource Usage

• Resource usage is a critical aspect of our hosting services, designed to ensure optimal performance and reliability for all users. Our plans allocate specific amounts of CPU, RAM, disk space, and bandwidth to each account, tailored to meet diverse business needs. Monitoring your resource usage is essential to maintaining the smooth operation of your website or application.
  
  We provide detailed reports and tools to help you track your resource consumption in real-time, allowing you to identify potential issues before they affect performance. If your needs grow, our scalable plans enable you to easily upgrade resources, ensuring your website or application can handle increased
  
  traffic and demand. To maintain fair usage and prevent any single account from impacting others, we enforce resource limits and offer guidelines on optimizing your resource usage. Our support team is always available to provide assistance and recommendations for efficient resource management, ensuring a seamless and reliable hosting experience for all users.

16. Uptime Guarantee

• Resource usage is a critical aspect of our hosting services, designed to ensure optimal performance and reliability for all users. Our plans allocate specific amounts of CPU, RAM, disk space, and bandwidth to each account, tailored to meet diverse business needs. Monitoring your resource usage is essential to maintaining the smooth operation of your website or application.
  
  We provide detailed reports and tools to help you track your resource consumption in real-time, allowing you to identify potential issues before they affect performance. If your needs grow, our scalable plans enable you to easily upgrade resources, ensuring your website or application can handle increased
  
  traffic and demand. To maintain fair usage and prevent any single account from impacting others, we enforce resource limits and offer guidelines on optimizing your resource usage. Our support team is always available to provide assistance and recommendations for efficient resource management, ensuring a seamless and reliable hosting experience for all users.

17. Reseller Terms and Client Responsibility

• Our reseller terms outline the responsibilities and expectations for clients who choose to resell our hosting services. As a reseller, you are responsible for managing your own clients, including billing, support, and account management. It is crucial to maintain clear communication and provide timely support to ensure a positive experience for your clients.
  
  You must adhere to our acceptable use policy and ensure that your clients do the same, preventing any activities that could harm our infrastructure or violate legal regulations. Any misuse of resources or violation of terms by your clients could result in suspension or termination of services.
  
  We provide you with the tools and resources needed to manage your reseller account effectively, including a control panel, billing software, and technical support. It is your responsibility to stay informed about updates and changes to our policies and services.
  
  By fulfilling these responsibilities, you help maintain a high standard of service, fostering a reliable and trustworthy hosting environment for all users.

18. Shared (non-reseller accounts)

• Shared hosting for non-reseller accounts provides a cost-effective solution for individuals and small businesses looking to establish an online presence. In a shared hosting environment, multiple websites share resources on a single server, including CPU, RAM, and disk space. This setup allows hosting providers to offer affordable plans with basic features like email accounts, databases, and support for popular web applications.
  
  Users benefit from easy setup and maintenance, with the hosting provider managing server administration and technical support. However, resource allocation and performance may be affected by the activities of other websites sharing the server. It's essential for users to adhere to acceptable use policies to avoid overloading the server and impacting other sites' performance.
  
  Shared hosting is suitable for websites with moderate traffic and resource requirements. It provides a balance between affordability and functionality, ideal for blogs, small business websites, and personal projects that do not require dedicated resources or extensive customization options.

19. Dedicated Servers

• Dedicated servers offer exclusive use of a physical server entirely devoted to a single user or organization. This hosting solution provides unparalleled control, security, and performance optimization capabilities compared to shared or virtual hosting environments. Users benefit from dedicated resources such as CPU, RAM, storage, and bandwidth, which are not shared with other clients.
  
  With dedicated servers, users have the flexibility to customize server configurations, install specific software, and tailor security measures to meet their unique needs. This level of control is particularly advantageous for websites with high traffic volumes, resource-intensive applications, or sensitive data requiring enhanced security protocols.
  
  Dedicated servers ensure reliable performance and uptime, minimizing risks associated with server congestion or performance fluctuations experienced in shared hosting. They are preferred by businesses and organizations requiring robust hosting solutions capable of supporting mission-critical operations, e-commerce platforms, or applications with stringent performance requirements. Additionally, dedicated server hosting typically includes comprehensive technical support and maintenance services to ensure optimal server performance and availability.

20. Appointment Booking

• Dedicated servers offer exclusive use of a physical server entirely devoted to a single user or organization. This hosting solution provides unparalleled control, security, and performance optimization capabilities compared to shared or virtual hosting environments. Users benefit from dedicated resources such as CPU, RAM, storage, and bandwidth, which are not shared with other clients.
  
  With dedicated servers, users have the flexibility to customize server configurations, install specific software, and tailor security measures to meet their unique needs. This level of control is particularly advantageous for websites with high traffic volumes, resource-intensive applications, or sensitive data requiring enhanced security protocols.
  
  Dedicated servers ensure reliable performance and uptime, minimizing risks associated with server congestion or performance fluctuations experienced in shared hosting. They are preferred by businesses and organizations requiring robust hosting solutions capable of supporting mission-critical operations, e-commerce platforms, or applications with stringent performance requirements. Additionally, dedicated server hosting typically includes comprehensive technical support and maintenance services to ensure optimal server performance and availability.

21. Email Marketing

• Email marketing remains a powerful tool for businesses to engage with customers, build relationships, and drive conversions. It involves sending commercial messages to a targeted audience via email, typically for promoting products, services, or content. Effective email marketing campaigns leverage personalized content, compelling subject lines, and clear calls-to-action to maximize engagement and ROI.
  
  Key strategies in email marketing include segmenting the audience based on demographics, behaviors, or interests to deliver relevant content, optimizing email design for mobile responsiveness, and adhering to best practices for deliverability and compliance with regulations like GDPR or CAN-SPAM.
  
  Automation tools streamline campaign management by scheduling emails, segmenting lists dynamically, and analyzing performance metrics such as open rates and click-through rates. These insights help marketers refine strategies and improve campaign effectiveness over time.
  
  Successful email marketing requires a balance of creativity, data-driven insights, and adherence to ethical standards to build trust and maintain positive relationships with subscribers. It remains an essential component of digital marketing strategies for businesses seeking to connect authentically with their audience and achieve marketing objectives.

22. store

• Email marketing remains a powerful tool for businesses to engage with customers, build relationships, and drive conversions. It involves sending commercial messages to a targeted audience via email, typically for promoting products, services, or content. Effective email marketing campaigns leverage personalized content, compelling subject lines, and clear calls-to-action to maximize engagement and ROI.
  
  Key strategies in email marketing include segmenting the audience based on demographics, behaviors, or interests to deliver relevant content, optimizing email design for mobile responsiveness, and adhering to best practices for deliverability and compliance with regulations like GDPR or CAN-SPAM.
  
  Automation tools streamline campaign management by scheduling emails, segmenting lists dynamically, and analyzing performance metrics such as open rates and click-through rates. These insights help marketers refine strategies and improve campaign effectiveness over time.
  
  Successful email marketing requires a balance of creativity, data-driven insights, and adherence to ethical standards to build trust and maintain positive relationships with subscribers. It remains an essential component of digital marketing strategies for businesses seeking to connect authentically with their audience and achieve marketing objectives.