Terms of Service
In this Terms of Service Agreement (TOS) "you" and "your" refer to the purchaser of services, "we", "us", "our" refer to CelerityOnline, LLC (DBA HostCincinnati) and "Service(s)" refers to any hosting, or similar services that you may have purchased from HostCincinnati.
BY YOUR USE OF HOSTCINCINNATI SERVICE YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED HEREIN. Read the following in its entirety as it contains the Terms and Conditions for use of HostCincinnati services and your use of the services constitutes acceptance of these Terms and Conditions and acknowledgement of a binding contract based on the same. These Terms and Conditions, together with HostCincinnati's Acceptable Use Policy (herein referred to as "the AUP"), all applicable pricing and software license agreements and any written agreements executed by both parties represents the complete agreement ("Agreement") between HostCincinnati and you. The current Terms and Conditions and AUP supersede any other written or oral agreement pertaining to your HostCincinnati service, other than a specific written contract signed by both parties. In the event of such specific written contract signed by both parties, these terms and conditions and the written contract shall constitute the entire contract and in the event of a direct conflict between the two, the terms and conditions of the written agreement shall govern as to the specific conflict.
Do not use HostCincinnati Services if you do not agree to be bound by these Terms and Conditions. If you currently have a HostCincinnati account and do not want to be bound by these Terms and Conditions immediately end your use of HostCincinnati services. If you have any questions regarding these Terms and Conditions it is your responsibility to contact HostCincinnati.
You agree that HostCincinnati may revise the Terms and Conditions of this Agreement as set forth below at any time by posting on our website at http://www.hostcincinnati.com/legal/tos. You agree to review this site for revisions. By your continued use of HostCincinnati services after the effective date of any revision, you agree to be bound by and comply with the revised AUP.
The most current version of this Acceptable Use Policy may be found at:
HostCincinnati will provide selected Internet services ("Services"), based on the type of account you choose, in exchange for recurring payment of subscription fees and full compliance with this agreement. Bundled services may not be used separately.
As an account holder, you bear full responsibility for communications and/or content provided via your HostCincinnati account and all charges to your account. In addition to this agreement, you agree to abide by the terms and rules of any third party servers, networks or systems, that you may make use of or access with your HostCincinnati account.
You assume responsibility for all conduct and content transmitted or stored using your account, with or without your knowledge or consent. You agree to protect and maintain the security of your account, password, files and data, network and user access, and any information and messages transmitted or provided via HostCincinnati and any other Internet service.
HostCincinnati reserves the right to provide information through distribution of a newsletter through either electronic means or via U.S. Mail.
3. USE OF SERVICE; COMPLIANCE WITH AUP & LAWS
You agree to comply with the HostCincinnati Acceptable Use Policy (AUP), all service specific AUPs and all applicable laws. When HostCincinnati has reason to suspect any violation of this Agreement or any statute or regulation or AUP, we may, at our sole discretion, begin an investigation or take such other action, as we deem appropriate under the circumstances. Such an investigation may include, but not be limited to, gathering information from and about the account holder, including examining the content of personal electronic communications, web pages, and any other data or files on HostCincinnati's systems. By using the Services you consent to such investigation. During an investigation HostCincinnati may suspend account access, and remove or deny access to files and data, as we deem necessary. You agree to cooperate with any such investigation.
In the event that HostCincinnati, at its sole discretion, determines that a violation of this Agreement or AUP has taken place, may, but is not obligated under this agreement to, take enforcement measures. Such enforcement is at HostCincinnati's sole discretion and may include, without limitation:
Notices and/or warnings about future violations. Suspension or termination of any or all HostCincinnati accounts and Services used to violate this Agreement, the AUP, any state or federal law and/or belonging to the account holder. HostCincinnati reserves the right to discontinue any and all Services to you, at any time, and without notice when HostCincinnati determines that your account has been used to violate this agreement, the AUP or any state or federal law.
Removal of any or all messages, files and/or data stored on or transmitted via HostCincinnati systems. Filing of criminal charges or initiation of civil action, as HostCincinnati sees fit, against the account holder and/or parties known or unknown.
HostCincinnati reserves the right to restrict or prohibit access to any part of its system, at its sole discretion and as it sees fit, to protect its interests, the interests of the majority of its users, and to maintain consistent availability of system resources. You agree that for each violation, HostCincinnati may, at its sole discretion, bill you a handling charge for actual costs, lost income, and other liability incurred due to said violation. You agree to remit the billed amount within 30 days of receipt of such billing. You agree that, absent payment in full, HostCincinnati may submit the billing for collection.
HostCincinnati's reservation of rights does not imply nor impose on HostCincinnati any obligation to monitor or enforce your obligations under these Terms and Conditions or the AUP or your compliance with any state or federal law.
Any use of HostCincinnati software or third-party software distributed by HostCincinnati is governed by the end-user license agreement that accompanies the software. Use of such software indicates your complete agreement with and acceptance of any and all terms in any such license agreement.
4. SERVICE & RATE CHANGES
Due to the changing nature of various factors affecting technology, telecommunications and the Internet HostCincinnati may, at its sole option, decide to change services and/or rates from time to time. HostCincinnati reserves the right to change or discontinue services or rates at any time upon 30 days notice. Notices may be given electronically via e-mail, by posting on the HostCincinnati website, or by telephone contact and shall be deemed given when sent, when posted or when contact is made. In the event that you do not agree to such service or rate change you may 1) if you are on a month-to-month account, terminate your account or 2) if you have committed to a specific term, notify HostCincinnati by email or online of your intent to terminate the account and if the service or rate change is determined to apply to your account then you may cancel without incurring an early termination fee. Any reduction in fees will not apply until such time as an account is renewed.
5. MINIMUM AGE REQUIREMENTS
HostCincinnati account holders must be at least eighteen (18) years of age.
You agree to provide HostCincinnati with complete and accurate billing information at the time your account is created and to update this information within 30 days of any change. Such billing information includes, without limitation, your legal name, mailing address, and telephone number(s) and any applicable e-mail addresses. Providing false billing information shall be cause for immediate and permanent termination of the account. You agree that you are responsible for making payment in full for any account you have opened.
HostCincinnati bills in cycles (the "Billing Cycle"). Charges for new accounts may be prorated. Charges for terminating accounts are not prorated. Service payments may be required in advance of receiving Services. The starting date of the billable period will be the earlier of the day we receive the electronic order form, the day customer signs up via fax or the day a phone order is received and entered.
Unless otherwise agreed based on the Service provided and applicable fee schedule or in specific written contract signed by both parties, Payment is due upon the due date noted on the bill. Delinquent accounts are those that remain unpaid 5 days after the due date. Invoices with payment terms of Net 30, become delinquent if payment in full is not received by the end of the term. Delinquent accounts may incur a late charge.
Payment for Services Received - You agree to pay for all of services you receive at the rates posted on HostCincinnati website or at the rates otherwise contractually agreed to. It is the customer's responsibility to keep track of all additional services received, including but not limited to additional email addresses and data transfer and data storage in excess of the amounts included in your base service plan. HostCincinnati will bill you for such additional services as they are provided.
Credit Card or Automatic Bank Withdrawal: If the payment method is credit card, the customer may obtain a copy of the invoice upon request via e-mail and it will be sent to the address listed on the e-mail account. Depending on the Service HostCincinnati may also automatically send you an invoice via e-mail on or prior to the billing date. You do not need to respond to this e-mail, it is for informational purposes only. HostCincinnati's system will automatically charge your credit card or withdraw the amount due from the bank account for the payment. If for any reason your credit card company or bank refuses to make payment of the amount billed to your credit card or submitted for automatic withdrawal on your checking account, your account will be placed in a delinquent status, which may, at HostCincinnati's sole discretion, include immediate suspension without notice. It is your responsibility to contact HostCincinnati with updated information and payment arrangements if you cancel the applicable credit card or change banks associated with the automatic withdrawal.
Checks or Money Orders: If you are set up to pay by mail in check you will be invoiced in advance of the start of the new period. This will allow you time to mail in payment to ensure your service is continued un-interrupted. If or some reason (vacation, travels etc.) you feel you do not have time to mail payment in time to prevent un-interrupted service it is your responsibility to notify HostCincinnati and explain the situation. You are responsible for payment for the Services regardless of if you receive an invoice. HostCincinnati reserves the right to charge a $25 service charge for each returned check and to immediately send any returned check to collection. You are responsible to ensure that payment to HostCincinnati made by check or money order is sent to:
8216 Princeton-Glendale Rd. #258
West Chester, OH 45069
Out of country sign ups: All customers signing up for service, who are not located in the United States, must submit payments via credit card only. When signing up, all payments made to HostCincinnati for Services must be done in US Currency only.
7. DELINQUENT OR NON-PAYMENT
HostCincinnati reserves the right to suspend accounts without notice that have an outstanding balance for monthly recurring fees, setup fees, handling charges, or any other fees and charges that may be due. Suspended accounts continue to accrue charges until restored or purged, even if the account holder does not use the account. Accounts that are delinquent by more than 30 days may be purged from the system without notice and without recourse to the account holder for any lost files or data stored on HostCincinnati's systems or equipment. The balance due on any account purged from HostCincinnati's system remains due and may be sent to collection if not paid in full. You agree to pay HostCincinnati all costs, including attorney fees and court costs associated with HostCincinnati's collection of your past due amounts.
Payment by fraudulent means for any HostCincinnati account or service will result in immediate and permanent termination of the account and may result in possible civil damages and criminal penalties. HostCincinnati prosecutes check and credit card fraud.
HostCincinnati reserves the right to charge a service reconnection fee to reinstate suspended accounts.
HostCincinnati reserves the right to require, as permitted by law, the customer to reimburse HostCincinnati for reasonable costs incurred with collecting delinquent charges. Such costs may include, but are not limited to, collection agency fees as well as the costs of internal collection resources and attorney fees.
8. CANCELLATION OF SERVICE
Unless otherwise subject to a term commitment, this Agreement shall be on a month-to-month basis until cancelled by you or HostCincinnati. Likewise, upon completion of any term commitment our Agreement will be on a month-to-month basis until cancelled by you or HostCincinnati. All cancellation of service requests for HostCincinnati accounts must be given via email to HostCincinnati's Customer Care Center (Email address available on the contact section of HostCincinnati's website) or must be in writing via US Mail to be effective. Such requests must be received by 5PM Eastern Standard Time on the last day of each month, in order to be processed by the end of the same month. If your payment is set up via credit card or automatic withdrawal it is your responsibility to assure that such charges or withdraws are stopped upon termination of service as HostCincinnati's responsibility for any such charges collected after the alleged termination of service shall be limited to refund of one months charges collected from you. Cancellations will be effective as of the end of the customer billing cycle.
All services without a term commitment will be billed through the end of the current billing cycle after disconnect notification is received.
9. EARLY TERMINATION CHARGES
If you are subject to a term commitment and cancel service prior to the end of the term liquidated damages in terms of early termination charges will apply as follows:
Up to Twelve month term: If your term commitment is for 12 months or less and you cancel or terminate other than due to a material, uncured breach by HostCincinnati then you agree to pay liquidated damages equal to 3 times the monthly plan price for all contracted services or the remainder of the contracted price if less than 3 months remain in the contract.
You acknowledge and agree that various benefits were given to you in exchange for your agreement to enter into a term commitment contract, which benefits may have included better price terms and/or waiver of certain costs of the service and that a precise measurement of damages arising from your failure to comply with your term commitment would be extremely difficult to measure, thus you agree that the liquidated damages listed above are a just and reasonable measure of damages resulting from such non-compliance.
You agree to defend, indemnify and hold HostCincinnati, our officers, directors, employees, and agents, harmless from any and all claims, losses or damages related to any action, in whole or in part, taken by you or any person using your account, including but not limited to, any violation of this agreement, the AUP or any state or federal law, any viewing by or exposure of any minor or other person to any content on the Internet and/or any disputes which result from or are related in any way to the content of information passing through HostCincinnati's network or equipment or to your use of HostCincinnati services, equipment, bundled software, or the Internet. You agree to defend, indemnify and hold HostCincinnati, our officers, directors, employees, and agents harmless from all claims, losses and damages, including costs and attorney's fees from any such actions.
11. LIMITATION OF LIABILITY
You understand, agree and acknowledge that in no event and under no legal theory, shall HostCincinnati be liable to you or any third party for the any damages, business loss, revenue decrease, loss of your domain name, expense increase, lost profits, costs of substitute products/services or any consequential, special, incidental, punitive or indirect damages of any kind arising from your use or inability to use, any of HostCincinnati's services, any malfunction or incompatibility of technologies included with HostCincinnati's services, any technologies added, removed or altered by customer or third party, including but not limited to, scripts and/or software used for or on the creation or operation of customer's website, or any breach of this Agreement. All of the foregoing is applicable regardless of whether HostCincinnati has been advised of the possibility of such damages. You understand and agree the Services are priced in a manner that contemplates such limitations of liability.
You agree that you will not sue and are not entitled to recover any damages whatsoever from HostCincinnati, its officers, directors, employees, members, affiliates, subsidiaries, consultants and agents, as a result of HostCincinnati's decision to remove material from our servers, cancel a posting, warn you, suspend or terminate your account or take other action during the investigation of any suspected violation of law or the AUP or as a result of any conclusion by HostCincinnati that any such violation has occurred. In no event shall HostCincinnati's liability exceed the initial fee or one (1) month's fee paid by customer to HostCincinnati. This limitation of liability and risks is reflected in the price of HostCincinnati's services.
12. WARRANTY INFORMATION AND DISCLAIMERS
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT HOSTCINCINNATI MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE REGARDING ANY SERVICE, USE OF THE SERVICE, HARDWARE, SOFTWARE, OR THE QUALITY, ACCURACY, OR VALIDITY FOR THE DATA AND/OR INFORMATION AVAILABLE.
You acknowledge that the information available through the interconnecting networks (including the Internet) may not be accurate and that HostCincinnati has no ability or authority over the material. Use of information obtained from or through HostCincinnati is at the risk of the customer.
You understand, agree and acknowledge that certain technologies, developments and innovations are being licensed, or co-branded, from or by, third-party entities and that HostCincinnati makes no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), technology, equipment data and/or information involved in such items. The use of these application(s), data and/or information obtained from or through HostCincinnati, or any other third-party, directly or indirectly, is at your risk.
Use of the Internet and the information available through it is at your own risk. Many sites and areas provide access that could be considered harmful or offensive or material that is intended for adult audiences.
HostCincinnati exercises no active control over the content of user provided or requested information passing through our network or systems. You should anticipate that disputes might arise between yourself and other individuals and entities related to such content. Such disputes, either based in fact or the imagination of one or more parties, may involve, but are not limited to: infringement of copyrights, trademarks, or other intellectual property rights; the use or misuse of domain names; defamation; invasion of privacy; fraud; spelling and grammar; the accuracy of quotations and other statements; and the use or misuse of information. HostCincinnati will take any and all appropriate steps set forth in the Digital Millennium Copyright Act (17 USCS 101 et seq.), including possibly taking down materials on a site or restricting access to the site upon receipt of a 'complaint' under such Act, to protect itself from liability in regards to allegations of copyright infringement. You agree that HostCincinnati is not responsible for mediating or providing mediation for disputes between yourself and other parties. You agree to sole responsibility for content provided by or viewed by use of your HostCincinnati account. You agree that all claims, disputes, or wrongdoing, which result from or which are related in any way to the content of information of information passing through or stored on HostCincinnati's network or equipment are your sole and exclusive responsibility. You agree that the terms of this Agreement and the AUP will be complied with.
HostCincinnati offers content filtering as a value added service. HostCincinnati makes no guarantee that all information considered obscene, lewd, lascivious, filthy, excessively violent, otherwise objectionable, or other information you wish to block out will be blocked out. (This is because, among other reasons many web pages may not be appropriately rated by the site operator or may be inaccurately rated by a third party providing rating services.) HostCincinnati also makes no guarantee that information that should not be filtered will not be, for the reasons above, and because content may be misinterpreted by the filtering software.
HostCincinnati makes every effort to comply with applicable laws, including without limitation the Electronic Communications Privacy Act 18 U.S.C. 2710 et seq., Digital Millennium Copyright Act 17 U.S.C. 101, et seq. and the Communications Decency Act 47 U.S.C. 230, et seq. HostCincinnati also complies with appropriate requests from government agencies. HostCincinnati may, as we see fit and for any reason, access and/or disclose the user names and billing information of account holders, the contents of any electronic communications passing through our network, the contents and/or copies of any data stored on HostCincinnati systems, and any other information, without limitation, that we consider necessary or appropriate. HostCincinnati cooperates with law enforcement agencies in investigating suspected illegal activities. HostCincinnati reserves the right to report to law enforcement any suspected illegal activity of which we become aware.
14. HARDWARE & SOFTWARE & COMPATIBILITY
Software provided or sold by HostCincinnati is subject to the license agreement(s) included with that software. You agree that upon termination of your HostCincinnati account you will remove software that was provided to you free-of-charge by HostCincinnati, whether created by HostCincinnati or a third party, and to return or destroy all copies of that software, except where the license agreement for that software says otherwise. This does not apply to third party software that you may have installed, downloaded from the Internet or purchased.
HostCincinnati will, attempt if requested, to provide reasonable technical support for HostCincinnati services. HostCincinnati is not obligated to provide detailed assistance or education toward the use of software and reserves the right to charge for such services. You agree to accept full responsibility for any changes you make to your system, on your own or under the direction of HostCincinnati.
HostCincinnati may make changes to equipment, software, and standards, as we feel necessary. HostCincinnati will attempt to notify users in a timely manner of any major change in equipment, software, or standard. You agree that it is your responsibility to read your HostCincinnati e-mail and check for bulletins periodically for any such notices.
15. IP ADDRESSES
HostCincinnati maintains control of any and all IP numbers and IP addresses that may be assigned to you and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. IP addresses assigned to you remain under the control of HostCincinnati upon termination or cancellation of Customer Account.
Next Page: Domain Registrations