PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR OUR SERVICES.
1. Terms of Site Use
We collect and use your information to enable us to provide you with our web hosting and domain registration services (collectively referred to as “Services” or the “Service”). HostBend LLC provides services via its website, hostbend.com and hostbend.net (collectively referred to as our “Site”).
HostBend LLC is the controller and responsible for your personal data (collectively referred to as “Company”, “we”, “us”, “our” or “HostBend” in this document). Our registered address is 1835 Greenbrier Rd., Haysi, VA 24256, United States. Our Virginia Entity ID is 11002130 and our Data Protection Officer’s email address is email@example.com.
hostbend.net and hostbend.com is a site operated by HostBend LLC (“We”). We are registered in Virginia under Entity ID 11002130 and have our registered office of 1835 Greenbrier Rd., Haysi, VA 24256, United States. We are a Limited Liability Company.
2. Other Applicable Terms
Our Acceptable Use Policy [https://hostbend.com/acceptable-use-policy/], which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
3. The Contract Between Us
These Terms, together with the documents references herein, constitute the entire agreement between you and us (the “Contract”, the “Contractual Agreement”, the “Agreement” or the “Hosting Agreement”). You agree that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or the documents referred to herein. Nothing in these Terms will affect these legal rights.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We must receive payment of the whole of the price for the services that you order before your order can be accepted. Payment of the price for the services represents an offer on your part to purchase the services, which will be accepted by us only when a confirmation of acceptance is sent by us. Only at this point is a legally binding contract created between us.
To enable. us to process your order, you will need to provide us with your email address. We will notify you by email as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
If we are unable to supply you with the Service ordered, for example, because of an error in the price on our site, we will inform you of this by email but we may still process your order. If you have already paid for the Service, we will refund you the full amount.
4. Changes to These Terms
Please check this page from time to time to take notice of any changes we made, as they are binding.
5. Changes to Our Site
We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Renewal invoices are generated 7 days in advance of renewal date and sent to your registered email address. It is your responsibility to ensure this email address is kept up-to-date and can receive emails from “firstname.lastname@example.org”.
It is important that we receive payment on time. All services must be paid for by the due date shown on the invoice unless a written adjustment has been agreed. Failure to complete payment after this time will result in an automatic reminder when the invoice is overdue. This applies to all hosting accounts,VPS and Dedicated Servers. Domain names expire on the day immediately after their renewal date. As such, we strongly recommend renewing a minimum of 72 hours before the expiration date.
If an invoice is unpaid, after 7 days the related services will be suspended until such time that payment is received. At this point, our system will automatically reactivate any suspended services.
Unless otherwise stated, all payments must be received in U.S.Dollars ($). If you pay by foreign bank transfer, then you must be responsible for all foreign currency charges.
We use all reasonable endeavors to keep your renewal price unchanged. However, we reserve the right to alter our prices or introduce additional charges at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent via email to the email address that we hold for you in your account. If you have already purchased a service, then the price alteration will only become effective when the service reaches the end of its current term.
You warrant that you are lawfully authorized to make payment using the payment card or facility you disclose to us. In the event where you are not the named cardholder, you acknowledge that you and the named cardholder both accept these terms and conditions and are jointly and severally liable for any payment(s) due. You hereby indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.
If you attempt a chargeback or dispute a transaction with your bank, we reserve the right to suspend all services provided to you with immediate effect. Services will remain suspended and until such time as the chargeback has been fully reversed in our favor.
You can only pay for the Services using a debit or credit card, PayPal or Bank Transfer. We accept the following cards: Visa, MasterCard, American Express.
When purchasing any service, you irrevocably give your express consent for us to begin the supply of the Service immediately.
If you are unhappy for any reason within the first 30 days of opening your Shared Hosting account, you are free to cancel and receive a full refund including the time already used, less domain registration fees or dedicated IP addresses which are non-refundable. We would prefer if you could contact us prior to requesting a refund, as we will be able to resolve your problem 99% of the time.
Please note that VPS orders, dedicated server orders, SSL certificates, domain costs, IP addresses and any other items except Shared and Reseller Hosting services are not refundable. If you purchase a bundle offer which contains Shared Hosting alongside one of the non-refundable items listed above, we will refund the cost of the bundle minus the retail cost for the non-refundable item.
Any item purchased using a discount code or at a discounted price is not eligible for a refund. Only items ordered directly via our website, ‘hostbend.net’ or ‘hostbend.com’, without the use of a discount code, discounted product or an affiliate link, are eligible for a refund.
Please note that refunds can take 30 working days, plus the time taken for your bank to process the refund.
This policy does not cover accounts which have violated our Acceptable Usage Policy or Terms of Service.
Account credits and account funds are not refundable. Unused funds will expire after 3 years.
HostBend LLC, at their sole discretion, reserves the right to charge an additional charge to the client, equal to the amount incurred to us as a direct or indirect result of the actions of the customer, including but not limited to a breach of Terms of Service or Acceptable Use Policy, or abuse of the services provided by HostBend LLC. We also reserve the right to charge an additional administrative charge of $50USD to the customer.
Failure by the customer to pay an additional charge requested by HostBend LLC before the due date may result in suspension or termination of the Customer’s Account and termination of the Hosting Agreement. We may also choose to execute immediate, temporary or permanent withdrawal of your right to use our site and services, and if commercially viable, pursue legal action.
Account usage is checked frequently. All accounts will receive a notification when bandwidth usage is nearing the account’s limit. Overusage will result in automatic account suspension unless a prior agreement has been reached. Usually the cheapest option is to upgrade to the next package where available, otherwise, the account may be suspended with immediate effect. Upon suspension, please contact us to arrange upgrade pricing.
If not specifically stated to the contrary, our services are intended to be used for the purposes of hosting websites and email. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems and any system designed to consume CPU or disk resources for purposes other than hosting a website are not permitted on our shared hosting servers. However, you may use such tools on a VPS or dedicated server. We reserve the right to enact defensive movements to maintain the stability of our systems for all clients.
If you believe your website may be susceptible to high or otherwise abnormal usage, you must contact us to discuss the suitability of your hosting environment.
10. Refusal of Service
HostBend LLC reserves the right, in its sole and absolute discretion, to suspend or terminate your Account for any reason, with immediate effect. We reserve the right to refuse our services to any client. If the client already has an active service, as long as the client is compliant with our policies, we will make every effort to contact the client and provide a backup of data before terminating their service. We may also ask any client to produce proof of identity and proof of address. If a client fails to provide this verification, we may cancel and refund their order. We may choose to ban a client by the immediate, temporary or permanent withdrawal of your right to use our site and services. Should this be the case, we will inform them via email, live chat, phone, or in some cases in person. In the case of a ban, the client will not be entitled to a refund for the unused portion of their service. Should the client continue to place orders, we may ban their IP address from accessing HostBend LLC’s servers. HostBend LLC reserves the right to terminate the Hosting Agreement at any time, at our sole discretion.
Please note, should a client violate any of our Policies, including those references herein, this will result in immediate termination without notification or refund, as stated in our Terms of Service.
HostBend LLC reserves the right to suspend or terminate the customer’s account, terminate the Hosting Agreement and refuse service to the customer if he/she violates any of our rules, including but not limited to:
- the customer uses offensive or violent actions against others;
- the customer uses threatening behavior towards others;
- the customer takes part in activities relating to illegal drugs, gambling, weapons and arms, dishonesty, pyramid schemes, chain mail, or any other activity we deem to be illegal or unethical at our sole discretion;
- the customer violates copyright law;
- the customer acts in an aggressive, threatening or violent manner towards HostBend LLC or any of its employees, directors and affiliates;
In the event a client violates any of our Policies, we will store a permanent record of their account details at the time of the violation and the account will be marked as closed. Under no circumstances will this account be used to place orders, modified or deleted.
11. Cancellation, Termination, and Disputes
Cancellation notices for all services must be given at a minimum of 30 days in advance of the next billing date. For Shared and Reseller Hosting services, we only enforce a 1-day cancellation policy, however, SSL certificates, Domains, VPS and Dedicated Servers require a cancellation notice at least 30 days before the next billing date. No cash refunds will be granted. Refunds for prepaid dedicated servers and VPS will only be granted where there is a genuine irreconcilable problem with the service and at management’s discretion. All unpaid or outstanding invoices must be paid before cancellation can be processed.
A breach of any of our terms and conditions will result in immediate termination with no refund. If any client uses our service for purposes deemed unlawful, we reserve the right to immediately terminate the service, and no refund will be provided.
Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method as listed on our contact page.
Termination of this agreement does not affect your pre-existing liability, if any or affect our right to recover damages or pursue any other remedy in respect of any breach of this agreement by you.
In the event of us terminating this agreement due to a breach of these conditions by you, we shall be entitled to the balance of all payments which would but for such termination have accrued up to the earliest date on which this agreement could have been terminated by you.
12. Client Conduct
Under no circumstances will we tolerate threatening or abusive behavior towards our staff. Should this occur, we reserve the right to terminate the Hosting Agreement with immediate effect.
Should the client, during the course of a telephone or live chat conversation, email or support ticket, make reference to “legal action”or say anything we might reasonably understand to imply or infer that the client may intend to pursue a legal claim against us, we reserve the right to suspend or terminate the customer’s Account with immediate effect, terminate the Hosting Agreement and execute immediate, temporary or permanent withdrawal of your right to use our site or services. In addition, we will refuse telephone support going forward. Any further correspondence must then be sent by email.
If a staff member or client feels in any way threatened through the direct or indirect actions of another client, we reserve the right to provide all evidence, including chat logs and phone call recording, to the police or other relevant authority. We will use reasonable endeavors to ensure threatening and abusive clients are reported to the relevant authority, and if commercially viable, pursue legal action.
Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate the Hosting Agreement. Where it is reasonable to do so, we will provide a 7-day notice of termination and provide a backup of all website content and emails, however, under certain circumstances, there may be no required notice period.
13. Changes to Service
We have the right to change any username, password, IP address, server location or server resources allocated to you for the purpose of network maintenance, enhancement or modernization.
We also have the right to alter the hosting environment where your site runs, and features provided therein, to one with like-for-like features, as long as reasonable notice is given and there is no disruption to service. We would only do this if it represented an ‘upgraded’ environment for you, the end user.
14. Domain Registrations and Free Domains
Some hosting packages include a free domain registration for a standard domain such as .com. The registration period is one year.
Hosting package renewals do not include a further free domain renewal, transfer or registration.
We will always register, transfer and renew your domain names in our client’s name – never in our own. You are always in control of every aspect of your domain name(s) and can manage your domain’s WHOIS data through the HostBend client area. It is your responsibility to keep this data correct.
Please find the ICANN Registrant Educational Materials here: http://www.icann.org/en/resources/registrars/registrant-rights/educational, and the Registrant Benefits and Responsibilities here: http://www.icann.org/en/resources/registrars/registrant-rights/benefits
15. Account Support, Emergency Contact
We provide support via email, live chat and ticket. To provide efficient service and comply with data protection laws, any request for changes to your account (including billing changes, password changes or any other technical changes) must be submitted by ticket or email from your registered address.
We will use reasonable endeavors to help you move your site 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 7 days from your signup date.
In the case that you are unable to provide root access to your old server, we reserve the right to charge a reasonable amount for the transfer. Alternatively, we may request you upload a backup for each DirectAdmin account to your home directory on our server.
Regardless of the circumstances we reserve the right, at our sole discretion, to charge an appropriate fee for any transfer that may be requested.
We will not be held liable for any lost or missing data or files resulting from a transfer to or from us. You are solely responsible for backing up your data in all circumstances.
HostBend LLC carries out daily backups of most Shared and Reseller Hosting accounts. These backups are generally used in the customer requesting a previous version of their hosting account is restored, or when moving customers data between servers. These backups are stored on secure servers.
If data is lost through the direct or indirect actions of the customer, HostBend LLC or any other party, the customer can contact Support and ask for a backup. If the backup does not exist or function, HostBend LLC cannot be held responsible or liable. It is the customer’s full responsibility to ensure backup of her/his own data.
HostBend LLC does not take backups of user-generated backups made through the control panel. It’s the customer’s responsibility to keep these backups in other locations.
HostBend LLC cannot be held responsible for lost data or lost revenue and has no liability what so ever. We recommend at any time to keep at least 2 backups externally for data safety.
HostBend LLC does not take backups of any other data, except some Shared and Reseller Hosting accounts. For example, customers with a VPS service must be responsible for their own backups, as these are not provided by HostBend LLC unless you enable the add-on service. We have no liability for lost data or lost revenue as a result of downtime, data loss or data corruption. It is the customer’s sole responsibility to ensure their data is backed up.
You are solely responsible for securing and backing up your content.
18. Customer Complaints Policy
At HostBend LLC, our primary focus is maintaining absolute customer satisfaction through sustainable pricing, proactively managed services and investment in hosting infrastructure.
Sometimes we may fall short of the high standards we and our customers expect from us. If this happens, it’s important that we’re able to take on customer feedback and concerns and use this to improve our service.
Step 1: If you’ve not already been in touch regarding your concern, the first step is our standard support channels; most issues can be resolved very quickly as soon as you get in touch. You can get in touch via:
Mail: 1835 Greenbrier Rd. Haysi, VA 24256, United States
Telephone: +1 (646) 895-6793
If you’re an existing customer, you can open a ticket from your HostBend account. Our average ticket response time is well under an hour and we will ensure that all tickets are replied to within 24 hours.
Step 2: If you have already contacted us, and we’ve not been able to resolve your issue to your satisfaction, the next step is to submit a Formal Complaint. All complaints must be made in writing. This is to ensure we’re able to properly address and investigate your concerns and provide a full response. Complaints can be submitted via email to email@example.com.
You should ensure you include as much information about the issue as possible, this might include:
- Name of the staff member you spoke with on the phone or support tickets
- Date and time when issues occurred or when you called
- Details about the problem, how it started, what you did and any other relevant details
Providing as much information as possible helps us to quickly investigate and fully understand the situation, what happened, what/if anything went wrong and how we can then try to resolve your complaint.
Usually, our Head of Customer Support will review all complaints within 72 hours and provide an initial response while they investigate the issue. Depending on the type of issue, it may be necessary for the complaint to be passed on to a more appropriate Manager, Head of Department or Director. You will be informed of who is handling your complaint and their role in the investigation. We will then provide a full reply to the complaint within 10 working days.
Step 3: If the response does not meet your satisfaction, you may request that the complaint is escalated to a Company Director for review. One of our directors will then assess your complaint and the steps taken so far by our staff; they will then provide a response within 15 working days of the complaint escalation.
All complaints are taken seriously and will be reviewed, investigated and responded to fairly and thoroughly. We understand that monitoring, and deadling with complaints promptly enables us to identify areas of weakness and we will then work to address those and continue to improve our service.
19. Force Majeure
We will not be responsible for any failure to provide any services or perform any obligation because of any act of God, strike, lock-outs or other industrial disputes.
20. Disclaimer, Limitation of Liability and Copyright
20.1. Our Liability
We are unable to assert fitness for any specific purpose and as such the Company cannot be held liable for any form of consequential loss or damage caused directly or indirectly by use of our service, misuse of our service, downtime, service issues, data loss or any other event.
Our maximum aggregate liability to you under or in connection with this agreement in respect of any direct loss, whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by you for the services in relation to which your claim arises during the one-month period prior to such claim.
None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from our negligence, the negligence of our employees or our sub-contractors. We will not be liable for any interruptions to services arising directly or indirectly from:
- Interruptions to the flow of data to or from the internet
- The effects of the failure or interruption of services provided by a third party
- Factors outside our reasonable control
- Your actions or omissions
- Problems with your equipment and/or third-party equipment
No action or proceedings against us arising out of or in connection with this agreement shall be commenced more than one year after services rendered, and both parties acknowledge that this clause constitutes an express waiver of any rights under any otherwise applicable statute of limitations.
Our liability will not exceed the total amount paid for one month of the service. If you have sensitive or mission-critical data to host, you must seek your own insurance and independent legal advice.
Our backups are intended as a convenience service and are not guaranteed or intended to replace your backup procedures. It is your sole responsibility to ensure you have a backup of all your important data.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us for those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
20.2 Third Party Services
Some of the services we provide (domain names, SSL certificates) are fulfilled by a third-party provider. For instance, an SSL certificate is provided by a root certificate provider (e.g. Thawte, Comodo, Verisign, Geotrust…), and domain names are provided by the organization in charge of that namespace (e.g. Nominet). Whilst we always pass your orders on to these third-party entities in a timely fashion, we, unfortunately, cannot be held liable for any failings on their behalf.
All third-party software and hardware shall be sold subject to your acceptance of the relevant supplier’s software license for such third-party software. Where possible, we shall forward to you any and all representations and warranties we receive from the respective third-party software supplier.
21. Other Terms
Phone calls may be monitored and recorded for training or quality control purposes.
Any notice or communications required or permitted to be delivered by us to you shall be deemed to have been given if delivered by mail in accordance with the contact information that you have been provided.
You shall not assign, transfer, charge or deal in any other manner with this Agreement or any of its rights under it nor purport to do the same without our prior written consent.
We may at any time, assign (absolutely or by way of security and in whole or in part), transfer, mortgage, charge or deal in any other manner with the benefit of any or all of any other party’s obligations or any benefit arising under this agreement.
This agreement, and any documents referred to herein constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
Nothing in this agreement operates to limit or exclude any liability or fraud.
If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Virginia.
The parties irrevocably agree that the courts of Virginia have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).