1.) Name of plan: Simple Hosting Plan

We guarantee it will be as easy as 1-2-3. Or we will refund your money.

1b.) Account Setup / Email on file
We will setup your account after we and/or our partner(s) have screened the order(s) incase of fraud. Paid Hosting customers will be screened immediately after payment is made to minimize processing time. Always prioritized ahead of FREE Hosting registration clients. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

What Do You Get?

NEW for 2009! We have taken the fear away from Web Hosting.
Now everyone and anyone can have their own website.
We made it as easy as 1-2-3.
Simply choose the website from our Websites section.
Simply register, we will create your account and send you your password to the admin section in your new website.
This is the simplest hosting you have ever had.
No more tough setups no more headaches! That simple.
A new generation of World Wide Web Hosting solutions on the net.

All Simple Host Plans include:
Allotted Disk Space per month = 40,000 MB  
Allotted Bandwidth per month = 2000 GB
If the allotted amount is reached at any time the client will have the opportunity to purchase more space or bandwidth/ or both or wait till the start of the next month when amounts are reset per new month.

Setup:
Our setup team will setup your new website. We make it the least of your worries. We provide this as part of our service and guarantee it will be as simple as 1-2-3. Or we will refund your money. The amount of time it may take as each website is configured a little differently. We will try our best, to have your website up and running in the least possible time.

2.) Content
All services provided by HostWizzard may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.

The customer agrees to indemnify and hold harmless HostWizzard from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@HostWizzard.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Examples of  acceptable domain suffix’s on SIMPLE HOSTING servers include: All our servers and/or
yourname.hostwizzard.com any other FREE domain mapping services are not allowed on our SIMPLE HOSTING PLAN
Examples of acceptable domain suffix’s on HostWizzard .com Paid Simple Hosting Plans servers include:
.com / .net / .org / and all other suffix allowed

Examples of unacceptable material on all servers include:

IRC Bots, Proxy Scripts / Anonymizers, Storage of anykind, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@HostWizzard .com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Please read the Mail Policy located below for our generalized mail policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or Usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

HostWizzard reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

HostWizzard reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of HostWizzard .

4.) Payment Information
PAID WEB HOSTING: Payments as listed.

Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

5.) Backups and Data Loss
Your use of the service is at your sole risk. HostWizzard is not 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 on HostWizzard servers.

5.) Cancellations
HostWizzard reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time.

7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(”http://yourdomain.com/include.php”) use include(”include.php”)

7b.) INODES
The use of more than 50,000 inodes on any account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode.

Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance is strictly enforced. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9a.) Guarantee
Each of HostWizzard ’s managed PAID SIMPLE HOSTING servers carry 15 day money back guarantee on them.

9c.) Uptime Guarantee
We guarantee 99.9% uptime. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

10.) Changes
We reserve the right to change all listed on HostWizzard .com, and the right to increase or decrease the amount of resources given to plans at any time.

11a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold HostWizzard harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against HostWizzard , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HostWizzard against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostWizzard ; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from HostWizzard ’s server.

11b.) Arbitration
By using any HostWizzard services, you agree to submit to binding arbitration. If any disputes or claims arise against HostWizzard or its subsidiaries, such disputes will be handled by an arbitrator of HostWizzard ’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

12.) Disclaimer
HostWizzard shall not be responsible for any damages your business may suffer. HostWizzard makes no warranties of any kind, expressed or implied for services we provide. HostWizzard disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by HostWizzard and its employees.

13.) Disclosure to law enforcement
HostWizzard may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.

14.) Changes to the TOS (Terms of Service = Terms and Conditions)
HostWizzard reserves the right to revise its policies at any time without notice.