This policy represents the Huskymakes Terms of Service ("TOS") and Private Policy in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Huskymakes customers agree to when they sign-up for any of the Huskymakes website hosting services. Huskymakes reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Huskymakes agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Huskymakes. Huskymakes retains the sole discretion to make judgment regarding any violation by any Huskymakes customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customers services without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Huskymakes maintaining one or more accounts (each "Account"), you, as the Huskymakes customer, agree to the following terms of service.
"We" "Us" or "Provider" or "Huskymakes" - Huskymakes.com
"You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
By accessing the website at https://www.huskymakes.com/, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Permission is granted to temporarily download one copy of the materials (information or software) on Huskymakes's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a. Modify or copy the materials;
b. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Huskymakes's website;
1. remove any copyright or other proprietary notations from the materials; or
2. transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Huskymakes at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
IN NO EVENT SHALL HUSKYMAKES or its suppliers BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) arising out of the use or inability to use the materials on Huskymakes's website, SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF HUSKYMAKES. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF HUSKYMAKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. even if Huskymakes or a Huskymakes authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Legal pornographic material is allowed to be hosted. Hosting child pornography is NOT allowed and any client found to be doing so will be cancelled immediately upon discovery and reported to the proper authorities.
The materials appearing on Huskymakes's website could include technical, typographical, or photographic errors. Huskymakes does not warrant that any of the materials on its website are accurate, complete or current. Huskymakes may make changes to the materials contained on its website at any time without notice. However Huskymakes does not make any commitment to update the materials.
Huskymakes has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Huskymakes of the site. Use of any such linked website is at the user's own risk.
Huskymakes may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
The materials on Huskymakes's website are provided on an 'as is' basis. Huskymakes makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Huskymakes does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
Huskymakes however, has an average 99.9% uptime. This is valid for only the Huskymakes servers and our primary co-location internet connection. Huskymakes shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, Huskymakes is not responsible for any down time caused by any provider's hardware or network malfunction which is outside of Huskymakes capability to directly correct. Huskymakes clients are diverse and their websites and the function of those websites are diverse and Huskymakes cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber-attack.
HUSKYMAKES MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Huskymakes nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Huskymakes, even if Huskymakes has been advised to the possibility of such damages.
You agree to indemnify, defend and hold Huskymakes and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Huskymakes. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Huskymakes. equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Huskymakes. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
This Agreement shall be interpreted under the laws of the United Kingdom without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Bristol County Court of the United Kingdom. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided By Huskymakes
Huskymakes will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Huskymakes members to maintain Internet websites, receive and maintain email accounts and access web space via FTP to upload files for their websites. Huskymakes members will use the provided services in a manner consistent with any and all applicable laws. Huskymakes provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Huskymakes reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Huskymakes can terminate client's account without notification.
Huskymakes.com provides timely website hosting support to our clients through emails and chat. By accepting your client contract agreement with Huskymakes.com you agree not to abuse whether verbally or physically or whether in person, via email, live chat or otherwise (a) any other customer of Huskymakes.com and any employee or contractor of Huskymakes.com.
Huskymakes will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at anytime by following the instructions at the bottom of those e-mails.
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Huskymakes or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Huskymakes or any third party. Customers may not run IRC, bots or clients. Clients may not use Huskymakes servers for file storage unrelated to the client's website, storage Space is for active website file pages only. Huskymakes' shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at Huskymakes. You will need to opt-in for our reseller hosting service. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Huskymakes will be the sole and final arbiter as to what constitutes a violation of this policy. Huskymakes does not normally monitor the contents of clients servers, however if suspicion occurs, Huskymakes reserves the right to investigate and terminate the client's subscription to the service without notice.
Traffic Exchange, HitLeap, Automated Browsing, Crawlers, iMarcos, AutoSurf etc.
Pirated Content / Warez / Topsites / Illegal Content
Email Marketing / Mass Mailing / Email Spamming of any type
Commercial Audio Streaming (more than two streams)
Investment Sites (HYIP, FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Lottery / Gambling Sites / Bank Debentures / Bank Debenture Trading Programs
MUDs / RPGs / PBBGs
Fraudulent / Phishing / Replica Sites
Public Proxies / Public VPNs / TOR Exit Nodes / Anonymizers
Video Encoding / Streaming (including but not limited to FFMPEG)
Virtual Currency Mining (including but not limited to bitcoin)
zPanel / Sentora / Kloxo Panel
DDoS-prone applications or booters / flood scripts / IP spoofing software
IP Scanners / Port Scanning or Bruteforce Programs without consent
Open DNS resolvers or recursors
QEMU / Wine / Windows / nested virtualization and related (OpenVZ VPS only)
Cracking tools / illegal software key generators
Programs that cause hardware resource / network abuse
The service may be suspended and no refunds will be provided if customer is found to be running anything listed above. This list is not exhaustive and is intended to give customers indication of the types of uses that are disallowed at Huskymakes.
What do you mean by "unlimited disk space and bandwidth/data transfer"?
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked "Unlimited". We want you to have the resources available to you to build a great online presence.
Even though we want you to succeed, we need to ensure that we're providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website.
If a customer's hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Huskymakes offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Huskymakes control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using "Excessive amounts of resources" when it consumes 100% of 1 CPU core, and/or 1 GB Memory, 20 concurrent connections and/or 75,000 files also known as "Computing Resources", and/or "Resources", and/or "Resource Usage". There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Huskymakes will make every reasonable effort to notify customer prior to suspension, however, Huskymakes may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer who is using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Huskymakes will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.
UCE/UBE or "Spam" originating from a server located on our network or associated with a Green Geeks server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Huskymakes network but is sent from an e-mail address not associated with that Huskymakes account. Client shall not use their Huskymakes services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Huskymakes reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Huskymakes allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren't included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to "hack", "exploit", "deface" their site(s) it is the responsibility of our clients to either remove that script or Huskymakes.com reserves the right to terminate that client's' account without notice and without a refund.
Customer agrees not to post false or inaccurate information to news groups in violation of the newsgroups rules and regulations. If any newsgroups or service provider contact Huskymakes concerning unethical, false or unlawful activities by you, Huskymakes reserve the right to suspend or terminate your service with or without notice and without a refund.
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Huskymakes provides the tools needed to create back ups of account data. Huskymakes also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Huskymakes does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
Full payment is required in advance before hosting service is established. Huskymakes sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.
You warrant and represent that the information you supply in the Order Form (or other information that Huskymakes may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client's responsibility to ensure that payment is made to Huskymakes prior to the renewal date and although Huskymakes sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Huskymakes, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.
It is the obligation of the Huskymakes customer to know when their account comes up for renewal and if their intention is to non renew their account they must fill out the Huskymakes cancellation form 5 business days prior to their account's renewal date to ensure that Huskymakes billing department receives the cancellation request well in advance of the renewal date so that they can stop any renewal charges. Huskymakes clients receive email notification 15 days prior to the renewal date of their account informing them that their renewal date is approaching. It is the customer's responsibility to ensure that Huskymakes has a valid email address for which we can send out renewal notices to our clients. If Huskymakes does not receive a cancellation request prior to the customer's renewal we will renew the clients' account 24 hours prior to the renewal date and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date).
Clients have the option to pay an invoice at any time by logging into their Huskymakes account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a $4.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $4.00 must be submitted to Huskymakes.
All prices listed are in US Dollars ($), Great British Pounds (£), Euros (€), Canadian Dollars ($), Australian Dollars ($) Japanese Yen (¥) for all services & server locations unless otherwise specified.
Due to the nature of business Huskymakes does not provide refunds at all, unless a staff member authorizes a refund. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $24.95/yr.
In addition refunds are not available for additional services such as, but not limited to domain names, dedicated IP's, SSL certificates, CDN, professional services, etc.
website files are the responsibility of the Huskymakes customer and should a Huskymakes customer decide to cancel their service it is the customer's responsibility to make sure that they have backed up & downloaded the website files and any emails from the Huskymakes server prior to requesting that Huskymakes cancels their account. Once the cancellation request has been submitted to Huskymakes a cancellation of the website hosting service may occur anytime after the request is received by Huskymakes and when a cancellation request is completed the client's hosting account with Huskymakes and their website files are permanently removed from the Huskymakes servers. Therefore again it is the client's obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.
We try to keep our uptime as high as possible we are averagely have 99.9% up time.
Huskymakes has a 99.9% network up time average for customer satisfaction purposes and also to ensure that your business is running problem free. Huskymakes will try to maintain maximum up time. Huskymakes is not responsible for any downtime caused by the client.
Although we try to answer your support tickets as soon as possible, sometimes we have lots of tickets to answer. We answer tickets in the order we receive them unless they are a premium client. Although we cannot guarantee this time, the average time we have found to be required to answer a ticket is 24 hours.
We may cancel your service at any time.
These terms and conditions are governed by and construed in accordance with the laws of Bristol, UK and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Your privacy is important to us.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We will only retain personal information for as long as necessary for the fulfilment of those purposes.