Performance

Hole in the Wall Hosting agrees to provide — and customer agrees to purchase — the services requested by customer from the website, in email or in writing. Customer may add services and agrees to pay in advance for them whether they are one time charges or recurring annual fees.


Payment

Accounts must be paid for on their respective due dates. If a Fee is not paid by the end of the due date, it may be suspended. If payment arrangements are not made after suspension, the account may be deleted. If an account is deleted, there may be a fee to restore the account from a backup (if one is available). The "end of the due date" is defined as the exact moment when PayPal attempts to automatically retrieve payment. If payment fails at this point the account is considered to be past due. If the subscription has been cancelled in advance, then the "end of the due date" is defined as 17:00 CST on the due date. Hole in the Wall Hosting holds no responsibility for loss of data over unpaid accounts. Customer's obligation to pay Fees or Expenses shall survive the termination of this Agreement for any reason whatsoever.


Term

The term of this Agreement shall begin upon the date the first payment is made and shall be for the period of time said payment covers, until terminated by either party upon the expiration or termination of all Service(s). All accounts come with a 100% money back guarantee for 30 days with no questions asked. All payments after 30 days are non-refundable. If an account is to be terminated Hole in the Wall Hosting must be notified at least 30 days in advance of the next due date. Payments billed for accounts that have been active more than 30 days are not refundable without verification of cancellation notice.


Termination Due to Breach

In the event that customer commits a material breach of any of its obligations hereunder, Hole in the Wall Hosting may terminate this Agreement or (at Hole in the Wall Hosting's sole discretion) suspend, interrupt or terminate one or more service(s) to which such breach pertains with or without written notice.


SLA

"Service Level Agreement" is based on Switch and Connectivity uptime, not server-hardware uptime. Hole in the Wall Hosting guarantees almost 100% SLA uptime with no guarantees over hardware failures or software malfunctions. Hole in the Wall Hosting expressly reserves the right to suspend, interfere with, impair or terminate service(s) as necessary for purposes of maintenance, upgrades or repair (either by Hole in the Wall Hosting or by any supplier, partner or independent contractor of Hole in the Wall Hosting) or in the event of any circumstance which Hole in the Wall Hosting, in its sole discretion, deems necessary or desirable to prevent or remedy an impairment of, or harm to, the integrity or functionality of any service(s) or facilities of any third party. Neither the exercise nor the non-exercise of the foregoing rights or discretion shall constitute a breach of any provision of this Agreement. If an account is to be cancelled Hole in the Wall must be notified at least 30 days in advance of the next due date. Payments billed for accounts that have been active more than 30 days are not refundable without verification of cancellation notice.


Warranties

Customer hereby covenants, represents and warrants that:

a) Customer will not, and will not permit others to, use any service(s) (i) for any unlawful or illegal purpose or in connection with or in furtherance of any unlawful or illegal activity, (ii) in violation of any applicable law or regulation, (iii) in a manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the right of privacy, publicity or other personal rights of others, or (iv) in connection with any conduct or activity that is, in the sole opinion of Hole in the Wall Hosting, defamatory, indecent, obscene, offensive, threatening, abusive, hateful, tortuous or violative of the rights of any other person or entity; customer will not, and will not permit others to, do any act which may interfere with or compromise the security or functionality of any service(s), including without limitation attempting to probe or test the vulnerability of any system or network connected to or accessible by the service(s); no equipment owned, leased, maintained by or controlled by customer or by any third party which is connected to or utilized the service(s) with the consent of customer will (i) interfere with or impair any Service(s) or any plant, services or facilities of any indemnities or of any third party, (ii) unlawfully interfere with or impair the transmission of privacy of any data or communications transmitted over the service(s) or over any plant, services or facilities of any indemnities or of any third party, or (iii) create, cause or contribute to the creation or causing of a hazard to any indemnities or to any third party.

b) Hosted accounts are allowed to use up a "fair" percentage of CPU and Memory that they are allocated. If a hosted account becomes a burden to the server, it can be asked to upgrade, become suspended, or in extreme cases removed completely from the server. This is left upon the discretion of Hole in the Wall Hosting administrators.

c) Hosted accounts are permitted to use up 100% of their allocated and purchased bandwidth. Accounts exceeding this limit will be suspended until the beginning of the next bandwidth monitoring period. Users wishing to unsuspend their account may contact the billing department to upgrade their plan to a higher bandwidth limit.

d) Hosted accounts may only occupy the disk space that is allocated to them. Hosted accounts may not attempt to find ways to use disk space that they are not authorized to use.

e) Hosted accounts may not use, run, or operate any IRC related services on the servers. If caught doing so, the account in question will be suspended and may even face termination.

f) Hosted accounts may not run BitTorrent trackers or host .torrent files on the servers. This rule exists due to possible legality issues, but more so due to the well known fact that trackers have the potential to completely hog server resources and ruin the hosting experience for all other clients on a shared server. Accounts will be suspended upon violation of this rule.

g) Hosted accounts have every right and obligation to contact us for support at any point in time during their hosted life. Staff of Hole in the Wall Hosting may deny them help in the circumstance a customer becomes abusive, or rude to the point of causing discomfort to the staff member. Hole in the Wall Hosting does not tolerate the abuse of staff members. Customers / hosted sites that abuse Hole in the Wall Hosting staff may be terminated without notice.

h) Hosted accounts are not permitted to send, or contribute to spam lists, or mass-mailout systems. Any hosted account caught sending or taking part in spam activities will be immediately terminated.

i) Hosted accounts must ensure that all code and software (in use or dormant) is up-to-date and secure at all times. Out of date software is a security risk and will not be tolerated. Accounts found with any security risks may incurr immediate service interruptions, warnings will be given first when possible — depending on the risk level as determined by Hole in the Wall Hosting. Accounts that repeatedly disregard said warnings may be subject to immediate termination. This is left upon the sole discretion of Hole in the Wall Hosting administrators.

j) Refunds will not be given if an account is suspended or terminated for any of the above listed reasons.


Force Majeure

If either party shall be prevented from performing any portion of this Agreement (except the payment of money) by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or service(s) or acts of God, such party shall be excused from performance for the period of the delay and the time for such party's performance shall be extended for a period of time equal to the duration of such delay.


Acceptance

Payment of customer shall constitute acceptance of this Agreement. This Agreement shall be modified from time to time by Hole in the Wall Hosting. If customer does not agree to the new terms — customer should cease utilizing the services at that time.

Privacy

Hole in the Wall Hosting recognizes the importance in protecting privacy. Customers information including personal contact information and server data is treated with strict confidentiality and will not be shared with anyone. Hole in the Wall Hosting collects cookies on our Web site to capture information about page visits. This information is anonymous and we use it internally in order to improve the content we provide to our visitors. If you choose to communicate to us and provide personally identifiable information about yourself, we will use this information only to respond to your inquiry.