Terms of Service
1.) Introduction
The following terminology applies to this Terms of Service;
“Category5Hosting”, “We”, “Our”, and “Us” refers to our
company, Category5Hosting. “You”, “Client”, “Customer”,
“Consumer”, “Your”, and “Account Holder” refers to you, the
person reading this page and accessing our website. By creating
an account at Category5Hosting you agree that you’ve read and
understood these Terms of Service provided to you.
2.) Age Restriction
When creating an account for Category5Hosting, You agree that
you’re at least 13 years of age. Failure of this rule will result in
immediate account deletion, with all info input on our site to be
removed. And services purchased from Category5Hosting will
immediately be canceled and deleted from our systems. This is
to comply with Children’s Online Privacy Protection Rule, also
known as “COPPA”.
3.) Refusal of Service
Category5Hosting reserves the right to refuse, cancel, and
suspend the service(s) of any client at our sole discretion. Any
material in our judgement deemed threatening, illegal, or
violated our Terms of Service will be removed from our servers
or disabled with or without notice.
4.) Server Uptime Guarantee by SLA
We guarantee 99.9% uptime on all service plans. Should we fail
to deliver this for any given calendar month, you may request
credits to be applied to your account. Please note Credits are
based the length of service interruption but should never
exceed the full billing period. We will diligently inspect all SLA
claims. Third party monitoring service reports may not be used
for justification due to a variety of reasons including the
monitor’s network capacity or transit available. The uptime of a
server is defined from the operating system of a server. To
request credits please make a billing ticket @
https://billing.category5hosting.com/submitticket.php with
proper justification.
5.) Disclosure to Law Enforcement
Category5Hosting can and will disclose any required
information to law enforcement agencies without consent or
notification to the client upon request from such agencies. We
will fully cooperate with all law enforcement agencies.
6.) Bandwidth Usage
Clients are allowed and allocated a monthly bandwidth
“allowance” depending on the service purchased. Should the
service pass the allowed monthly bandwidth, we reserve the
right to suspend that service until the start of the next billing
period. You are allowed to purchase more bandwidth at an
additional fee. Unused Bandwidth can’t be carried over to the
next billing period.
7.) Backups & Data Loss
While we may routinely backup Shared Webhosting and Virtual
Private Servers, our backups should not be used as a sole
means to backup your data. Category5Hosting is not
responsible for any files and or data on our servers; You agree
to take full responsibility your files and data, and to maintain
your OWN backups of files and data. Please note that
Dedicated servers or Colocation Clients do not get backed up
whatsoever. We encourage you to have a backup solution.
8.) Payment Information (Billing)
As a client of Category5Hosting, it is your responsibility to
make sure that your payment information is up to date, and
that all invoices are paid on time. You agree that unless and
until you notify Category5Hosting by a ticket or cancelation
request, you will be billed on a recurring basis from when you
originally paid the invoice, unless stated in writing from
Category5Hosting. We reserve the right to bill your credit
card/billing information on file with us. At our sole discretion,
we may provide a “grace period” beyond the renewal and
invoice due date; However, you will be responsible for the
payment of the service(s) unless you’ve canceled by the
procedures listed above.
9.) DMCA Policy & Notice
The U.S. Digital Millennium Copyright Act (DMCA) is a United
States copyright law that implements treaties of the World
Intellectual Property Organization (WIPO). A DMCA claim occurs
when someone suspects a website or material of copyright
infringement. The DMCS mandates that hosting providers must
remove or disable access to infringing content upon receiving a
properly completely and verified infringement claim. It’s our
policy to respond diligently to any notices of alleged copyright
infringement material that comply with the DMCA. If you believe
you or the represented owners of copyright in a
website/material have been infringed by improper posting or
distribution of it, then you may send a written notice that meets
the requirements of a proper DMCA Copyright infringement
notice. Category5Hosting will only respond to DMCA notices
that are received by email at the email address below:
abuse@category5hosting.com
10.) Unaccepted Material
Any of the following material found on our services will result in
immediate service suspension and possible deletion, with a
$150 applicable fee; We may also notify the proper authorities
of your actions. The materials are the following but not limited
to:
DDoS Attacks
IP Scanning
Pirated Software
Child Pornography
Email Spamming
Brute Force Programs
Banner-Ad Services
Lottery Sites/Programs
Gambling Sites/Programs
Broadcasting or Streaming Live Sporting Events
Sites Promoting Illegal Activities
Sale of any Controlled Substance(s) without prior proof of
appropriate permit(s)
Failure to respond to our abuse department within 48 hours
may result in the suspension or termination of your service(s).
11.) Authorized Usage
Please Note, Category5Hosting’s services and equipment are
intended for authorized customer use only. Our systems may
be monitored for lawful purposes, including but not limited to
ensuring that usage of our equipment is authorized,
management of the systems, protect against unauthorized
access, and to verify security procedures. During any
monitoring, information may be collected and examined to be
used for authorized purposed. By creating an account with
Category5Hosting you agree to these terms.
12.) Terms of Support
Category5Hosting is required to give clients support for any
Hardware or Network issues. If it’s not related to Hardware or
Network, we may charge an additional $135 per hour billed in
30 minute increments. We are not responsible to provide
support for any Software or Programs you install to the system.
13.) Refund Policy
Category5Hosting is not required to refund any purchases. If
you buy a service, you are expected to know what you’re
buying; If you have trouble understanding what it is you’re
buying please reach out to our General Enquiresteam and a
support member will get back to you as soon as possible.
Category5Hosting reserves the right to amend these Terms of
Service with or without notice.
