Terms & Conditions
Agreement between User and https://www.hostenance.com
Welcome to https://www.hostenance.com. The https://www.hostenance.com website (the "Site") is comprised of various web pages operated by HOSTENANCE SOLUTIONS LLC ("Hostenance"). https://www.hostenance.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.hostenance.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://www.hostenance.com is an E-Commerce Site.
Hostenance provides a complete software development and maintenance solution for web and mobile applications. Hostenance also provides hosting and a range of other hosted product and services.
Visiting https://www.hostenance.com or sending emails to Hostenance constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Hostenance is not responsible for third party access to your account that results from theft or misappropriation of your account. Hostenance and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Hostenance does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.hostenance.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
https://www.hostenance.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Hostenance and Hostenance is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hostenance is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hostenance of the site or any association with its operators.
Certain services made available via https://www.hostenance.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.hostenance.com domain, you hereby acknowledge and consent that Hostenance may share such information and data with any third party with whom Hostenance has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.hostenance.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Hostenance or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Hostenance content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Hostenance and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hostenance or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Hostenance from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Hostenance Content accessed through https://www.hostenance.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Hostenance, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hostenance reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hostenance in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Hostenance agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOSTENANCE SOLUTIONS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HOSTENANCE SOLUTIONS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOSTENANCE SOLUTIONS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Hostenance reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hostenance as a result of this agreement or use of the Site. Hostenance's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hostenance's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Hostenance with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hostenance with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hostenance with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Hostenance reserves the right, in its sole discretion, to change the Terms under which https://www.hostenance.com is offered. The most current version of the Terms will supersede all previous versions. Hostenance encourages you to periodically review the Terms to stay informed of our updates.
Hostenance welcomes your questions or comments regarding the Terms:
HOSTENANCE SOLUTIONS LLC
201 Bywood Ave #2853
UPPER DARBY, Pennsylvania 19082
Effective as of July 12, 2020
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, Hostenance may collect personally identifiable information, such as your:
- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
If you purchase Hostenance's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Hostenance collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Hostenance may also use your personally identifiable information to inform you of other products or services available from Hostenance and its affiliates.
Sharing Information with Third Parties
Hostenance does not sell, rent or lease its customer lists to third parties.
Hostenance may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Hostenance, and they are required to maintain the confidentiality of your information.
Hostenance may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Hostenance or the site; (b) protect and defend the rights or property of Hostenance; and/or (c) act under exigent circumstances to protect the personal safety of users of Hostenance, or the public.
Tracking User Behavior
Hostenance may keep track of the websites and pages our users visit within Hostenance, in order to determine what Hostenance services are the most popular. This data is used to deliver customized content and advertising within Hostenance to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Hostenance. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Hostenance website.
The Hostenance website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Hostenance pages, or register with Hostenance site or services, a cookie helps Hostenance to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Hostenance website, the information you previously provided can be retrieved, so you can easily use the Hostenance features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Hostenance services or websites you visit.
Security of your Personal Information
Hostenance secures your personal information from unauthorized access, use, or disclosure. Hostenance uses the following methods for this purpose:
- SSL Protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
- Delete your personal information from our records; and
- Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
- Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- Comply with an existing legal obligation; or
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
Hostenance does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
From time to time, Hostenance may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
Changes to this Statement
Hostenance welcomes your questions or comments regarding this Statement of Privacy. If you believe that Hostenance has not adhered to this Statement, please contact Hostenance at:
HOSTENANCE SOLUTIONS LLC
201 Bywood Ave #2853
UPPER DARBY, Pennsylvania 19082
Effective as of July 12, 2020
Products purchased from HOSTENANCE SOLUTIONS LLC may be refunded only if cancelled within the refund period specified below in this policy. Some products have different policies or requirements for a refund associated with them, including some products that are not eligible for a refund under any circumstance. Please see below for refund terms applicable to such products.
“Date of the transaction”, for the purpose of this Refund Policy, means the date of purchase of any product or service, which includes the date any renewal is processed by HOSTENANCE SOLUTIONS LLC in accordance with the terms and conditions.
"Refund Period", you may cancel a product at any time, but a refund will only be issued if you request a refund with HOSTENANCE SOLUTIONS LLC through the client portal within the refund time frame specified for the applicable product, if available at all.
No Refund After Account Closure. If eligible for a refund, it is necessary for you to request a refund prior to account closure. You may elect to close your account with us at any time, but upon account closure you will no longer be eligible for a refund as otherwise permitted under this Refund Policy.
Standard Refund Terms
Annual Plans+ - Within 30 days of the date of the transaction.
Monthly Plans*+ - Within 48 hours of the date of the transaction.
*Monthly Plans include all plans with less than a 1-year term.
Products with Special Refund Terms
Domain Name Registrations/Renewals
- New Registration
- 5 Days (120 Hours)
- Auto-Renewal (one-year)
- 45 Days (1080 hours)
- Auto-Renewal (multiple-year)
- 5 Days (120 Hours)
- Manual Renewal
- 5 days (120 Hours)
If an Expert Service, development or maintenance, has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).
Hostenance Development/Maintenance Services
If a Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).
90-Day Money back Guarantee only applies for the hosting cost for the websites that are hosted with HOSTENANCE SOLUTIONS LLC. All work is final after completion and passed the review phase.
- Annual Subscriptions: Non-refundable
- Monthly Subscriptions: If one or more request(s) have been completed during the billing period, your monthly subscription is non-refundable.
If a Hosting Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction) (except if a discount is explicit mentioned in this policy).
Professional Web Development Services
Web Services: 30% cancellation fee when in progress, 70% cancellation fee when site development is delivered for review, non-refundable once first revision is completed. If not yet performed, eligible for a refund within 30 days of the date of the transaction. Once performance has begun, web service development is considered completed 180 days from the date of the transaction and will not be eligible for a refund thereafter.
Website Development Services: 30% cancellation fee when in progress, 70% cancellation fee when site design/developed is delivered for review, non-refundable once complete.
Website Maintenance: If you purchase Website Maintenance and you have completed 1 or more request(s), during the billing period, your subscription is non-refundable.
If no request have been fulfilled with the Website Maintenance service, you are eligible for a refund as defined in the “Standard Refund Terms”:
- Annual Plans - Within 30 days of the date of the transaction.
- Monthly Plans (any plan with less than a 1-year term) - Within 48 hours of the date of the transaction.
Purchased Product w/ Free Domain
In the event any purchased product includes a free domain name, if you cancel the purchased product, the list price for the domain name will be deducted from the refund amount (the list price is the price of the domain name listed on GoDaddy’s website and is not subject to any promotion, discount, or other reduction in price).
SEO Services is a 12-month commitment; in order to receive best results, you are expected use the Services for the entire 12-month term.
For all SEO Services plans, you can cancel within 48 hours of the date of the transaction and receive a full refund for any remaining months in your committed term, to your original payment method. No refund will be issues for the prior months.
If you purchase a monthly plan and cancel more than 48 hours after the date of the transaction, you agree to pay for that current month of SEO Services, but GoDaddy will not bill you for any future months. However, you will not be refunded the cost of the current or past months.
If you purchase a semiannual or annual plan and cancel more than 48 hours after the date of the transaction, you agree to pay for the current month of SEO Services and GoDaddy will issue a 50% prorated refund to your original payment method for any remaining unused months.
You may request a refund within 30 days from the date of transaction ONLY IF you have not yet activated the product.
Refunds are only available within 30 days of purchase and will only be issued in cases where a manual malware removal was not completed.
Hostenance Maintenance Support
Refunds may be granted if the plan is cancelled prior to the end of the billing cycle and none of the credits have been used. If a Service has already been performed during the month, then that month is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction). Future unused months of the services may also be refunded if the plan is cancelled and a pre-payment was made.
Products Not Eligible for Refunds
- Hosting Connection paid Apps (not refundable once set up)
- Premium Domain Names
- Setup Fees
- Transfers (if successful)
- All Registrations or Renewals of TLD’s are fully non-refundable.
Hostenance welcomes your questions or comments regarding this Refund Policy. If you believe that Hostenance has not adhered to this Statement, please contact Hostenance at:
HOSTENANCE SOLUTIONS LLC
201 Bywood Ave #2853
UPPER DARBY, Pennsylvania 19082
Effective as of July 12, 2020