1. Introduction
HostingCheck is a web hosting, domain registration, and other internet services business. In order to maximize the efficiency with which we serve our customers and to protect the best interests of both HostingCheck and our customers, we require all customers to agree to the terms of this document before beginning any service with us. By placing information on our servers, paying, signing in, or using our services in any way shape or form, you acknowledge that you have read and understand this agreement, and agree to be bound by the terms and conditions contained herein.

These terms and conditions may be modified from time to time. Modifications made to this Agreement will become effective 30 days after the modifications are posted. This Agreement shall be posted publicly at the following URL:

hostingcheck-tos-terms-of-service

You agree that you will check the terms and conditions periodically and that, if you no longer agree to the terms and conditions of this Agreement, that you will stop using the Services and that you will terminate the Services as described in this HostingCheck TOS (Terms Of Service).

By placing information on our servers, paying, signing in, or using our services in any way shape or form, you acknowledge that you have also read and understand each and every Terms Of Service And Policies listed at http://www.hostingcheck.com/terms-of-service-and-policies/, and agree to be bound by the terms and conditions contained therein.

The Terms Of Service And Policies listed at http://www.hostingcheck.com/terms-of-service-and-policies/ may be modified from time to time. Modifications made to the Terms Of Service And Policies listed at http://www.hostingcheck.com/terms-of-service-and-policies/ will become effective 30 days after the modifications are posted. The Terms Of Service And Policies listed at http://www.hostingcheck.com/terms-of-service-and-policies/ shall be posted publicly at the following URL:

Terms Of Service And Policies

You agree that you will check the Terms Of Service And Policies listed at http://www.hostingcheck.com/terms-of-service-and-policies/ periodically and that, if you no longer agree to the Terms Of Service And Policies listed at http://www.hostingcheck.com/terms-of-service-and-policies/, that you will stop using the Services and that you will terminate the Services as described in this Terms of Service Agreement.

2. Definitions

A “HostingCheck” refers to any service provided by MPC Internetworks, Inc. HostingCheck refers to both this service, and to its operating company, MPC Internetworks, Inc., and to ANY other service provided by HostingCheck.

B. “Customer, Client, You, Your, Yours” refers to you, the party requesting service from HostingCheck and using services provided by HostingCheck.

C. “Service” refers to the service(s) provided by HostingCheck to its customers, including, but not limited to, the use of space on HostingCheck internet servers for the purpose of storing data to be transmitted across the Internet, the use of HostingCheck Internet servers to process data and return information to visitors at customer web site(s), the use of HostingCheck domain name servers to answer domain name queries for customer domain name(s), the use of HostingCheck domain name registration services to register a domain name(s), and the use of HostingCheck mail servers for sending and/or receiving electronic to and/or from others on the Internet or other data networks worldwide, and for ANY other Service offered and provided by HostingCheck.

D. “The ONLINE CONTROL PANEL” refers to the software located in your Online Control Panel, currently located at yourdomain.com/cpanel/
The ONLINE CONTROL PANEL is a LICENSED SOFTWARE PRODUCT that we have NO DIRECT CONTROL over. Thus, we provide no warranty or guarantee on the ONLINE CONTROL PANEL. We provide no warranty or guarantee to MODIFY, EDIT, CHANGE, UPGRADE, DISABLE, FIX, or even keep updated the ONLINE CONTROL PANEL. We pay a LICENSING FEE for the Online Control Panel, thus we cannot guarantee that we will continue to use the same ONLINE CONTROL PANEL forever. We reserve the right to modify the way we use, present, or provide access to the ONLINE CONTROL PANEL software for any reason, without prior notice. We reserve the right to provide different ONLINE CONTROL PANEL software for any reason, without prior notice. Examples of reasons that we may decide to provide different ONLINE CONTROL PANEL SOFTWARE include but is not limited to the following: If the LICENSING FEE changes, the ONLINE CONTROL PANEL software becomes unstable or insecure, etc. We reserve the right to decline to provide support for any feature included in the ONLINE CONTROL PANEL for any reason, without prior notice.

E. “Annual Fee” or “Monthly Fee” refers to ANY Fee where Annual or Monthly payment is required.

3. Customer Responsibilities

A. PAYMENT:
You MUST supply appropriate payment for HostingCheck service before starting use of the service.
You must pay your bill on time. If you fail to pay your bill on time, your account and all files will be terminated without backup.

B. BACKUPS:
The Backups Policy is located here:
http://www.hostingcheck.com/terms-of-service-and-policies/backup-policy/
The Backups Policy may be modified from time to time. Modifications made to the Backups Policy will become effective 30 days after the modifications are posted. The Backups Policy shall be posted publicly at the following URL:
http://www.hostingcheck.com/terms-of-service-and-policies/backup-policy/
You agree that you will check the Backups Policy periodically and that, if you no longer agree to the Backups Policy, that you will stop using the Services and that you will terminate the Services as described in the HostingCheck TOS (Terms Of Service).

C. Email:
The HostingCheck Email Policy is located here:
http://www.hostingcheck.com/terms-of-service-and-policies/hostingcheck-email-policy/
The HostingCheck Email Policy may be modified from time to time. Modifications made to the HostingCheck Email Policy will become effective 30 days after the modifications are posted. The HostingCheck Email Policy shall be posted publicly at the following URL:
http://www.hostingcheck.com/terms-of-service-and-policies/hostingcheck-email-policy/
You agree that you will check the HostingCheck Email Policy periodically and that, if you no longer agree to the HostingCheck Email Policy, that you will stop using the Services and that you will terminate the Services as described in the HostingCheck TOS (Terms Of Service).

D. LAWFUL USE:
You MUST use the service only for lawful purposes. The laws of the State of California, and the United States of America apply.

E. COMPLIANCE:
You MUST comply at all times with all policies. By placing information on our servers, paying, signing in, or using our services in any way shape or form, you acknowledge that you have read and understand all policies, and agree to be bound by the terms and conditions contained therein. In agreeing, you understand that the policies can and will change periodically without notice. A complete and updated list or our policies is located publicly at:

Terms Of Service And Policies

F. Web Hosting Account Policy / AUP (Acceptable Use Policy)
The HostingCheck Web Hosting Account Policy / AUP (Acceptable Use Policy) is located here:
http://www.hostingcheck.com/terms-of-service-and-policies/web-hosting-account-policy-aup-acceptable-use-policy/
The HostingCheck Web Hosting Account Policy / AUP (Acceptable Use Policy) may be modified from time to time. Modifications made to the HostingCheck Web Hosting Account Policy / AUP (Acceptable Use Policy) will become effective 30 days after the modifications are posted. The HostingCheck Web Hosting Account Policy / AUP (Acceptable Use Policy) shall be posted publicly at the following URL:
http://www.hostingcheck.com/terms-of-service-and-policies/web-hosting-account-policy-aup-acceptable-use-policy/
You agree that you will check the HostingCheck Web Hosting Account Policy / AUP (Acceptable Use Policy) periodically and that, if you no longer agree to the HostingCheck Email Policy, that you will stop using the Services and that you will terminate the Services as described in the HostingCheck TOS (Terms Of Service).

G. COMMUNICATION:
You MUST allow us to contact you in any way shape or form for purposes that we deem appropriate within the constructs of United States Law. HostingCheck will contact you often via Email in the form of a newsletter, a notification, an advertisement, a survey, a question, an update, and any other form of Email contact that HostingCheck deems necessary.

H. LOGS:
You MUST download to your home computer and keep any necessary backup of all raw access logs each month. In order to conserve web space, any and all access log files from the previous month will be deleted automatically.

I. DEFAMATION
You MUST not slander, libel, or publish defamatory information against us in any way or manner.

J. ABUSE
You MUST NOT Abuse (Abuse is any direct or indirect action that causes harm to the servers or the service provided by HostingCheck) the service in any way shape or form. Abuse of the system will result in a $100 fine per Abusive action, and/or termination of service.

K. Unlimited Bandwidth Policy
The HostingCheck Unlimited Bandwidth Policy is located here:
http://www.hostingcheck.com/terms-of-service-and-policies/unlimited-bandwidth-policy/
The HostingCheck Unlimited Bandwidth Policy may be modified from time to time. Modifications made to the HostingCheck Unlimited Bandwidth Policy will become effective 30 days after the modifications are posted. The HostingCheck Unlimited Bandwidth Policy shall be posted publicly at the following URL:
http://www.hostingcheck.com/terms-of-service-and-policies/unlimited-bandwidth-policy/
You agree that you will check the HostingCheck Unlimited Bandwidth Policy periodically and that, if you no longer agree to the HostingCheck Unlimited Bandwidth Policy, that you will stop using the Services and that you will terminate the Services as described in the HostingCheck TOS (Terms Of Service).

L. Unlimited Disk Space Policy
The HostingCheck Unlimited Disk Space Policy is located here:
http://www.hostingcheck.com/terms-of-service-and-policies/unlimited-disk-space-policy/
The HostingCheck Unlimited Disk Space Policy may be modified from time to time. Modifications made to the HostingCheck Unlimited Disk Space Policy will become effective 30 days after the modifications are posted. The HostingCheck Unlimited Disk Space Policy shall be posted publicly at the following URL:
http://www.hostingcheck.com/terms-of-service-and-policies/unlimited-disk-space-policy/
You agree that you will check the HostingCheck Unlimited Disk Space Policy periodically and that, if you no longer agree to the HostingCheck Unlimited Disk Space Policy, that you will stop using the Services and that you will terminate the Services as described in the HostingCheck TOS (Terms Of Service).

M. CONTRACT:
You must be of legal age to enter into contract with MPC Internetworks, Inc.

N. CONTACT INFORMATION:
You MUST supply HostingCheck with Current, Up to date and VALID Contact information including but not limited to all of the following: Full Name, Mailing Address, City, State, Zip Code, Country, Phone Number, and at Least ONE Valid Off Network E-Mail Address.

4. Service at Will

We reserve the right to refuse or discontinue service to anyone at our sole discretion. We may deny you access to all or part of the service if you engage in any conduct or activities that we believe violates any of The Terms Of Service And Policies listed at http://www.hostingcheck.com/terms-of-service-and-policies/. We shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that we have the right to monitor the service electronically from time to time and to disclose any information that is necessary to satisfy the law, or to protect ourselves or our customers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole opinion, are unacceptable, undesirable, or in violation of this agreement or our policies.

You have the right to terminate your relationship with HostingCheck at any time for any reason. You may notify us of your desire to cancel your service, in writing, via fax to (888) 412-5227 or via US Mail to MPC Internetworks, Inc., 22737 Barton Road, Suite 7, Grand Terrace, CA 92313. Refunds for unused portions of your service, if applicable, will be issued as provided for in section 5 of this document.

5. Refunds

HostingCheck provides you with a 30 day money back guarantee on all NEW purchases EXCEPT the NON REFUNDABLE Services including but not limited to: Domain Registration/Administration Fee, ALL RENEWAL FEES of any kind, ALL SETUP FEES, and ALL RESELLER PURCHASES. In addition, ANY AND ALL FINES or Additional Fees that you incur while using our service including but not limited to Spamming Fines, Traffic Overage Charges, Abuse Fines are NOT REFUNDABLE in ANY WAY. If you request and receive a Refund for your purchase, and you have not paid ALL of your Fines and/or Additional Charges, you will leave with a BALANCE DUE. Balance Due means that you will NOT be given access to files stored on our servers, and if you ever return to host with us, you MUST pay all Balance Due BEFORE you can host with us again. In addition, if you receive a refund for your NON REFUNDABLE Annual Domain Registration/Administration Fee, you will leave with a BALANCE DUE, meaning, you will leave OWING us and the domain name that we paid for and registered for you will be the sole property of HostingCheck, and if you want to use the domain in the future you will have to purchase it from us for the amount for one year domain registration plus any other balances owed.

Refunds resulting in OUR decision to terminate your service (as per section 4 of this document) will be issued or not issued, at our sole discretion.

6. Indemnification

You agree to indemnify, defend, and hold harmless HostingCheck and MPC Internetworks, Inc. from any and all liabilities, penalties, losses, damages, costs, expenses, attorney’s fees, causes of action or claims caused by or resulting directly or indirectly from your use of the service which end up damaging either you, HostingCheck, MPC Internetworks, Inc., or any other parties or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection, site content, site data, email, files, and any other web site content of any kind.
You agree to indemnify, defend, and hold harmless HostingCheck and MPC Internetworks, Inc. from any and all liabilities, penalties, losses, damages, costs, expenses, attorney’s fees, causes of action or claims caused by or resulting directly or indirectly from HostingCheck providing Support, Tech Support, or Customer Service to you, or your site which end up damaging either you, HostingCheck, MPC Internetworks, Inc., or any other parties or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection, site content, site data, email, files, and any other web site content of any kind.

7. Warranties

HostingCheck makes no warranties or representations of any kind for any of the services being offered. The service is provided on as “as is” and “as available” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by HostingCheck or its agents or employees shall create a warranty. HostingCheck provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall HostingCheck be liable for any direct, indirect, special, punitive or consequential damages that result in any way from your use of or inability to use the service, or for third parties use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties reliance on or use of information, services, or merchandise provided on or through the service, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with HostingCheck service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

8. SUPPORT and HELP

By placing information on our servers, paying, signing in, or using our services in any way shape or form, you acknowledge that you have read and understand the Support and Help Policy located at: http://www.hostingcheck.com/terms-of-service-and-policies/support-and-help-policy/, and agree to be bound by the terms and conditions contained therein.

HostingCheck provides ONLY basic technical support on the BASIC functions and features of our services.

9. Free Domain Name Information And Instructions

By placing information on our servers, paying, signing in, or using our services in any way shape or form, you acknowledge that you have read and understand the Free Domain Name Policy located at: http://www.hostingcheck.com/terms-of-service-and-policies/free-domain-name-policy/, and agree to be bound by the terms and conditions contained therein.

10. Renewal

In order to renew this contract, you must pay a Renewal Fee.
The Renewal Fees are NOT REFUNDABLE.
If you are signing up for new service, this contract guarantees that your Annual Fee or Monthly Fee will cost the amount advertised at our website. No guarantee is made as to what the price will be for subsequent or future years or months.
Annual Fees and Monthly Fees in the future can be lower or higher.
ALWAYS read your Invoice, which will state what the Annual Fee or Monthly Fee is for that Invoice.

You are REQUIRED to pay your Annual Fee or Monthly Fee by 11:59 PM EST on the required Due Date. If you do not pay on time, your account will be automatically changed into a Past Due Status and your account will be subject to Past Due Fees.
If you do not pay on time, your account will be automatically changed into a Past Due Status and your account will be terminated without backup.

11. Notice Under the Electronic Communications Privacy Act (ECPA)

HostingCheck reserves the right to monitor any and all communications through or with our facilities. You agree that HostingCheck is not considered a secure communications medium for the purposes of the ECPA, and that no expectation of privacy is afforded.

12. Prior Agreements

This agreement supersedes any written, electronic or oral communication you may have had with HostingCheck or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

13. Severability

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent required to make it enforceable.

14.Jurisdiction

This agreement shall be governed by the laws of the State of California.

15. Acknowledgement

By placing information on our servers, paying, signing in, or using our services in any way shape or form, you acknowledge that you have also read and understand each and every Terms Of Service And Policies listed at http://www.hostingcheck.com/terms-of-service-and-policies/, and agree to be bound by the terms and conditions contained therein.