Terms of Service

The following Terms of Service (TOS) apply to ALL Holdfire Network customers:

Holdfire Network Services

Holdfire Network’s services include, but are not limited to:

1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account (including all billing data and the space on the particular Web server that Holdfire Network provides to customers);
2. any use by customers, or any access provided to customers by Holdfire Network, of computing, telecommunications, software, information, hardware, and equipment;
3. any act, or provision of any service, by Holdfire Network to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
4. any provision by Holdfire Network to customers, of any space, Internet connectivity, or electrical power;
5. any access or use related to the Holdfire Network’s Web site, including the Web site itself;
6. any other service mentioned in the TOS;
7. any other service provided by Holdfire Network to customers, whether used or not;
8. any other Holdfire Network services that are used by customers, whether offered or provided by Holdfire Network to customers.

Ownership of Web Site

The legal owner of customers’ Web sites and accounts with Holdfire Network will be the individual or organization whose name is listed in Holdfire Network’s database as the owner. Customers will fully cooperate with and abide by any and all of Holdfire Network’s security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with Holdfire Network.

Illegal Use

Holdfire Network servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Holdfire Network services, all Holdfire Network customers certify that they and/or the organization they represent in procuring services from Holdfire Network are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ’suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Holdfire Network’s customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Holdfire Network server, and selling or distributing software (on a Web site residing on a Holdfire Network server) that facilitates spamming. Violators will be assessed a minimum fine of US $100 and will face immediate suspension. Holdfire Network reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability including a fine of $500 per incident. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities

Use of Holdfire Network’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Holdfire Network’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Child Pornography

The use of Holdfire Network’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited.Holdfire Network is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Privacy

Holdfire Network is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Holdfire Network urges its customers to assume that all of their on-line communications are insecure. Holdfire Network cannot take any responsibility for the security of information transmitted over Holdfire Network’s facilities.

Customer Responsibility

Customers are required to use the Holdfire Network network responsibly. This includes respecting the other customers of Holdfire Network. Holdfire Network reserves the right to suspend and/or cancel service with any customer who uses the Holdfire Network network in such a way that adversely affects other Holdfire Network customers. While Holdfire Network may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Holdfire Network does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOS. However, when Holdfire Network becomes aware of any violation of the TOS or other user agreements, Holdfire Network may take any action to stop or correct such violation, including, but not limited to, denying access to Holdfire Network’s services and equipment or to the Internet. In addition, Holdfire Network may take action against a customer or a customer of such customer because of the activities of such customer. Holdfire Network anticipates that customers who offer Internet services will cooperate with Holdfire Network in any corrective or preventive action that Holdfire Network deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Holdfire Network policy and Holdfire Network reserves the right to take any such action even though such action may affect other customers of the Holdfire Network customer.

Actions Taken by Holdfire Network

The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. Holdfire Network will be the sole arbiter as to what constitutes a violation of the TOS. Holdfire Network reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Holdfire Network becomes aware of an alleged violation of its TOS, Holdfire Network will initiate an investigation. During the investigation, Holdfire Network may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Holdfire Network may, at its sole discretion, restrict, suspend, or terminate a customer’s Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Holdfire Network will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Holdfire Network does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Holdfire Network.

Indemnification

Holdfire Network customers agree to protect, defend, hold harmless, and indemnify Holdfire Network, any third party entity related to Holdfire Network (including, without limitation, third party vendors), and Holdfire Network’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Holdfire Network, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Holdfire Network’s services.

Disclaimer

The Holdfire Network service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Holdfire Network expressly disclaims any representation or warranty that the Holdfire Network service will be error-free, secure or uninterrupted. No oral advice or written information given by Holdfire Network, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Holdfire Network and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Backup of Data

Except where Holdfire Network has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Holdfire Network is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Holdfire Network services.

Third Party Licenses

Holdfire Network makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Holdfire Network makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Holdfire Network specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Holdfire Network liable in any way for the revocation of any license, which has been licensed to Holdfire Network. The use of the Technologies obtained from or through Holdfire Network, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-Holdfire Network Products

Any mention of non-Holdfire Network products by Holdfire Network, its employees, or any third party entity related to Holdfire Network is for information purposes only and does not constitute an endorsement or recommendation by Holdfire Network. Holdfire Network disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Holdfire Network products or services.

Assignment

Customers may not assign or delegate their rights or obligations under the TOS or other agreement for Holdfire Network’s services, either in whole or in part, without the prior written consent of Holdfire Network.

Minimum Age Requirement

Holdfire Network customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for the Minor to become a Holdfire Network customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for Holdfire Network services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Holdfire Network’s express written consent to the contrary. Any acceptance of the TOS or any other agreement for Holdfire Network’s services will be deemed null and void to the extent that Holdfire Network will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Holdfire Network’s services.

Complete Agreement and Exclusivity

The TOS, and/or any other specific agreement for Holdfire Network services, constitutes the complete understanding and agreement between Holdfire Network and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Holdfire Network, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for Holdfire Network services is between Holdfire Network and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Holdfire Network.

Holdfire Network Customer Billing Policy

The following Terms of Use constitute Holdfire Network’s Billing Policy and apply to ALL Holdfire Network customers:

Payments

All charges are shown in US Dollars. Payments are to be made in US dollars. Holdfire Network accepts the following types of payment:

• Credit Card (VISA, MasterCard, American Express, Discover)
• PayPal
• E-Checks
• Postal Monder Order (on request)

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Holdfire Network your credit card information, you authorize Holdfire Network to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Holdfire Network’s Billing Policy in the TOS. You are responsible for directly updating, or notifying Holdfire Network, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Customers not paying by credit card agree to make payment of their balance due within five (14) days of the Account Statement Date.

Accounts with an invoice that is unpaid after five (5) days will be subject to suspension pending no payment has been received.

Accounts that are twenty (20) days past due will be suspended with a reactivation fee. Reactivation of a hosting account will include a $10.00 service charge, as well as payment of invoice(s) in full. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.

Billing Cycles (Terms)

Holdfire Network offers three Billing Cycles (terms) for hosting charges: Monthly, Semi-Yearly (6 months) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Non-credit card payment methods are limited to Annual Billing Cycles. You may elect to change your Billing Cycle at any time.

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Account Cancellations

All shared accounts are eligible for a 14-day money back guarantee, when paid with a credit card or through paypal. Other forms of payment are non-refundable, and are subject to proper fees encountered during the validation process of the payment. Domain name registrations are not refundable, but can be transferred to a registrar of owner’s choice to take over full ownership of the domain name.

Account Terminations

An account that receives a $10.00 service charge for unpaid invoices after twenty (20) days is subject to an account termination. The service charge and all unpaid invoices are due within fourteen days of being posted. Failure to pay all invoices will result in the account being terminated. Holdfire Network is not reliable for data lost from an account termination.

Statements

Holdfire Network does not mail paper invoices or statements. Statements can be viewed and printed through the Holdfire Network Client Manager.

Fees

Returned (NSF) Checks

Holdfire Network charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.

Credit Card Chargebacks

A $25.00 chargeback fee will be assessed for each credit card chargeback received by Holdfire Network.

Credit Card Disputes/Chargebacks

Holdfire Network has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Holdfire Network’s discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.

Billing/Price Changes

Holdfire Network’s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.