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Effective date: Jun 23, 2021.
The use of services from Host 80, LLC (hereinafter referred to as "Host 80", "us", "we", or "our") constitutes agreement to these terms and policies:
Host 80 operates the www.fluidhosting.com website.
The following Master Service Agreement, hereinafter referred to as the "MSA" or "agreement," is made between Host 80 LLC, a company registered in the state of Wyoming, US, hereinafter referred to as "Host 80" or "Fluid Hosting" (which is our trade name) and you (also referred to as "Customer") and shall be effective immediately upon service activation. As used in this agreement, "you" and "your" refer to you, the Customer, and "we," "our," and "us" refer to Fluid Hosting. Both parties shall be referred collectively as the "parties."
Host 80 is a web hosting company that provides wide varieties of services (through Fluid Hosting website) such as, but not limited to, Shared Hosting, Reseller Hosting, VPS Hosting, Dedicated Server, Backup Service, Domain Registration, SSL Certificate, Server administration, and other consultation services.
New customer sign-up will be manually verified, processed, and activated during our normal business hours only (Monday to Friday, 9 AM to 5 PM US Eastern Time). We reserve the right to deny service to any customer for any reason.
We make distinction between Main (Administrative) Contact Info, Technical Info, and Billing Info. We consider the person listed under Main Contact Info as the account owner (you). Specifically, this agreement is entirely binding between us and you. For this reason, all signups must be done by you or, with your explicit permission, on your behalf. We consider whoever having access to the account control panel as the account owner. Thus, please make sure that you keep your control panel access information secure.
Service Contract, Payments, Renewal, and Voluntary Service Termination
Our services come with monthly, annual, and longer billing terms with payment for the whole billing term is expected in advance. Your service will be activated after payment is received. The day your service is activated marks the start of your billing period and this agreement becomes binding throughout the billing period. To ensure continuous service, your service will be automatically renewed at the end of the billing period (the service renewal date) for the same billing term. Thus, if you have a service with an annual billing term, your service will be renewed for another annual term at the end of the year of service. For your convenience, a renewal invoice will be generated 7 days prior to the end of your billing period and renewal payments are expected by the service renewal date. The following payment methods are accepted: (1) credit cards (AMEX, DISCOVER, MASTERCARD, VIS), (2) PayPal, (3) e-Check, and (4) wire transfer (with $10 and $25 wire transfer fee for US domestic and International wire transfer, respectively). When credit card is selected as your payment method, you give us permission to charge the credit card you have filed on our system for all invoices in your account.
To cancel this automatic renewal, written cancellation request must be submitted by opening a ticket from your account control panel 14 days or 30 days prior to the end of the billing period for services with monthly and longer billing terms, respectively. Assuming your account is in good standing, we will terminate your service at the end of your billing period. Until the account is properly terminate, you are still responsible for all hosting fees, including all over-usage charges and other fees incurred. You may, at your discretion, request to terminate this service prior to the end of your billing period. Assuming the account is in good standing, we will terminate your service on the date you specify. In this case, the remaining balance of the unused portion of the hosting service can only be issue as a service credit (no refund).
Once we process your service termination, our system will start to wipe out your data from our server and existing backup on our backup storage at which point your data and any backup of your data will no longer be available.
Service Suspension and Involuntary Service Termination
Renewal payment is expected on the service renewal date. A 14-day grace period windows is provided for you to make payment of all outstanding balance. Failure to pay for your service during this grace period will cause the system to suspend your service. If payment is not received after 45 days, your service will be terminated. Any payment received after the service renewal date is considered delinquent and is subject to a 0.04932% daily (1.5% monthly or 18% annual) interest. Such an interest will also be imposed on any delinquent balance caused by bounced check, dispute, and chargeback as well to any fees resulting from bounced checks, attorney fees, collection agency fees, et cetera.
In the event of chargeback or other dispute, we will suspend your service. This suspension will be in place until all chargeback or dispute has been cleared. There is an account re-activation fee of at least $10 and no more than $50 to re-activate each suspended service. Once the service is terminated, it can only be restored within next 7 days for a fee of at least $50 and no more than $250. We reserve the right not to reactivate or restore your service. Once your service is suspended or terminated we are under no obligation to release your data and any backup of your data, including, when applicable, your collocated equipment, until all overdue balance is paid. In addition, we are not responsible for your data and any backup of your data once your service has been suspended or terminated.
For violating our Acceptable Use Policy, hereinafter “AUP,” we reserve the right to void this agreement and may terminate your service anytime. No refund or service credit will be given for AUP violation. In addition, you agree that additional charges may be imposed for each AUP violation.
Without breaking our AUP, we reserve the right to discontinue your service and this agreement by giving you at least 30-day advance written notification. This service termination notification will be conveyed to your through our ticket system. In such rare event, we will provide you a prorated refund for the unused portion of your billing period you already paid or free you from the payment obligation for the remaining billing period.
We are proud to offer you 30-day unconditional money-back guarantee for Shared Hosting, Reseller Hosting and Virtual Private Server customers; 15 days for Dedicated Server and Private Cloud customers. No explicit money-back guarantee is offered to other services not mentioned here. To be protected under our money back-guarantee, please purchase our services with monthly billing term initially. The money-back guarantee will be voided on a purchase with longer billing period or when you switch to a longer billing period during the money-back guarantee period.
We will terminate your service upon receiving your money-back request. You are entitled to 100% refund, less any non-refundable fees, during this money-back guarantee period. Our money back guarantee is voided in the event of AUP violation.
The following should be excluded from and are not refundable under this money back policy: (1) custom order; (2) setup fees; (3) consultation and system administration services already performed; (4) domain name registration, transfer, or renewal, even if you have mistakenly misspelled the domain name; (5) SSL certificate purchase; (6) SSH access fees; (7) backup restore fees; (8) over-usage charges.
Backup Service and Availability
Backup service is included for free for Shared Hosting, Reseller Hosting and Virtual Private Server customers. As part of our backup service, we will perform daily backup of your data (web files, database, emails, and logs) onto our dedicated backup and retain this backup for seven days. Backup restore will be made available at a price of $15 for each restore request. Dedicated Server and Private Cloud customers can purchase optional backup service. We also perform daily snapshot of the VPS image and keep it for seven days. Bare metal restore of customers' VPS can be performed at a fee of $25 for each restore request.
For our own fault/negligence, we will restore your file(s) free of charge when requested provided that such request is made within seven days after the negligence is done. After this seven-day period, we do not guarantee that the restore request can be fulfilled. In the rare event that we cannot restore your file(s) while it is clear that the restore is requested for our own fault/negligence, we agree to compensate you 100% of your monthly hosting fee. This compensation will be provided as a service credit and can only be given once in any one-month billing period.
Our backup should be considered as secondary to your own disaster recovery plan. We strongly advise you to maintain your own backup.
Acceptable Use Policy
To maintain the high-standard of service quality and to protect the interest of our customers at large, we have compiled a list of acceptable uses policy. Inappropriate activities expose each customer to unnecessary compromises and services degradation. We will be the sole arbiter as to what constitutes as AUP violation. When in doubt, feel free to contact us for further clarification. You are not, under any circumstances, authorized to engage in any activity that is illegal under US local, state, and federal laws and international laws while utilizing our services and network. It is your responsibility to check with US local, state, and federal laws and international laws and to comply with these laws at all time.
For breaking our AUP, we reserve the right to suspend or terminate your service at any time without warning or notification. Furthermore, we may impose a penalty of $100 minimum and up to the maximum allowable under local/state law for each AUP violation.
The activities listed below, by no means exhaustive, is provided to give you an idea of activities which we consider unacceptable and, thus, are strictly prohibited, with no exceptions:
Service Level Agreement
An integral and essential part of delivering a high-quality service to you is by offering a strong Service Level Agreement, hereinafter “SLA.” We are proud to offer you a SLA of 99.9% uptime guarantee. This means you should not experience more than 44 minutes of unscheduled service interruption in any given month, counted from the first day of the month. This uptime guarantee excludes any scheduled emergency/non-emergency maintenance work that may, unfortunately, may cause service interruption until the maintenance work is done. In the rare event we fail to meet our SLA guarantee, you can request for a SLA compensation credit as described in this section.
You are entitled to a service credit of 1% of your monthly hosting fee of all service affected for every 22 minutes of downtime beyond our uptime guarantee of 99.9%. SLA credit is limited to 100% of your monthly hosting per every calendar month. You will need to request SLA credit within seven days after our SLA is broken and must provide proofs to such service interruption claim. Unfortunately, due to the possibility of network issues outside our network, third party monitoring may not constitute as proof of service interruption. All service credit claim must be requested by opening a ticket through your account control panel.
The following services availability is guaranteed:
The following is excluded from our SLA guarantee:
We do not explicitly guarantee the availability of any of our services other than the above-mentioned services.
We can only be responsible for the uptime of our own network connectivity. We shall not be held responsible for any connectivity problems caused in external networks and not within our control, such as issues with our network upstream, issues caused by congestion in some outside networks, et cetera. We define continuous packet losses originating inside our internal network of 5% for 30-minute duration as a loss of connectivity equal to 0.1% of downtime. We also define sporadic packet losses originating inside our internal network of 5% for 120-minute duration as loss of connectivity equal to 0.1% of downtime. You must provide us with proofs for any claim of loss of connectivity and/or other network issues.
All non-emergency maintenance work will be scheduled two business days prior to the date and time the maintenance is to be performed. In the rare event that an emergency maintenance is deemed necessary to maintain the integrity of our services to you, we will perform the necessary maintenance with a short or, in some cases, without any advance notification. We shall send notification to you regarding this emergency maintenance work. All notifications regarding maintenance work will be sent to the email address listed in the main/administrator contact and/or technical contact listed in your account.
You agree and understand that all IP(s) is (are) assigned on a lease term basis and should be returned to us at the end of your service. We also reserve the right to reallocate/renumber your IP by giving you at least 7-day advance written communication. Furthermore, you agree to use our IPs as needed, following the guidelines set by the American Registry of Internet Numbers (AIRN). We reserve the right to audit your IP(s) usage at any time and may require you to provide technical justification for any assigned IP(s). We will give you a grace period of seven days to resolve any IP assignment dispute. If we do not receive any resolution to this dispute after the grace period has elapsed, we reserve the right to revoke and reassign your IP(s). Fluid Hosting will not be responsible for any service interruption resulting from this revocation or reassignment.
Unsolicited Emails/SPAM and DMCA complaints
We have the obligation to maintain the integrity of our network and services. Because of this, we do not take any unsolicited emails (hereinafter, SPAM) complaints lightly. Upon receiving a SPAM complaint against your website(s)/account, we shall notify you and will expect you to resolve the spam complaint within 24 hours. We reserve the right to suspend or even terminate your account and service without any advance notification if we receive multiple SPAM complaints that show a clear pattern of abuse. However, without notifying you, we also reserve the right to suspend and even terminate your service/account on the first complaint received, especially when it is clear that you have been deliberately abusing our service against our AUP. We will neither provide any data archival nor be held responsible for any data loss due to this account suspension or termination. Each SPAM email sent will be considered a single instance of AUP violation. In short, we define SPAM emails/activities as emails/activities which are sent or accomplished without the permission from the receiving individuals and which are originating from our network or from other networks/ISPs containing any reference to or to advertise any products/services hosted on our network. In the event that our IP space is blacklisted due to your activity, we may charge a clean-up fee of $20 for each blacklisted IP.
We take copyright infringement complaint very seriously. Upon receiving a written Digital Millennium Copyright Act, hereinafter “DMCA,” complaint and verifying that such complaint follows the proper format and procedure, we will take down the infringing materials and contact you. At which point, you may send us a counter notification in writing in accordance to sections 512(g)(2) and (3) of DMCA. Upon receiving your counter notification, we may reinstate the materials in question and contact the complainant.
Shared Hosting and Reseller Hosting customers may request SSH access to our servers. We shall evaluate each SSH request we receive and may require you to provide reason/justification for your request as well as provide us with a copy of government-issued photo ID. A one-time non-refundable fee of $25 may be imposed on all approved SSH access request. We reserve the right to decline any request for any reason. Furthermore, we also reserve the right to revoke any SSH access previously given for any reason.
Addendums for Reseller Customer
We extend our service to qualified organization, hereinafter referred to as “Reseller,” to be our Technology Partner and give reseller the ability to resell our services and resources. As our Technology Partner, we provide our reseller with incentives/discounts while delivering the same quality of service our other customers expect from us. As our reseller, you agree to abide to this agreement. Furthermore, reseller also agree to enforce the same AUP to their customers/clients. We consider a violation of our AUP by your customer as a violation by you. Depending on the nature of the violation, we reserve the right to suspend your customer’s service or all your service until further investigation. Resellers also agree to pay charges/fines as described in this agreement for each AUP violation.
The SSH policy for Shared Hosting Customers (see above) also applies to Resellers and their clients.
Addendums for VPS Customer
Since Virtual Private Servers are provisioned with full root access, they normally come un-managed. It is your sole responsibility to manage it, keep the software updated etc. Server administration is not included in your service. When needed, we can provide you with server administration/consultation service at a rate of $90/hour, billable in 10-minute increment.
If you need a fully managed VPS, please contact us before ordering.
Addendums for Private Cloud Customer
The hardware and software required for your cloud to work properly is our responsibility and fully managed by us. The virtual appliances (containers and virtual machines) running on your cloud are your responsibility and fully managed by you. Administration of your cloud is not included in your service. When needed, we can provide you with server administration/consultation service at a rate of $120/hour, billable in 10-minute increment.
If you need a fully managed cloud, please contact us before ordering.
Addendum for Dedicated Server Customers
We will maintain the integrity of the server we supply you. In the event of a hardware failure, we will replace the failed component within 8 hours after such failed component has been identified. After this 8-hour period, our SLA guarantee will take effect. Dedicated server customer does not have any permission to work on our servers. All works must be done by our staff and all hardware parts will be provided by us.
Server administration is not included in your service unless you have purchased a managed dedicated server solution. When needed, we can provide you with server administration/consultation service at a rate of $90/hour, billable in 10-minute increment.
Limitation of Liability
Other than the refund policy given above, under no circumstances shall we be liable for any indirect, incidental, reliance, special, punitive or consequential damages including, but not limited to, loss of profits and/or opportunities resulting from any disruption of service and/or any acts of God, unauthorized access, alteration, theft, corruption, or destruction of any equipment hosted within our network. Our cumulative liability to you shall not exceed an amount equivalent to the amount you pay in three months prior to the notice of the damage claim. You should be responsible for any additional fees including, but not limited to, damage claim fees, attorney fees, et cetera.
You agree that all court claims and proceedings should be made in the state of Wyoming where Host 80 LLC is registered. All applicable fees including, but not limited to, attorney fees, court fees, and et cetera should be paid by you. We reserve the right to change this agreement any time without any prior notification. We will always maintain the latest revision to this agreement to you through Fluid Hosting main web site located at https://fluidhosting.com/terms-of-service.shtml. It is your duty to always check the newest revision to this agreement.
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