Terms of Service

The use of services from CastHost.net and/or any other domain(s) we own, and/or any parent/sister companies of CastHost constitutes agreement to these terms.

TERMS OF SERVICE (TOS)

This CastHost Terms of Service (this " Agreement ") and the CastHost Acceptable Use Policy (" AUP ") govern your purchase and use of all CastHost services (collectively, the " Services "), as described in the Order Form(s) submitted by you and accepted by CastHost (“Service Order”). Acceptance of any terms or conditions different from those contained herein by CastHost will not be deemed by provision of service, but only by electronic or written signature of an officer of CastHost. You must register and accept the terms of this Agreement and the AUP in order to use the Services. BY REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE AUP AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE AUP, WHICH ARE INCORPORATED HEREIN BY REFERENCE. CastHost may modify any of the terms and conditions contained in this Agreement and the AUP, at any time in its sole discretion. Any modifications are effective upon posting of the revisions on the CastHost web site (the " Site "). Your continued use of the Services following CastHost posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify CastHost of your termination of this Agreement in the manner described below.


Term and Payment for Services

Term. This Agreement will be for an initial “Term “of the chosen billing cycle from the date the Services are first provided by CastHost. This Agreement will be automatically renewed (the " Renewal Term ") at the end of the Initial Term or any Renewal Term for a period of thirty (30) days for monthly, (90) days for quarterly, (180) days for semi-annual, or (365) days for yearly, unless you provide CastHost with written notice of termination at least 3 days before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as “Term”), whichever is then applicable. To provide your notice of termination, you must submit a ticket to the Billing department via the "Contact Us" form to initiate the cancellation of your service, or via a self initiated cancel request through the client portal. Pricing and duration of Terms may be modified only if in writing (such as a Service Order) signed by CastHost.


Termination

This Agreement may be terminated: (i) by you or CastHost during any Renewal Term, without cause, by giving the other party no less than 30 days prior written notice, or a greater number of days prior notice if specified in a Service Order accepted by CastHost ; (ii) by CastHost in the event of nonpayment by you as provided in Section 1.4 below; and (iii) by CastHost, at any time, without notice, if, in CastHost sole judgment, you are in violation of any terms or conditions of the AUP. If you terminate this Agreement, or if CastHost terminates this Agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts you owe to CastHost under this Agreement.


Charges.

You will pay all charges for your use of the Services at the then current CastHost prices for that category of service or any special offer applicable to your account as determined by CastHost. You are responsible for paying all federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to the Services, other than taxes based on CastHost net income. You are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney’s fees of CastHost.


Domain Names

Domain names that have been bought through our hosting company belong to CastHost . There is a $ 35 dollar fee to transfer the domain name.


Payment.

You will pay all charges for the first billing cycle of service in advance on the first day of the Initial Term. You will pay all subsequent charges for Services in advance on the anniversary day of each cycle. You must pay for the Services by credit card, or paypal. You authorize CastHost to charge your credit or debit card to pay for any charges that may apply to your account. You must notify CastHost of any changes to your card account (including, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit CastHost from charging your account. Your failure to fully pay any fees and taxes within 72 hours from the applicable due date is a material breach of this Agreement, justifying CastHost to suspend its performance and terminate this Agreement. If CastHost terminates for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to CastHost under this Agreement. You are responsible for any costs CastHost incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees. To reinstate Services, you must pay for 3 months of Service in advance on the first day such Services are reinstated and any fees associated with reinstating Services.


Refund and Disputes.

All payments to CastHost are nonrefundable. This includes any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred to our billing department.


Use of Services.

Acceptable Use Policies. The AUP governs the general policies and procedures for use of the Services. The AUP is posted on the site at (or such other location as CastHost may specify) and may be updated from time to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. CastHost MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.


Security.

You are solely responsible for any security breaches affecting servers or accounts under your control. If your server is responsible for or involved in an attack on or unauthorized access into another server or system, CastHost will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting CastHost or any of its other customers.


Intellectual Property Rights.

Your Warranties and Representations to CastHost. You warrant, represent, and covenant to CastHost that: (a) you are at least 18 years of age if an individual, (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the AUP; and (d) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

IP Numbers.

CastHost will maintain and control ownership of all Internet protocol (" IP ") numbers and addresses that CastHost may assign to you. CastHost may, in its sole discretion, change or remove any and all IP numbers and addresses.

Third Party Products.

CastHost may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships CastHost has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by CastHost and not by the Third Party Vendor. Neither CastHost nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER'S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM CastHost OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CastHost NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND CastHost WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.

You shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Third Party Product or that appear during use of any Third Party Product; or (ii) reverse engineer, decompile, or disassemble any Third Party Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.


Enforcement Actions.

CastHost reserves the right to suspend or terminate the Service immediately or take any other corrective action it deems appropriate in its sole discretion if in the sole judgment of CastHost your server is the source or target of any violation of the AUP or for any other reason which CastHost chooses. If inappropriate activity is detected, all of your accounts in question will be deactivated until an investigation is complete. Prior notification to you is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate CastHost to monitor or exert editorial control over the information made available for distribution via the Services. If CastHost takes corrective action because of a possible violation, CastHost will not refund to you any fees you paid in advance of the corrective action.


Disclosure Rights.

The AUP specifically prohibits the use of our service for illegal activities. Therefore, you agree that CastHost may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you. In addition, CastHost shall have the right to terminate all service set forth in this Agreement.


Disclaimed Warranties.

CastHost exercises no control over, and accepts no responsibility for, the content of the information passing through CastHost host computers, network hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. CastHost DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. CastHost DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.


Limitation and Exclusion of Liability.

IN NO EVENT WILL CastHost OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER CastHost NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO CastHost OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF CastHost HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF CastHost AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO CastHost UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY CastHost UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE CastHost AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1.

Support/Sales/Billing - Live Chat / Ticket System / Phone Calls - Staff Abuse Policy

At CastHost.net and/or any other domain(s), and/or any parent/sister companies we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are addressing them in a demeaning and/or rude manner and/or the following stated here, your account may be suspended and you may be asked to take your business elsewhere.
We are in no way obligated to provide Live Chats and/or Phone Calls and/or Remote Desktop Sessions. These services are provided "as is" with no guarantee of service and/or when they are available.
We are no way obligated to call clients requesting phone calls and/or return any phone calls.
We have the right to block and/or refuse and/or deny Live Chat / Phone calls from any person our staff deems necessary.
Using our ticket system is the only acceptable form for Sales/Billing/Support questions and/or issues.
We have the right without notice to close/delete/remove any ticket(s) that are written in all capital letters in the subject and/or in the body and/or any sentence in the ticket. This is considered yelling at our staff and is unacceptable.
We have the right without notice to close/delete/remove any ticket(s) that contain cussing, demeaning or rude behavior and/or anything our staff deems unacceptable behavior.
We have the right without notice to close/delete/remove any ticket(s) that are being sent multiple times within the same hour or sent multiple times with in the original ticket. Every time a reply is added to your current ticket it is automatically moved to the end of the line for a ticket response.
We have the right to merge multiple tickets from the same sender together into 1 ticket and/or to address only 1 of the ticket(s) that are unaswered and/or open.
We have the right to take up to 14 business days to address any type of billing/sales/support questions and/or issues.

Interruption of Service.

CastHost and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, CastHost is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communications or third-party supplier failure).

Indemnification.

In agreeing to the CastHost AUP and this Agreement, you agree to indemnify, defend and hold harmless CastHost, its employees, officers, directors, partners, representatives and affiliates, for any violation by you or your customers of the AUP or this Agreement that results either in (a) any cost, expense, damage or loss to CastHost, or (b) the bringing of any claim against CastHost by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if CastHost is sued because of your or your customer's activity related to the Services, you will pay any damages awarded against CastHost, its employees, directors, partners, representatives and affiliates, plus all costs and attorney's fees.


MISCELLANEOUS PROVISIONS.

CastHost and you agree that, except as otherwise expressly provided in this Agreement, the Order Form(s) or the terms and conditions of use of any third party software products, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or your customers. THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN TEXAS, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not sell, assign or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of CastHost, and any attempted assignment or delegation without such consent will be void. CastHost may assign this Agreement in whole or part. CastHost also may delegate the performance of certain Services to third parties. All notices, demands, requests or other communications required or permitted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt email, or upon receipt of delivery of overnight mail. You and CastHost are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between you and CastHost. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.

Content

All services provided by CastHost may only be used for lawful purposes. The laws of the State of Arizona, and the United States of America apply. The customer agrees to indemnify and hold harmless CastHost from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email admin at steadfast.net documentation. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Examples of unacceptable material on all Shared and Reseller servers include:
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.


Examples of unacceptable material on all Shared and Reseller servers include:

Topsites
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Podcast - Or files for download for podcasts
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Push button mail scripts
Tell A Friend Scripts
Anonymous or Bulk SMS Gateways
Bitcoin Miners

Examples of unacceptable material on all Dedicated servers include:

IRCD (irc servers)
IRC Scripts/Bots
Pirated Software/Warez
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/spam Scripts
Escrow
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)


CastHost services, including all related equipment, networks and network devices are provided only for authorized customer use. CastHost systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of CastHost system(s) constitutes consent to monitoring for these purposes. CastHost may login to your account and delete any files we deem breaking our TOS without notice.
Survival.
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.