Category5Hosting, DBA Terms of Service

Last Revised: 2/4/2023

1.) Introduction

    The following terminology applies to this Terms of Service; “Category5Hosting”, “We”, “Our”, and “Us” refers to our company, Category5Hosting. “You”, “Client”, “Customer”, “Consumer”, “Your”, and “Account Holder” refers to you, the person reading this page and accessing our website. By creating an account at Category5Hosting you agree that you’ve read and understood these Terms of Service provided to you.

2.) Age Restriction

    When creating an account for Category5Hosting, You agree that you’re at least 13 years of age. Failure of this rule will result in immediate account deletion, with all info input on our site to be removed. And services purchased from Category5Hosting will immediately be canceled and deleted from our systems. This is to comply with Children’s Online Privacy Protection Rule, also known as “COPPA”.

3.) Refusal of Service

    Category5Hosting reserves the right to refuse, cancel, and suspend the service(s) of any client at our sole discretion. Any material in our judgement deemed threatening, illegal, or violated our Terms of Service will be removed from our servers or disabled with or without notice.

4.) Server Uptime Guarantee by SLA

    We guarantee 99.9% uptime on all service plans. Should we fail to deliver this for any given calendar month, you may request credits to be applied to your account. Please note Credits are based the length of service interruption but should never exceed the full billing period. We will diligently inspect all SLA claims. Third party monitoring service reports may not be used for justification due to a variety of reasons including the monitor’s network capacity or transit available. The uptime of a server is defined from the operating system of a server. To request credits please make a billing ticket with proper justification.

5.) Disclosure to Law Enforcement

    Category5Hosting can and will disclose any required information to law enforcement agencies without consent or notification to the client upon request from such agencies. We will fully cooperate with all law enforcement agencies.

6.) Bandwidth Usage

    Clients are allowed and allocated a monthly bandwidth “allowance” depending on the service purchased. Should the service pass the allowed monthly bandwidth, we reserve the right to suspend that service until the start of the next billing period. You are allowed to purchase more bandwidth at an additional fee. Unused Bandwidth can’t be carried over to the next billing period.

7.) Backups & Data Loss

    While we may routinely backup Shared Webhosting and Virtual Private Servers, our backups should not be used as a sole means to backup your data. Category5Hosting is not responsible for any files and or data on our servers; You agree to take full responsibility your files and data, and to maintain your OWN backups of files and data. Please note that Dedicated servers or Colocation Clients do not get backed up whatsoever. We encourage you to have a backup solution.

8.) Payment Information (Billing)

    As a client of Category5Hosting, it is your responsibility to make sure that your payment information is up to date, and that all invoices are paid on time. You agree that unless and until you notify Category5Hosting by a ticket or cancelation request, you will be billed on a recurring basis from when you originally paid the invoice, unless stated in writing from Category5Hosting. We reserve the right to bill your credit card/billing information on file with us. At our sole discretion, we may provide a “grace period” beyond the renewal and invoice due date; However, you will be responsible for the payment of the service(s) unless you’ve canceled by the procedures listed above.

9.) DMCA Policy & Notice

    The U.S. Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements treaties of the World Intellectual Property Organization (WIPO). A DMCA claim occurs when someone suspects a website or material of copyright infringement. The DMCS mandates that hosting providers must remove or disable access to infringing content upon receiving a properly completely and verified infringement claim. It’s our policy to respond diligently to any notices of alleged copyright infringement material that comply with the DMCA. If you believe you or the represented owners of copyright in a website/material have been infringed by improper posting or distribution of it, then you may send a written notice that meets the requirements of a proper DMCA Copyright infringement notice. Category5Hosting will only respond to DMCA notices that are received by email at the email address below: abuse@category5hosting.com

10.) Unaccepted Material

    Any of the following material found on our services will result in immediate service suspension and possible deletion, with a $150 applicable fee; We may also notify the proper authorities of your actions. The materials are the following but not limited to:

  1. DDoS Attacks
  2. IP Scanning
  3. Pirated Software
  4. Child Pornography
  5. Email Spamming
  6. Brute Force Programs
  7. Banner-Ad Services
  8. Lottery Sites/Programs
  9. Gambling Sites/Programs
  10. Broadcasting or Streaming Live Sporting Events
  11. Sites Promoting Illegal Activities
  12. Sale of any Controlled Substance(s) without prior proof of appropriate permit(s)

    13. Failure to respond to our abuse department within 48 hours may result in the suspension or termination of your service(s).

11.) Authorized Usage

    Please Note, Category5Hosting’s services and equipment are intended for authorized customer use only. Our systems may be monitored for lawful purposes, including but not limited to ensuring that usage of our equipment is authorized, management of the systems, protect against unauthorized access, and to verify security procedures. During any monitoring, information may be collected and examined to be used for authorized purposed. By creating an account with Category5Hosting you agree to these terms.

12.) Support Policy

    Category5Hosting is required to give clients support for any Hardware or Network issues. If it’s not related to Hardware or Network, we may charge an additional $135 per hour billed in 30 minute increments. We are not responsible to provide support for any Software or Programs you install to the system.

13.) Refund Policy

    Category5Hosting is not required to refund any purchases. If you buy a service, you are expected to know what you’re buying; If you have trouble understanding what it is you’re buying please reach out to our General Enquires team and a support member will get back to you as soon as possible.

Final Notice!

    Category5Hosting reserves the right to amend these Terms of Service with or without notice.