Welcome to Northeast Hosting LLC! These Terms of Service ("Terms") govern your use of Northeast Hosting LLC's services, including all of our services ("Services") such as virtual private servers hosting, bare metal hosting, and website hosting. Please read these Terms carefully before using our Services.
By using Northeast Hosting LLC's Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.
1.1. "Services" refers to all products and offerings provided by Northeast Hosting LLC, including but not limited to virtual private servers hosting, bare metal hosting, and website hosting. 1.2. "Client", "You", or "Your" refers to the individual or entity who registers for and uses an Account to access the Services. 1.3. "Account" refers to the account created by the Client through which Services are managed and accessed. 1.4. "Billing Cycle" refers to the recurring period (e.g., monthly, quarterly, annually) for which the Client agrees to pay for the Services.
2.1. In order to use our Services, you must create an account with Northeast Hosting LLC. You agree to provide accurate, current, and complete information during the registration process.
2.2. Client must be of legal age or able to form, dissolve and enter into binding contracts in their country or jurisdiction.
2.3. Should a potential Client be under the legal age or unable to form, dissolve and enter into binding contracts, a parent or legal guardian must register and manage the account on their behalf.
3.1. Northeast Hosting LLC offers a forty-eight (48) hour refund policy for our subscription services. If you are not satisfied with our Services within the first forty-eight (48) hour of your purchase, you may request a refund through our Billing Portal by opening a ticket. Refunds are available only to first-time customers and do not apply to renewals, upgrades, or subsequent purchases.
3.2. A client found to be in violation of the Terms Of Service will be ineligible to receive a refund.
3.3. Domain names, software licenses, and third-party add-ons are non-refundable.
4.1. Northeast Hosting LLC shall not be responsible for any data loss incurred while using our Services. It is your responsibility to regularly back up your data.
4.2. To the maximum extent permitted by applicable law, in no event shall Northeast Hosting LLC, its affiliates, agents, directors, employees, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; or (c) unauthorized access, use, or alteration of your transmissions or content.
4.3. In no event shall Northeast Hosting LLC’s total liability exceed the amount Client paid for Services in the three (3) months preceding the event giving rise to the claim.
5.1. You agree not to use Northeast Hosting LLC's Services for any of the following activities:
Exploitation & Illegal Content
Network & System Abuse
6.1. Chargebacks are prohibited except in cases of verified fraud or material breach by Northeast Hosting LLC. Before initiating any chargeback, Client must:
6.2. Fraudulent or Bad Faith Chargebacks. Any chargeback initiated without compliance with Section 6.1(a)-(c) above, or any chargeback that Northeast Hosting LLC reasonably determines was initiated in bad faith or based on false representations, will result in:
6.3. Verification Process. Northeast Hosting LLC may suspend Services pending resolution of any chargeback dispute and reserves the right to require additional verification of Client identity and payment methods before reinstating Services.
7.1. Informal Negotiation. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute"), you and Northeast Hosting LLC agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.
7.2. Binding Arbitration. If a Dispute is not resolved through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration will be conducted by a single arbitrator in Kentucky. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Each party will bear its own costs unless the arbitrator determines otherwise.
7.3. No Class Actions. You agree that any dispute resolution proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action.
7.4. Exceptions to Arbitration. The parties agree that the foregoing arbitration provision does not prevent either party from bringing an individual action in an appropriate small claims court for disputes that fall within that court's jurisdictional limits. The foregoing arbitration provision also does not prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or for matters related to unauthorized access to the Service.
8.1. Northeast Hosting LLC guarantees a 99.90% uptime for our Services. If the uptime falls below 99.90% in any given month, compensation will be provided to affected users in the form of in-store credit determined by the length of downtime.
8.2. Clients will receive a service credit equal to five percent (5%) of the monthly fee for each full hour of downtime below the SLA, up to a maximum credit of fifty percent (50%) of the monthly fee for the affected service.
8.3. Bandwidth allocation for each service is defined by the specific plan purchased. While your service includes a designated network port speed, your usage is subject to a fair use policy. Continuous, sustained use of your full network port allocation that degrades overall network performance or negatively impacts other users is not permitted. Northeast Hosting LLC reserves the right to temporarily limit network throughput, suspend, or terminate any service found to be in violation of this policy to ensure network stability for all clients.
8.4. We will not compensate you in any of the cases listed below.
9.1. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NORTHEAST HOSTING LLC MAKES NO WARRANTY, AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NORTHEAST HOSTING LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, IMMUNE FROM ATTACKS, OR ERROR-FREE.
10.1. You agree to indemnify, defend, and hold harmless Northeast Hosting LLC and its affiliates, officers, agents, and employees from and against any claim, suit, or action arising from or related to your use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, attorneys’ fees, governmental investigations, or regulatory penalties.
11.1. You may cancel your services at any time by logging into the Billing Portal, selecting the service, and submitting a cancellation request.
12.1. You are given a three day grace period after the due date of an invoice. Failure to pay invoices within this timeframe may result in termination of your Services and permanent, irrecoverable deletion of your data.
12.2. You agree to pay all fees associated with your use of our services. We reserve the right to suspend or terminate your account if payment is not received.
12.3. Northeast Hosting LLC shall not be responsible for any loss of data resulting from termination due to non-payment.
13.1. Northeast Hosting LLC reserves the right to suspend or terminate your access to the Services at any time, with or without cause, and without notice, for violation of these Terms.
14.1. Northeast Hosting LLC reserves the right to update or modify this Terms Of Service at any time. We will notify you of any changes by sending out an email and posting the updated Terms Of Service on our website with an updated date.
14.1. The provisions of Sections 4 (Limitation of Liability), 7 (Dispute Resolution), 9 (Disclaimer of Warranties), 10 (Indemnification), 12 (Payment and Billing), 14 (Survival), and 16 (Governing Law) shall survive any expiration or termination of this Agreement.
15.1. If you have purchased a "lifetime server" plan, please be aware of the following:
16.1. These Terms shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, United States, without regard to its conflict of law principles.
16.2. For any legal proceedings that are not subject to the arbitration clause in Section 7, you agree that the state and federal courts located within Kentucky shall have exclusive jurisdiction and venue. You hereby consent to the personal jurisdiction of such courts and waive any objection to jurisdiction or venue in those courts.
17.1. Any violations of the Copyright law of the United States and others will lead to Termination of services. Northeast Hosting LLC will pass on information to the copyright holder, who will take proper action.
17.2. If you believe that your copyrighted work has been infringed upon on Northeast Hosting LLC's platform, please contact us by opening a ticket here or emailing [email protected].
18.1. If you encounter or suspect abuse or misuse of our services, please report it to us immediately. You can report abuse by opening a ticket here or emailing [email protected].
18.2. We take all abuse reports seriously and will investigate them promptly. Appropriate actions will be taken based on our investigation, which may include suspending or terminating the offending account.
19.1. Our services are automatically setup to block all ports used for mail servers and torrenting to prevent abuse. To request mail server ports to be opened, please open a ticket and give us a justifiable reason. We will never open ports used for torrenting.
19.2. Northeast Hosting LLC provides network connectivity on a best-effort basis. Actual speeds may vary based on network conditions and overall system load. Guaranteed bandwidth, if applicable, is defined only by the plan specifications, and Northeast Hosting LLC does not guarantee continuous maximum throughput.
If you have any questions about these Terms, please contact us at [email protected].
By using Northeast Hosting LLC's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.