Unmetered dedicated

Terms of Service

  1. Our Terms of Service (TOS) are designed to be read by the average person. Please read them carefully prior to ordering services from us, and make sure you understand what they say. Our TOS is a legally binding contract between 100TB and you. You agree that our continued provision of services to you, and your continued use of them, represent your agreement to be bound by the TOS.
  2. General Terms
    1. The features and details of the services governed by this TOS are described on the web pages describing the particular service you have purchased (Service Description Page) based on the description on the Service Description Page as it stands on the Effective Date (Services). We may modify the products and services we offer from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Services to reflect such a change.
    2. The Effective Date of this TOS is the date on which you first order Services from us, as that date is recorded by our servers. Services may be provided by any of the companies associated with 100TB; however, this TOS is between you and Hosting Services, Inc. d/b/a 100tb.com. There are certain policies and procedures that are incorporated into this TOS by reference: our Privacy Policy and our Acceptable Use Policy. Both parties to this TOS are bound by these policies, and by using the Services, you agree that you have read and will abide by them. It is important to understand that this TOS contains a waiver of your right to a trial by jury. Because the Internet is dynamic, and we cannot always anticipate the uses of the Services, we reserve the right to make changes to this TOS, our AUP and/or our Privacy Policy at any time. To the extent we are able, we will give you advance notice of these changes. If these changes materially affect your ability to use the Services, you may terminate this TOS within 30 days of such a change. Otherwise, your continued use of the Service is your consent to be bound by the changes.
    3. If you have any questions about any of our agreements, please feel free to contact us at support@100TB.com or 888-395-0752.
    4. In addition to the Services, 100TB may provide one FREE domain name with a new purchase on select hosting plans. This domain will be included for the lifetime of your hosting account. The domain name will be registered in your name and is yours to keep, subject, of course, to the rules and regulations of the registrar and governing bodies. The free domain name applies only to the TLDs set out on the Service Description Page and only when initially signing up for the Services. The free domain does not apply to domain transfers. Should the Services become inactive at any time during the first domain registration year, you will be charged for that year's domain registration. Transfer of the domain name away from us may require prior notice, and fees imposed by the registrar. While we will not charge you any fees, we are not responsible for any fees charged by third parties associated with a transfer.
    5. Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. We will use commercially reasonable efforts to inform you of those changes. You may terminate this TOS if such a change materially affects the Services.
    6. All IP Addresses provided to you by us are our property, or those of our third party suppliers. They are non-transferable and non-assignable. You have no ownership or transfer rights in them.
  3. Payment
    1. You are responsible for the fees and charges set out on the Service Description Page, according to the terms set out on that page (Fees). The date on which Fees are due is the Due Date. If the Service Description Page does not set out a Due Date, the Fees will be due monthly. Set-up fees are not refundable for any reason. Fees are also not refundable if you breach this Agreement or our Acceptable Use Policy and this Agreement is terminated for that violation.
    2. Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date. You must pay the Fees without set-off or deduction. It is your responsibility to ensure that we receive payment of the Fees. Fees will be considered paid on the date your financial institution makes funds available to us. Should your account be suspended, for any reason other than our breach of this TOS, Fees will continue to accrue.
    3. If you believe there is an error in our calculation of the Fees, we encourage you to contact us in writing. Our obligation to consider your claim is contingent on your providing us with written notice of this dispute, and including sufficient facts for us to investigate your claims. We must receive this notice at least 5 days prior to the Due Date (Dispute Deadline). You waive your right to dispute any charges or Fees if you fail to meet the Dispute Deadline. If we find that your claim is valid, we agree to credit your account the next time Fees are due.
    4. If the Fees are not paid by your financial institution, your account will be considered delinquent. To reinstate your account, you will be required to pay, depending on the reason for the delinquency: (i) a returned check fee in the amount of $50; (ii) interest in the amount of 2.0% per month, or the maximum amount allowed by law; (iii) collection charges, including attorney's fees; and/or (iv) any fees levied on us by your financial institution. If payment is not received within 3 days past your renewal date, we will suspend the port associated with your server. If payment is not received within 7 days of your renewal date, your server will be placed in our recycling queue and all data will be deleted. You will not be able to recover any data once a server is placed in our recycling queue.
  4. Permission to Host Your Content
    For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. You grant to us, and any third parties used by us to provide the Services, a non-exclusive, non-transferable (except as provided in this TOS), worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your customers, in conjunction with the Services. This license terminates on the expiration or termination of this TOS. All right, title and interest in your technology shall remain with you, or your licensors, and we will only use this technology to provide the Services to you. You specifically agree not to tamper with, make derivative works of, reverse compile, reverse engineer and/or disassemble any of our software or files, or those of any third parties whose products and/or services are incorporated into the Services. You are solely responsible for providing all of the content and other data that make up your website.
  5. When the Services Will be Available
    We will use reasonable efforts to provide the Services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the Services may be unavailable to you. You recognize and acknowledge that occasional unavailability of the Services will occur. We make no representation or warranty that the Services will be uninterrupted.
  6. Personal Information
    When you place an order for the Services, the personal information you provide, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell this personal information to a third party (other than a company who may purchase us), and will take reasonable steps to keep it from being disclosed to any third party. For more information on how we use your personal information please review our Privacy Policy.
  7. Automatic Renewal
    When you sign up, you choose the term of this TOS (Term). Unless a party cancels this TOS as set out below, this TOS will renew for the same period as the initial Term. When the Term renews, the credit card you have on file with us will be charged the Fee set out on the Product Description Page. If you have any questions as to when your renewal date is, simply login to secure.mpcustomer.com, or give us a call at the number on our support page.
  8. Cancellation
    1. Cancellation requests must be received 7 days prior to the expiration of each Term to avoid additional charges.
    2. If you wish to cancel your account, you must use the following address: http://cancel.100tb.com
    3. We reserve the right to immediately terminate this TOS, and suspend or cancel the Services: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay Fees due. This right of termination is without prejudice to any other rights we may have, and you will not receive a refund of any Fees. You are not entitled to any type of notice or protest should we exercise these rights.
    4. One party may also terminate this TOS upon the occurrence of a material breach, which has not been cured by the other party within 10 days of their receipt of written notice of the breach. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
    5. Upon termination all of your data will be destroyed, unless otherwise required by law. It is your responsibility to modify any technical settings necessary for you to, for example, continue to receive email, or preserve data.
    6. We also reserve the right to terminate this TOS with 72 hours written notice should an event occur in which you are, or were, exceptionally rude or vulgar in communications with our staff.
  9. Acceptable Use/Illegal Activity
    1. The Services are designed for lawful use only. It is your responsibility to fully understand and appreciate the laws of the United States of America, and the state set out in the paragraph entitled "Choice of Law," when using our Services.
    2. Your use of the Services must be reasonable. You may not place excessive burdens on our, or our third party vendors', CPUs, servers or other resources or interfere with the services we provide to other customers. You may not use excessive bandwidth. You agree that we may place restrictions on your use of the Services to the extent that they exceed the use of the Services by similarly situated customers.
    3. You agree to cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information, designing material that is "server ready" and ensuring that you, your employees and/or agents have sufficient technical expertise to understand how to implement the Services.
    4. We strive to maintain a high level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide Services to those that are using our Services for:
      1. Hacking, which includes, for example, penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
      2. Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
      3. Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
      4. Uploading or linking to any content that violates another's right of publicity or privacy.
      5. Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
      6. Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
      7. Using the Services for a content delivery network or content distribution network (CDN). An authorized CDN network offered through 100TB is accepted. Special requests to use the Services to run an unauthorized CDN network may be approved on a case-by-case basis. Failure to comply with this policy will result in termination of this TOS, and you will not receive a refund of the Fees.
      8. You may not use IRC servers connected to public IRC networks or servers. IRC servers that result in interference with the Services, malicious network activity, or increased demand on our network are prohibited.
      9. You may not use the Services in any way that violates the laws governing this TOS, or of the jurisdiction in which you reside or where your business is established.
      10. We retain the right, at our discretion, to refuse to provide new service to any individual, group or business, or to discontinue providing the Services to you if you, or your customers, have excessive, multiple, and/or repeated violations of our accepted uses.
    5. Bandwidth Overages (Dedicated Servers Only)
      By agreeing to these terms, you understand that we will bill you for bandwidth overages in the amount of $0.20/GB for both dedicated servers and cloud services. Upon request, we will provide you a login for you to track your usage. NOTE: The bandwidth period is from the 24th to the 23rd of the month.
    6. DMCA Copyright Infringement Information
      In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others. You must do the same. We may, in appropriate circumstances and at our sole discretion, disable and/or terminate the accounts of users who infringe. If we terminate this Agreement for your violation of the DMCA, you will not receive a refund of the Fees. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) with the following information:
      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
      2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
      3. a description of where the material that you claim is infringing is located on the site;
      4. your address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
      6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
      7. Our agent for notice of claims of copyright infringement can be reached as follows:

        By mail:
        Copyright Agent
        c/o Hosting Services, Inc.
        164 N. Gateway Drive
        Providence, UT 84332, USA.

        By phone: 888-395-0752
        By fax: +1-435-755-3449
        By email: support@100TB.com
  10. Indemnification
    You agree to indemnify, defend and hold us harmless and our parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services; (ii) any violation by you of any of our policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the terms used to designate "you" include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
  11. Warranties
    1. You represent and warrant to us that: (i) you have the experience and knowledge necessary to use the Services; (ii) you will provide us with material that may be implemented by us to provide the Services without extra effort on our part; (iii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Service to take advantage of the Service; (iv) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; (v) you are not listed on any U.S. Government list of prohibited or restricted parties; and (vi) you are at least eighteen years of age or older and not otherwise legally incapacitated to execute this TOS.
    2. You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, all materials provided to us, or which may be accessed or transmitted using the Services. You also warrant that to the extent you do business with other parties using the Services, they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.
  12. Disclaimer of Warranties
    HOSTING SERVICES, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOSTING SERVICES, INC. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. HOSTING SERVICES, INC. DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. HOSTING SERVICES, INC. SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY HOSTING SERVICES, INC. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO HOSTING SERVICES, INC. SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES. THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM HOSTING SERVICES, INC., ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
  13. Limitation of Liability
    IN NO EVENT SHALL HOSTING SERVICES, INC. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF HOSTING SERVICES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in this TOS. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us.
  14. Governing Law and Choice of Forum
    The validity, interpretation, and performance of this TOS, and of the agreements and policies that apply to the Services, shall be controlled by and construed under the laws of the State of Utah, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. You agree that jurisdiction and venue are proper in the state courts located in Salt Lake City, Utah, or the U.S. District Court for the District of Utah located in Salt Lake City, Utah. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
  15. Waiver of Trial by Jury
    EACH PARTY TO THIS TOS IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS TOS.
  16. No Waiver
    No waiver of rights under this TOS, or any of our policies, or agreement between the parties shall constitute a subsequent waiver of this or any other right under this TOS.
  17. Assignment
    This TOS may be assigned by us. It may not be assigned by you. This TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
  18. Severability
    In the event that any of the terms of this TOS become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this TOS. All remaining terms of this Agreement shall remain in full force and effect. Notwithstanding the foregoing, if this paragraph becomes applicable and, as a result, the value of this TOS is materially impaired for either party, as determined by such party in its sole discretion, then the affected party may terminate this TOS by written notice to the other.
  19. No Agency
    This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
  20. Survival
    The following paragraphs shall survive the termination of this TOS: 10, 12, 13, 14, 15, 18, 20.


By using Hosting Services, Inc. you agree to the above terms of service.