Welcome to HostShark! We appreciate your interest in our services. Before you proceed, we kindly request that you review and understand our Terms of Service. By utilizing our services, you agree to comply with the expectations outlined in this document. If you have any questions or need clarification regarding our Terms of Service, please don't hesitate to contact our team.

About HostShark

HostShark is a registered company based in the state of Delaware, USA. We take pride in providing reliable and secure hosting solutions to our valued clients. Our office and mailing address is:

HostShark LLC
611 Wilshire Blvd UNIT 300
Los Angeles, CA 90017

Your Responsibilities

By signing up for our services, you confirm that you are at least 18 years old and have the legal capacity to enter into an agreement. It is important that you understand and adhere to our Terms of Service to ensure a smooth and positive experience with HostShark.

Updates to our Terms of Service

At HostShark, we are committed to continuously improving our services. This means that we may periodically update our Terms of Service to provide further clarity and expand upon the inclusions and exclusions of our services. By utilizing our services, you acknowledge and accept that these updates may occur and agree to abide by the most recent version of our Terms of Service.

1. Delivery of Services

At HostShark, we strive to deliver our services promptly and efficiently. The delivery time may vary depending on the type of service you have ordered. Please refer to the following guidelines for the expected delivery times:

Immediate Delivery:

If you have placed an order for any of the above services and have not received your service details within 30 minutes, please check your spam folder. If the email is not found, please contact our support team for assistance.

Standard Delivery:

For the services mentioned above, the provisioning process may take up to 72 hours due to specific considerations. If you have not received your service details within 72 hours, please check your spam folder and then reach out to our support team for further assistance.

Colocation Delivery:

For colocation-based services, we will add the service to your account upon receiving your order and payment. Due to the variability of colocation services, we will contact you to coordinate the post-sale aspects of your order. If you have placed an order for colocation services and have not been contacted within 24 hours, please check your spam folder and then contact our support team for assistance.

2. Prohibited Activities (Not Allowed)

At HostShark, we value the security and integrity of our network and services. To ensure a positive experience for all users, we have a list of prohibited activities. Please note that this list is not exhaustive, and if you have any questions or concerns about the permissibility of a specific activity, please reach out to our support team.

Here are some examples of prohibited activities:

Failure to adhere to these guidelines may result in one or more of the following actions:

Please note that shared and reseller hosting customers are expected to use their hosting space reasonably for hosting public-facing websites and their core functionality. Utilizing these services for purposes such as cloud storage or unrelated backups is prohibited. Additionally, streaming video content is not allowed on shared and reseller hosting environments. If you require such functionalities, we recommend considering our VPS or Dedicated Server product lines.

VPS customers are expected to monitor their resource usage and utilize our services fairly, without abusing the disk I/O or CPU. If you require dedicated resources or need to maximize performance, we recommend considering a dedicated server. Feel free to contact our sales team for a discounted quote.

Activities such as cryptocurrency mining, email spamming, brute force attacks, outbound DDoS attacks, CPU mining, and traffic exchange are strictly prohibited on our platform.

3. Payments

At HostShark, we strive to provide transparent and fair payment policies. Please review the following sections regarding chargebacks, disputed payments, fraudulent payments, and refunds.

Fraudulent Payments:

Services acquired through fraudulent payments will be suspended or terminated immediately. We will notify you of the suspension or termination and provide a description of the nature of the action taken. Please note that data on terminated services is deleted immediately.

Refunds:

Refunds are evaluated on a case-by-case basis, as our services often incur actual costs for provisioning. By default, refunds are not provided once payment is received. However, we are committed to working with our clients in a fair manner. If you have any refund-related inquiries, please contact our support team, and they will do their best to accommodate your request. Prepayments, such as account credit, are not eligible for refunds.

4. Suspensions

At HostShark, we strive to provide uninterrupted and reliable services to all our clients. However, there are certain scenarios where service suspension may be necessary. Please review the following sections regarding suspension for non-payment and suspension for utilizing services in a prohibited manner.

Suspension for Non-Payment:

If your services are interrupted due to non-payment, we may impose a 10% late fee after 3 days or the maximum amount allowed by law, whichever is less. During the suspension period, you will not have access to the data stored on your services. Reconnection or alternative arrangements must be made to restore service access to your satisfaction. Please note that if non-payment or chargeback leads to deactivation, your data may be destroyed seven (7) days after the due date, unless otherwise specified or agreed upon. To protect against data loss, we strongly recommend keeping up-to-date off-network backups.

We understand that unforeseen circumstances can arise, making it difficult to meet payment deadlines. If you anticipate a delay in payment or foresee potential account delinquency, please communicate the circumstances to us as soon as possible. Open communication allows us to explore options and find solutions to help you retain your services.

Suspension for Utilizing Services in a Prohibited Manner:

If we determine that your services are being utilized in a prohibited manner, suspension may be necessary depending on the nature of the circumstances. We will notify you at the time of suspension and provide a detailed explanation of the reasons behind the suspension. Some offenses may be remedied, allowing for service restoration upon client remedy. However, more serious or recurring offenses that demonstrate a disregard for our policies may result in permanent suspension and service cancellation. In the event of permanent suspension and cancellation, services will be terminated for violating our Terms of Service, and no refund will be issued. Resolving such offenses requires administrative staff time to address issues with external parties. If you have any questions or concerns about this policy, please reach out to our support team for clarification.

5. Cancellation and Service-Downgrade Policy

At HostShark, we understand that circumstances may change, and you may need to cancel or downgrade your services. Please review the following sections regarding our cancellation and service-downgrade policy.

Cancellations:

If you wish to cancel your service, we require a written notice of cancellation at least five (5) days before your service's renewal date. The cancellation notice must be submitted through our client area. We strongly advise backing up any data you wish to retain before the cancellation date, as data on your server will be immediately removed for your protection. If you have any questions or need assistance with the cancellation process, please contact our support team.

Cancellations (For Contract Services):

If you have a contract service with us, we require a written notice of cancellation at least seven (7) days before your service's renewal date. This notice must also be submitted through our client area. As with regular cancellations, we recommend backing up your data before the cancellation date. Please note that cancellations for contract services are reviewed on a case-by-case basis, and an early termination fee may apply based on the specific details of the service being canceled prematurely. If you have any inquiries regarding this policy, please reach out to our support team.

Service Downgrades:

If you wish to downgrade your service, we require a written notice at least five (5) days before your service's renewal date. Please submit the downgrade request through our ticketing system. For any questions or concerns about the service-downgrade process, feel free to contact our support team.

6. Support Limitations

At HostShark, we prioritize providing the best-effort hardware and network support to our clients. Our technical support is available 24/7/365 at no additional charge. Please review the following sections regarding support for OS reloads and software-related assistance.

Overview:

We strive to offer the highest level of technical support to our clients. However, it is important to note that we do not provide software support as a standard service. If you require software or OS level support, we offer server management plans for an additional fee. These plans cater to customers who require comprehensive support beyond what is included in our standard services.

OS Reloads on VPS and Hybrid Services:

Clients with VPS and Hybrid Dedicated Servers have access to a user-friendly client interface that allows for self-service initiation of OS reloads. This feature is provided at no additional charge. If you have any questions on how to utilize this functionality, please contact our support team.

OS Reloads on Dedicated Servers:

Clients with dedicated servers are entitled to one complimentary OS reload per billing cycle, typically equivalent to one free OS installation every 30 days. Additional OS reloads requested within a billing cycle will incur a cost of $25 per reload. Please reach out to our support team if you have any inquiries regarding OS reloads on dedicated servers.

Software Support (Excluded):

We do not provide software support as part of our standard services. However, clients who have obtained management plans will receive a detailed scope of what is included and excluded from their specific plan. If you have any questions about the scope of software support, please contact our support team for clarification.

Support to Client End-Users (Excluded):

We do not provide direct support to end-users of our clients. If such services are required, please contact our support team, and we will provide you with suitable options and guidance.

7. Disclaimers of Liability and Indemnification

At HostShark, we aim to provide reliable and secure services. However, it is essential to acknowledge the limitations of our services and the extent of our liability. Please review the following sections regarding disclaimers of liability and indemnification.

Services Provided "AS-IS":

Our services are provided "AS-IS." To the extent permitted by law, we make no written, expressed, or implied warranties or guarantees. We do not guarantee that the use of our services will meet your requirements or expectations. Furthermore, we do not guarantee uninterrupted access to our services from any location or at any given time. By utilizing our services, you do so at your own risk.

Limitation of Liability:

In the event of a dispute with HostShark, your sole remedy is the cancellation of your account. By using our services, you agree that HostShark, its suppliers, affiliates, and agents will not be held accountable for any monetary amount or claim that exceeds the total amount of fees you have paid during your use of our services.

Indemnification:

You agree to defend, indemnify, and hold harmless HostShark, its employees, officers, directors, agents, and suppliers from any liabilities, claims, and expenses, including attorney fees, arising from any claims, including but not limited to loss of profits, data loss, work stoppage, hardware failure or malfunction, service interruption, commercial damages, or losses, as well as any misuse of our services.

Legal Action and Jurisdiction:

Any legal action or proceeding shall be subject to arbitration according to the laws of the State of California. The jurisdiction and venue for any legal action or proceeding will be San Bernardino County, California.

Limitation of Damages:

In states or jurisdictions where the exclusion or limitation of incidental damages is permitted, our liability, as well as the liability of our employees, officers, directors, agents, and suppliers, will be limited to the fullest extent permitted by law.

8. Transfer Policy

If you wish to transfer a service to another client account, HostShark charges a one-time administrative fee of $8.00 USD per transfer request. Please note that our staff reserves the right to decline any transfer request.

Last Revised: Jun 25, 2023

In conclusion, we appreciate your attention to our Terms of Service. By utilizing our services, you agree to abide by these terms and conditions. If you have any further questions or concerns, please do not hesitate to contact our support team. We are here to assist you and ensure a positive experience with HostShark.