Terms of Service Agreement: (Please read this completely as it governs your service with HBH)

 

Introduction:

The Terms of Service Agreement (herein referred to as "TOS") for Hybrid Hosting Solutions (herein referred to as "HBH") are simple and easy to follow.

Like many companies our TOS is merely a set of guidelines created to allow us to better serve our clients as their provider and allow them to have a set of guidelines for their use of our services in order to avoid any issues, know what to expect from us, and understand their responsibility to us as their service provider.

 

Email Communications:

HBH sends notifications of invoice generation, updates, maintenance and other communications as deemed necessary via email notifications to our clients. Because of the sometimes overly aggressive nature of spam and bulk filtering, or bayesian rules in email servers, it is possible that our communications may at times be blocked or placed in the client's Bulk/spam folders. ALL clients should add our domain to their safe senders list in order to avoid this from happening. Our email domain is "hybrid-hosting.com", HBH will not be held to, or accept any responsibility for failed delivery of email notices or any other communications from HBH to our clients due to things that are outside of our control. What this means in a nutshell is saying "I didn't get an email" will not be accepted as a reason for any failure to monitor your own account, or contact us in the Support Center if you have any questions regarding your service or account with HBH.

 

Disclosure to Law Enforcement:

Please see the Privacy Policy page.

 

Applicable Law and Jurisdictional Boundaries:

Hybrid Hosting Solutions is a Subsidiary of:

BCS Computers

728 Trenton Ave.

Cincinnati

Ohio

45205

 

As such, purchases made on our servers and of our services are purchases that are considered to take place in the city of Cincinnati, in the county of Hamilton, in the State of Ohio, in the country of The United States of America, and are governed by the applicable laws of those locations only, by placing an order with HBH, clients herein agree that ANY and ALL laws of other countries, states or municipalities are subjugated to the above stated location's applicable laws without question or dispute of the jurisdictional boundaries.

 

Services:

HBH provides our clients the option to select from three (3) types of service packages.

1. "one time" services

2. "short term" services, ( services lasting 7 days or less)

3. "recurring subscription" packages.

Clients are responsible for ensuring that they select the proper type package when placing their orders, because of the nature of costs associated with this type business, HBH adheres to these policies "to the letter", our clients expect us to follow our responsibility to them as their provider, and we expect our clients to do the same in their responsibility to us.

 

Service Package types:

 

1. One Time Service Packages:

A one time service package begins on the date of the order and expires at the end of the selected cycle, 1 month, 1 quarter, bi-annually(6 months), or annually(12 months). One time service packages are non-recurring, and cannot be converted to a recurring or short term package.

 

2. Short Term Service Packages:

Short term service packages are the "weekend server" packages for a period of 3 or 5 days. (periods of time beyond 5 days are not cost effective to the client)

Short term packages are "non-recurring", but can be converted to a subscription service package of 1 quarter, 6 months, or 1 year.

This package's time starts at 11:59 pm EST of the day the order is placed, and runs for the listed number of consecutive days ending at approximately 07:59 am EST the day after the end of the last day. (Ex. A "3 day" package that is purchased on 1-1-2008 @ 3:00 pm EST runs as follows: server time starts at 11:59 pm EST 1-1-2008 and runs approximately until 07:59 am EST on 1-5-2008) The extra time on each end allows you to setup your server with the needed channels and users before the time starts, then allows some time for a long scrim or match so that your server is not shut off in the middle of the game,(which bites severely) or if you decide to convert the package to a recurring subscription your channels and customizations won't be lost.

When converted, the short term package will give the client a small one-time break on the converted package's pricing. The pricing break will be equal to a 10% discount on the new package up to the amount paid for the one-time service at the beginning.

(Ex. a $5.00 short term order will give a client a break of up to a maximum of $5.00 off the package price of the new package)

 

3. Recurring Subscription Service Packages:

A recurring subscription service package means just that, the package begins on the date of the order and renews at the end of the selected cycle until the client requests cancellation of the service per the guidelines set forth in this document in the "cancellations" section. Please note that NO OTHER methods of cancellation are allowed unless otherwise stated in that section of the document, or agreed to in the support center and documented under your specific support login in a ticket reply.

Recurring Packages cannot be converted to one-time, or short-term packages, and they require that the client maintains an active PayPal payment subscription unless a cancellation request has been submitted for the service per the guidelines set forth within this document in the "cancellations" section.

 

Support Guidelines:

Clients can gain support for their account by logging into the Support Center located at: http://support.hybrid-hosting.com/ using their account's registered email address, their account's master password and submitting a support ticket to the proper department. Our support center sends out a ticket receipt for each ticket received, or each response posted to a support ticket, it also sends out a receipt for email communications received in the support center, so if you do not get a ticket receipt, we did not receive your request. (do not simply assume that we did, you must follow up on all support requests until their completion)

While we here at HBH do not mind answering general questions via emails that are sent to us, any and all "account specific" questions need to be asked, and will only be answered through a logged in support request.

 

Payment and Fees:

Payment is required within 5 days of the original order date,(does not apply to short term packages) and on the account's cycle date thereafter. Please note that we do give that 5 day grace period on new orders, but our system will not setup any service package until the invoice has been paid.

Paypal is the only payment processor we use at this time and as such, we have no access to any client's PayPal account to charge, bill, withdraw funds from, or otherwise alter it in any manner.

If any client has a payment issue regarding PayPal we will be happy to offer what knowledge and assistance we can, however in some cases, or for certain questions, we will have no choice but to refer you to payPal to receive an answer to your questions if they relate to PayPal's policies.

PayPal "echecks": In some cases PayPal or the client will select the echeck option for a subscription payment, if that occurs, we will be happy to adjust the client's account cycle date in our system to match the date that the "echeck" clears PayPal's system, this is not however applicable for "short-term" or "one-time" packages as those payments are not "subscription based" payments. Some known factors that affect whether PayPal or the client selects the "echeck" option are (1.) whether or not the account is verified and (2.) whether the linked funding source is a verified one. PayPal can shed a more verbose light on those items for you.

 

PayPal Email Requirement:

All clients are required to use their PayPal registered email address as their account's registered email address in our system. This is to provide us the ability to better serve you as the client in tracking and verifying payments made by PayPal to us on your behalf. Failure to follow this guideline could result in delays of payment application, or tracking and verification when you need assistance on any type PayPal issue. It can also cause your account with us to be suspended, or possibly not even setup in order to counter possible fraudulent usage of a PayPal account to acquire services from HBH

 

Threats or Demands:
Any threat or demand of legal action, PayPal dispute, smear campaigns, or charge-back will immediately result in your account being eligible for suspension and/or cancellation without refund. Clients are required to contact us to attempt to resolve any issues prior to taking actions elsewhere. Clients are also required to conduct themselves in an "ADULT" manner when contacting us in relation to all issues. This is not because we want to try to "get over on you", "be the boss", or "be in control of the issue", but rather, it's because most issues can be resolved in a few minutes through our support center. We cannot help our clients if we are not notified that there is a problem.

 

 

Billing Errors:

All overcharges or billing disputes must be reported within 15 days of the time the charge occurred.

Waiting beyond this period of time makes resolution of the issue difficult as some payment processors place stringent time restrictions on refunds of payments made through them. Waiting beyond the 15 day notification period also means that you will possibly lose the option to receive a refund, however we will still be happy to investigate the issue/billing problem and if appropriate/possible, the overage will be refunded, or applied as a funds credit to your client billing account with us.

 

Refunds and Disputes:
Refunds are only issued if there is a problem we that we worked together to resolve, and can document.

This requires that the problem be on our end at one of our data-center, or bandwidth provider's locations and after attempting to correct the problem, we are unable to resolve the issue for you.

Refunds will not be issued for problems that include, but are not limited to: a client's inability(or their users) to properly use or configure their server or client app, their ISP's routing, blocking, port restrictions, or bandwidth limitations, and the usability of the services for any purpose that's outside of the designed intent of the program's creators.

 

Account Cancellation:

Canceling your Recurring Service with HBH is easy to do, simply log in to the Support Center, and submit a cancellation request to the "Cancellations Department" at least 3 days prior to an account's cycle date (an upcoming invoice's due date)... That's all there is to it, no games, no bickering, no hassles. For account security purposes, no email cancellations will be accepted, if you cannot login to the Support Center you will need to use the forgot password link on the home page, or in the billing login page to reset your password so that you "can" login. It is a well known fact that email headers can and often are forged for the purposes of phishing, or other malicious activities, it is for this reason that we do not provide "account specific" support via email, or accept email cancellations. If you use a PayPal payment subscription to pay for a recurring package with HBH and you have properly requested cancellation of the service account with HBH, you will also need to login to your PayPal account and cancel the payment instructions there so that PayPal will not continue to "send" us funds on your behalf for a service you've requested canceled. We cannot do this for you, however we will gladly give you the information on how to find and cancel those instructions if you've forgotten, or deleted the confirmation email that PayPal originally sent you upon the creation of those payment instructions.

 

Account Close-Outs:

Occasionally a client will have an issue arise that legitimately prevents them from canceling their Recurring Service with HBH in the proper manner. While we here at HBH do pay licensing fees for the slots assigned to a client's Recurring Service, We also understand that things happen at times, and because of that we are willing to work with a client to help them off-set the costs of their Invoice. Generally, we ask that a client pays a small percentage of the account's overdue invoice to help us cover part of our costs of the licenses, and in return, we will mitigate the remaining costs to the client's account as a gesture of customer service, and to give the client a hand in their issue. If a client needs to explore this avenue of help from HBH, the request needs to be submitted in the form of a ticket in our support center As Soon As Possible, and clients should be as verbose as possible with the reason for the request. Obviously if there are extremely personal reasons involved, we respect your privacy, so we only ask that you give us as much information as you are comfortable giving so that we may submit the request to an owner for approval.

 

Acceptable Use Policy:

use of the service outside of it's intended design, or in illegal activities will result in immediate termination of the service and account without the possibility of a refund.

These are common sense items and there should be no need to print them here. If you are unsure of something, or have a question as to the base items, please feel free to contact us in the Support Center for clarification.

 

Terms of Service Acceptance:

Clients acknowledge that by placing an order with HBH they are stating that they have read, agree to, and are bound by the guidelines and stipulations of this TOS. If you do not agree to, or understand these terms, do not place an order with HBH.

 

 

Created: 01 Jan 2008

 

Please remember we expect you to contact us in the Support Center and ask us, if you have any questions regarding anything in this document or how it relates to your service with us.