Terms & Condtions
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Hop Networks is herein referred to as Hop Networks or HH.
Hop Networks is fully committed to making your web hosting experiences smooth and hassle free as possible. To accomplish this, we have implemented policies and procedures to;
* Protect You, the our customers.
* Protect Us, Hop Networks, your Provider.
* Keep overhead at a minimum.
* Make clear all services in advance.
TERMS OF SERVICE
Shared CPanel
VPS Xen & HyperV
Dedicated
Self Management: Management contracts are available however, generally, all servers are self managed - support if needed will be billed at $40 /hr in 15 min increments. Two 10 min courtesy support sessions are allowed per month. These do not include logging into your server but will garuantee access to your server. One complimentary OS reload will be given per month. Additional reloads within a single month are billed at $65. If your actions result in an accidental powerdown, you will be billed time and travel required to reboot your server.
Bandwidth
Billing
Overages .07/per GB or 22/Mbit
1.0.0: Aceptible Use Policy
1.1.1:Illegal activities are strictly prohibited. Illegal or questionable activity will result in immediate termination of services.
1.1.2: NO SPAM - PERIOD.
1.1.3: Be smart. Do not use graphics, files, or other content of that is not yours without express permission. To do so is copyright infringement, it's illegal and you will get busted.
1.1.4: Collection of user data without their knowledge is illegal and will cause termination of your service. No exceptions.
1.1.5: Virus distribution and communicating code or instructions for virus creation or distribution is prohibited and will result in termination of services.
1.1.6: Everything going on with your servers is your respnsibility. Third party activity on your servers is YOUR responsibity. Third parties must adhere to Hop Network's TOS and AUP.
1.1.7:Maintenance and support will NOT include services for problems arising out of tampering, modification, alteration, or addition to the Hardware or Software, which is undertaken by 3rd parties. Likewise, issues which occure from software programs or hardware supplied by the Client will not be supported or maintained by HH.
The Client will document and promptly report to HH any errors or malfunctions of the Services, Hardware or Software.
1.1.8: Security of your servers is up to you. Damages caused as a result of breach of your server's security will be billed to you.
1.1.9: IRC services or IRC-related services are permitted only if they do not connect to EFnet and/or Undernet. This includes, but is not limited to: “IRCd servers,” “eggdrops,” “bots,” and “bouncers.” The purpose of this restriction is to prevent attacks on HH::VPS service due to malicious activity that has been known to occur on the IRC networks EFnet and Undernet. In the event of an issue occuring from IRC based services we reserve the right to restrict IRC to any client at any time without warning
1.1.10: Abuse Complaints will be addressed within 48 hours. All complaints related to network misuse – including email abuse – are to be sent to abuse@hosthop.com
2.0.0: BILLING & PAYMENTS
2.1.1:The Customer agrees to pay fees for Services provided by HH according to payment schedule. HH schedule of fees that are effective on the date of this Agreement or as they may be amended by HH as changes occure. All fees for services are NON-REFUNABLE.
2.1.2:An initial payment is required before any set-up work is carried out. HH invoices for regular payments monthly in advance, unless otherwise agreed in writing.
The price for the Service covers Bandwidth as stated in the Schedule. If the Client exceeds this limit then HH reserves the right to charge additional fees for usage above the limit at its then prevailing charge rate. HH will make every effort to let the Client know if bandwidth use exceeds the agreed level, however it is the Client’s responsibility to monitor the bandwidth being used by it from time to time using the Control Panel.
2.1.3:All prices quoted to the Client for the provision of services by HH are exclusive of any value added tax (VAT) for which the Client may be additionally liable at the applicable rate. Where the Services are purchased with a monthly payment plan comprising a set up fee, this fee is payable immediately. Where a long term contract is purchased, the set up fee is included within the total payment.
2.1.4: The price and all other amounts due under the Schedule shall be paid by the Client by the due date as specified in HH invoice. Failure to pay after 7 (seven) days 5% late penatly applies. After 10 days, service is suspended. A $25 fee will apply for reconnection of service. After 20 days the service and data will be terminated and any past due amounts will be due either according to term or contract. Timely of payment shall be of the essence. Payment shall only be deemed received by HH upon receipt of cleared funds. Payment shall be made in full without any abatement, set off or deduction on any grounds. HH reserves the right to suspend the Services in case of late payment. Any action by HH of its right to suspend the Services in the case of late payment shall be without prejudice to any other of its rights under this agreement. Notwithstanding suspension of the Services by HH the Client shall continue to pay the price for the Services in accordance with the terms of this Agreement until this Agreement is terminated in accordance with the terms of this Agreement. HH reserves the right to send overdue accounts to a debt collection agency. All charges involved in the collection of overdue accounts will be payable by the Client.
2.1.5: 95TH PERCENTILE BILLING - For HOP NETWORK'S clients that are billed at the 95th percentile, depending on their bandwidth needs:
"Ninety-Fifth Percentile means that you they pay as they use the bandwidth with the advantage of spiking large amounts of traffic without fear of being billed overage. We will usually take one reading every 5 minutes, generating an average traffic amount over a given five minute duration. At the end of the month, the numbers are sequentially listed from highest to lowest. If there are 100 readings, the top five percent will be discarded, and the 95th reading will be the measure of the level of bandwidth used and billed. Of course, there are much more than 100 samples (about 8,640 per month), so we remove the top five percent leaving the 95th percentile. The amount of samples removed per month on average usually equals 36 hours of unbilled traffic."
SERVICE LEVEL AGGREEMENT 99.8% UPTIME.
Service Commitment
HH is commited to providing a level of excellence in line with the best industry practices. Network uptime and server availability are of primary concern in our mission. The following service levels are designed to assure Customers of ultimate performance and maximum uptime.
“Network Downtime” is defined as an inability to transmit and receive data caused by failure of network equipment managed by HH , including managed switches, routers, and cabling but excluding Maintenance"
Maintenance
“Maintenance” means Scheduled Maintenance or Emergency Maintenance.
“Scheduled Maintenance” means any maintenance in HH may upgrade, replace, modify, discontinue, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide Customers with the Provider's services. Certain changes to the Provider's services may affect the operation of Customers' personalized applications and content. Each Customer is solely responsible for, and HH is not liable for, any and all such personalized applications and content, except as expressly agreed to by the Provider.
Digital Millennium Copyright Act (DMCA) Policy
HH is compliant with all applicable regulations regarding intellectual property, including DMCA. Please note: HH is not responsible for the websites of our customers; therefore, if you feel your rights have been infringed upon by a customer of HH you should take your complaint directly to the offending party rather than to HH. Infringements falling under DMCA should be reported to HH following the procedures outlined in our DMCA policy found here (LINK TO FULL POLICY).
Privacy
IP Policy
It is Hop Network's policy to respond to notices of alleged intellectual property infringement according to the procedures protecting carriers in the Digital Millennium Copyright Act (see the full Act at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. Our procedures for handling all Intellectual Property infringement claims, including regarding Trademarks, Copyrights, Patents, Privacy Rights and other matters are outlined in th efollowing points;
Hop Networks IS NOT RESPONSIBLE FOR CUSTOMER CONTENT. We do not facilitate, implimemt or manage content. We do not have physical access to it. if you have a complaint about content, you should take your case directly to the offending party, not to Hop Networks. If you cannot reach agreement with the offending party, you will need to involve the courts.
Registering a complaint
Please follow the instructions below (under "Infringement Notification") to notify Hop Networks of an infringement. We will atttempt to contact the owner or administrator of each affected server via the Email address that we have on file for them and via the Email address provided in the complaint so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. It is our policy to document all notices of alleged infringement.
Dispute resolution
Hop Networks cannot judge Infringement Notifications nor Counter Notifications. In the event of both a validly submitted Infringement Notification and a validly submitted Counter Notification, we will notify both parties of the circumstances via the Email addresses provided and wait for judicial orders.
Infringement Notification
To file a notice of infringement with us, you must provide a written communication via regular mail (not by email, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringes your rights. Accordingly, if you are not sure whether certain material of yours is protected by the law, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
1. Explain and detail the material that you believe has been infringed, including any URL’s, file names or other identification. For example, "Copyrighted work at issue is the text that appears on www.soandso.com." If some but not all material on any given web page allegedly infringes your rights, please specifically identify that material.
2. Explain the reason the material in item #1 above infringes upon your rights.
3. Provide valid, up to date information (email preferred)so that Hop Networks may contact you.
4. Provide valid, up to date information (email preferred) so that Hop Networks may notify the owner/administrator of the server that allegedly contains infringing material.
5. Include the following statement: "I have a good faith belief that use of the materials described above is not authorized by the owner, its agent, or the law." Please, we must get this exact language.
6. Include the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the intellectual property owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper. We must receive the original hard-copy signature.
8. Send the written communication to the following address:
Hop Networks, LLC
Attn: DMCA Infringement Notification
2900 Florida Blvd., Ste 221
Delray Beach, FL 33401

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