Term of Services

HostBrew, LLC - Terms of Services

Last updated: September 10, 2016

All services provided by HostBrew ("HostBrew, LLC") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to copyrighted material, material HostBrew may determine to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless HostBrew from any claims resulting from the use of service which damages the subscriber, end user or any other party. All terms below, including HostBrew Acceptable use Policy and Privacy Statement, shall control for all services provided by HostBrew whether oral or written with the exception of contract Managed Services.

Traffic Usage All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $.25 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 MB - 1 GB will be treated and billed as the same.
Server Abuse Any attempt to undermine or cause harm to a server or subscriber of HostBrew is strictly prohibited. As our subscriber, you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be terminated without refund.
Refusal of Service We reserve the right to refuse, suspend or terminate service, at our sole discretion.
Billing By the Account Activation Date of the customers recurring term, HostBrew shall debit the subscriber’s credit card or PayPal account (when such information has been provided by the client). HostBrew will deliver an invoice by electronic email prior to debiting the consumer's account for recurring services. HostBrew shall be entitled to immediately suspend this agreement for client's failure to make timely payments. All credit cards and PayPal account are billed automatically. It is the client's responsibility to ensure that they have sufficient funds to cover recurring transaction. In the event that insufficient funds, we will send an e-mail notification, at which point a payment must be made within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended. If a promotion is used, it is only valid for the terms of the promotion. If a promotion is recurring service must remain active for the promotion to continue. If payment if not made by the due date the rate will return to the current web price at that time.
Service Fees Certain services carry a setup fee charged by HostBrew to the client, which must be paid by client in order to have use of said services. If client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to HostBrew and agrees to pay any and all fees incurred by client. Because the services are provided on a recurring basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination.
Money Back Guarantee We offer a 10 day, no questions asked, money back guarantee with the exception of bandwidth overages and licensing, including but not limited to, WHMCS, CloudLinux, cPanel, Plesk, Windows, Domain Name Registration or Transfers and SSL Certificates. If a request for a port 25 exception is declined this will forfeit you from receiving a refund. NOTICE: Fail to comply with our AUP and/or these Terms of Service will forfeit you from receiving a refund. Promotional rates and long-term discounts are eligible for our 10 day Money back guarantee.
Cancellation & Refund Policy We do refund partial fees to accounts with the exception of bandwidth overages, promotion rate (see below), long term discounts (see below) and licensing, including but not limited to, CloudLinux, cPanel, Plesk, Windows and SSL Certificates. Unmanaged dedicated servers are ineligible for our Refund Policy. If a promotion was used during checkout the site rate of the service will be prorated and charged for services already rendered, the remainder would equal the return. Example; A product costing $37.50 per month after a 25% off Promotional Code, the site price would be $50 per month. In this example, there are 20 days left in a month with 30 days. The 20 days will be charged the prorate site rate. A refund of $4.17 would be credited. Long term discounts are not eligible for a refund. We offer long term options, including but not limited to, 3 months, 6 months, 1 year, 2 year, 3-year payment options. If a long-term discount was applied, the site rate of the service will be prorated and charged for services already rendered, the remainder would equal the return. NOTICE Fail to comply with our AUP and/or our Terms of Service will forfeit you from receiving a refund.
Account Deactivations Any account suspended due to non-payment will require a reactivation fee of $10.00 prior to reactivation.
Refusal of Service We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability HostBrew, LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from HostBrew, LLC servers going off-line or being unavailable for any reason whatsoever. Furthermore, HostBrew, LLC shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of HostBrew, LLC servers. All damages shall be limited to the immediate termination of service.
Violations Violations of HostBrews Acceptable Use Policies should be referred to abuse@hostbrew.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Disclaimer HostBrew cannot be held liable for system downtime, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by HostBrew are resold. Thus, certain equipment, routing, software and programming used by HostBrew are not directly owned or written by HostBrew. Moreover, HostBrew holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic termination of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as HostBrew sees fit.
Account Activation By activating your account with HostBrew, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
Server Uptime Guarantee HostBrew guarantees 99.9% service uptime on all services. Should we fail to deliver for any given calendar month, your account by request will be credited a pro-rated amount for the duration of excessive downtime. Scheduled maintenance is not consider as downtime within the maintenance time frame.

HostBrew reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification. Any active recurring plans rates will not change unless notified.

Fee Schedule - All Services
  • Bandwidth Overages - $.50 per GB
  • Out of Scope Support - $125/Hr per 15 min
  • Professional Services (PS Work) - $125/Hr per 15 min
  • Late Payment 5 days past-due - $10
Fee Schedule - Dedicated Servers & Colocation
  • OS Re-Install (BMC; IPMI, iDRAC or iLo provide free of charge) - $40
  • Remote Hands (Unless HostBrew hardware) - $125/Hr per 15 min
  • Late Cancelation; less than 6 days notice - $50
Fee Schedule - VPS & Shared Hosting Services
  • None