Usage of HostMist.com (referred to as Host Mist or HM) web hosting services, is constituted by your agreement to these terms.

I. Service Signup
Upon signing up, your order will be processed upon passing of fraud checks. You are required to provide a valid e-mail address to be used for sending you important notices / and /or documents (invoices, support ticket updates, abuse complaints, etc.). We will not spam you with advertisements nor will we sell any of your information off to third parties. All information is secured and encrypted in our database for your protection! We will not be able to retrieve lost passwords. If you lost your password for cPanel you can submit a ticket to have it reset. Not valid e-mail addresses will result in acocunt suspension!

II. Service Description and NO Warranties of Service
Host Mist provides web hosting services through either shared accounts, virtual private servers (VPS), or dedicated servers that are leased out. Our services are used to store data, more specifically "Web Sites", in order to transmit data or information "World Wide". Host Mist actively denies and rejects responsibility for any of the data sent out.

While Host Mist attempts to bring you the highest quality hosting service possible, Host Mist has no warranties of service expressed or implied, including that made for a particular purpose. Host Mist is unable to guarantee the intergrity of any data stored or transmitted VIA the internet or through our systems.Host Mist is not liable for any claims of damage by the customre, including, but not limited to, damage of loss of every nature, caused by the loss of data, or through the inability to connect to the internet, or through the inability to send and recieve data. This includes but not limited to, the hacking of your webiste, deletion of your account due to software faults, etc. You are soley responsible for making your own backups so that this can be prevented. Backups can be obtained through cPanel's self backup service.

III. Account Transfers
All account transfers through cPanel (depending on size) will be done, upon request, by submitting a ticket to our support department which will need to include the account details of the server (we ask you change your password prior to giving out information). We will try our best to ensure a smooth transition, however since every hosting company is different, there may be some transfers where it will be impossible to transfer. Host Mist will attempt in all ways possible to transfer your site(s).
All transfers must be done within 20 days to ensure speed. Any requests after 20 days will be
charged a one time fee of $8.95.
Dedicated Servers do not qualify for this transfer offer.

IV. Indeminfication
Customer shall Indemnify and hold harmless from all demands including, liabilities, costs, claims, liabilities, attorney fees against Host Mist, its parent company Wabuf Team, or any of its affiliates, resellers, other customers, etc. This means that the Customer will not hold us responsible for any liabilities arrising out of any injurry to people or damage done to property caused by our services, material supplied by Customer who infringes or allegedly infringing to a third party. Host Mist is not
required to compensate or refund by any means. All of our refunds are handled on a case by case basis.
DEDICATED SERVER LEASEES DO NOT QUALIFY FOR ANY REFUND.

V. Billing and Service Fees
For Shared Hosting:
Host Mist will bill you according to the timeframe you signed up with (Monthly, Quarterly, Yearly, etc.). You will be billed on the 1st of every month and upon ordering you will be pro-rated to the 1st of the month. If you order after the 25th the next month will automatically be charged with the 5 days. We will make every attempt to contact you which includes sending automatically generated invoice e-mails to remind you that you have outstanding balance to be paid.

All refund requests MUST be submitted by the 25th day of your period to guarantee that your refund is processed prior to your account date. Be sure to backup your data so that you are ready to move. Please note you are encouraged to submit a ticket telling us why you are unsatisified and seeing how we can work together.

All accounts not paid within 15 days after the due date will be suspended. A late fee will be assesed for accounts which are late by more than 15 days. After 15 days and on up to 30 days, your account will remain suspended and you will be allowed to get backups during this time. After 30 days your data is considered to already been taken, therefore granting us the right to terminate your account and you will still owe any late fees assessed durning this. You must cancel properly.
Disputes through PayPal or any other payment gateway will result in a non-refundable $25 dispute fee
You MUST submit a ticket for a refund no exceptions!


For Virtual Private Servers:
VPS plans are billed monthly. You will have 5 days after the due date to pay or your VPS will be suspended. Once your VPS reaches 15 days past the due date, the VPS will be terminated and all backups will be gone. All pending invoices will then be turned over to a third party collections agency along with any legal fees and collection agency fees added to your pending invoice. If you cannot pay be sure to let us know ahead of time so that a solution can be worked out. There are NO REFUNDS on Virtual Private Servers.

Disputes through PayPal or any other payment gateway will result in a non-refundable $25 dispute fee


For Dedicated Servers:
Dedicated servers are billed monthly. You will have up to 5 days after your due date prior to the server being suspended.
Once the server is suspended, there will be a non-refundable $30 fee to reconnect the server. After 10 days, the server will be
terminated and all data will be lost.
All pending invoices will be turned over to a third party collections agency along with any legal fees and collection agency fees added to your pending invoice. There are NO REFUNDS on Dedicated Servers.

Disputes through PayPal or any other payment gateway will result in a non-refundable $25 dispute fee


VI. Refunds Policy
Host Mist guarantees all shared hosting services by up to 30 days. Providing you did not violate our Terms your refund will be generally processed within 5 days of the request. We will not refund if your bandwidth has been exceeded or if your account is currently suspended / terminated due to a breach of our terms. We do not refund for the following:

- Dedicated IPs
- Setup Fees
- Overages
- Late Fees
- Other addons, etc.

Dedicated Servers and VPSes do not qualify for refunds. We will not refund if you have canceled your account before and have
re-activated or purchased a service.

VII. Cancellations
You must cancel your account within 5 days (or 10 days for VPSes and Dedicated Servers), of the scheduled billing date. In order to cancel, ALL prior balances MUST be paid to close the account. You will be requested to submit information for your security. Any outstanding debt after 30 days will result in account termination and amounts owed will handed over to a third party collections agency.ANY ABUSE TO ANY OF OUR STAFF WILL RESULT IN SUSPENSION / TERMINATION!! Be nice so we can help you better.

VIII. Content Restrictions / Acceptable Usage Policy
For Shared Hosting:
Customers are allowed to use up to 10% of the total CPU and RAM resources for no more than 90 seconds
if problem continually occurs, customer will be contacted VIA e-mail and account may be suspended if necessary.
Customers are NOT ALLOWD TO:
- Run stand alone scripts such as IRCD
- Run any Internet Relay Chat software (IRC)
- Run any bittorrent software including trackers, clients, etc.
- Do any filesharing / P2P activities
- Run any game server application (unless on a cPGS or TCAdmin designated server)
- Run cronjobs less than 15 minutes
- Illegal Adult Content (child pornography etc.)
- Rapidleech scripts
- Topsite scripts
- Proxy scripts
- Wares Hosting
- Hack sites /etc.
- File Hosting (Includes Image Hosting)
- Services used to spam (Auto Termination and fine of $50 for any massmailer scripts found)
- Have anything else that may seem illegal / or breaks the laws of the states of Washington, New Jersey, or the United States.

For Dedicated Servers and VPS:
Customers are NOT ALLOWED TO:
- Host Warez - Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files
- Host IRC Servers
- Mass Mailing (Of Any Kind whether legal or not. Fine of $100 assessed for spam complaints arrising out of
-- newsgroups / mass mailing spam)
- Abuse Host Mist or other servers / sites within the network. (Fine of $200 per abuse).
- Have anything else illegal / or breaks the laws of the states of Washington, Texas, Georgia, or the United States.

IX. Uptime SLA Agreement
The Uptime Service Level Agreement (Uptime SLA) is currently set at 99.9%. Any downtime occuring will result
in a credit to your account for the amount of time down (not more than the total value of your account).
Things excluded in this Uptime SLA includes, site hackings, downtime due to customer faults, hiccups in
Apache or other such services which result in less than 10 minutes of downtime. We will notify you of all
scheduled maintence at least 1 week in advance.

X. Abuse Complaints
All Abuse complaints must be responded to with in 24 hours. Failure to reply will result
in either action taken on your behalf or suspension. Host Mist reserves the right to remove content not adhering to local, state or
federal laws.

XI. Terms May Change at Any Time
These terms of service may change at any time. It is up to the customer to check upon these terms whenever
necessary. We will attempt to notify you if major changes do happen to occur that would affect you.
Terms last updated on July 5th, 2010