By signing up for our services the Customer certifies to be at least 18 years of age or at least of legal age for the countries, demanding a higher legal age by law, or that either their parent or legal guardian will act as the “Customer” in accordance with the terms of this contract.
Service Cancellation By the Customer
Any service provided by the Company can be cancelled by the Customer in accordance to the cancellation terms below. The cancellation becomes effective 5 business days after it has been received by the Company. If a renewal payment is billed by the Company after a cancellation request is received but before the cancellation becomes effective it will not be refunded.
Cancellation Policy for Shared Hosting Accounts
A Linux Shared hosting account can only be cancelled trough the Billing Section of the Customer Area. The cancellation request process includes initiating a cancellation request and confirmation of the cancellation request. A cancellation request is received by the Company only after it has been confirmed by the Customer. The cancellation becomes effective at the time chosen by the Customer during the cancellation process.
The Customer’s account will be suspended at the date when the cancellation becomes effective. The Customer is solely responsible for keeping a back-up copy of his/her files. Each cancelled account will be automatically terminated and deleted, and all of its backup copies, as well as any other information or data, associated with the account will be deleted from the Company’s servers after the cancellation has become effective. The Company cannot be held liable for loss of data due to account suspension or termination after the cancellation becomes effective.
Cancellation by the Company
The Company may also cancel any of its services, if the Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason, by giving the Customer as much prior notice as reasonably practicable.
Each Customer’s account will be suspended on its expiration date if no renewal payment is received by the Company before this date. The Customer is solely responsible for keeping a back-up copy of his/her files. Each cancelled account will be automatically terminated and deleted, and all of its backup copies, as well as any other information or data, associated with the account will be deleted from the Company’s servers after the cancellation has become effective. The Company cannot be held liable for loss of data due to account suspension or termination after the cancellation becomes effective.
An invoice for any service payment will be provided on Customer’s request either by the Company or its vendor, depending on who has processed the payment. The Company invoices are provided using the information of the person/organization, which has actually made the payment. The information in the invoice is filled exactly as it was submitted at the time when the service payment was made and no modifications of this information are possible.
The Customer understands and agrees that the services provided by the Company can be cancelled only by contacting the Company and in accordance with the “Service Cancellation by the Customer” terms. The Customer understands and agrees that the Company vendors can act only as an intermediary at the point of payment processing, but cannot be involved in any communication or be held liable by the customer in relation to a service provided by the Company.
If a payment is cancelled by the customer directly with a Company Vendor, the service provided by the company will be immediately terminated by the Company with no guarantees against data loss.
Actions that Cause Harm to The Company
The Customer is responsible not to engage in or to instigate actions that cause harm to the Company or other Customers. Such actions include, but are not limited to, actions resulting in blacklisting any of The Company IPs by any online spam database, actions resulting in DDOS attacks for any servers belonging to the Company, etc. Failure to comply with this policy may result in a penalty fee, warning, suspension or possible account termination with no refund. The Company has the right to decide in good faith which actions cause harm as well as the size of the penalty fee or the severity of any other corrective action to be applied. The decision of the Company in such case is binding and final, and cannot be a subject of a further change. The Company cannot and shall not be held liable for any loss or damage arising from Company’s measures against actions causing harm to the Company or any other third party.
Acceptable Use Policy
Customer should use all services provided by the Company for lawful purposes only. Customer agrees to maintain his/her website in full compliance with the terms listed below. If any part of the Customer’s account is found to violate the Acceptable use policy below, the Company may take immediate corrective actions including immediate suspension or deletion, from the Customer’s account without prior warning. Abuse of the acceptable use policy below may result in a warning, suspension or possible account termination with no refund.
By using any Services, provided by the Company:
- You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
- You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.
- You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- You agree not to make, attempt or allow any unauthorized access to the Company website, servers, your own hosting account or the account of any other customer of the Company.
- You agree not to allow any remote code execution of malicious software through the hosting account provided by the Company.
- You agree not to cause denial of service attacks, port scans or other endangering and invasive procedures against the Company servers and facilities or the servers and facilities of other network hosts or Internet users.
- You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including “spoofing”) to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames)
- You agree that you will not use the account provided by the Company for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music files, copyrighted video files, copyrighted software, etc.
You agree that you will not use the Company services to host any website, other content, links or advertisements of websites that:
- Infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
- Are with adult content, pornographic, obscene, unlawfully harassing, or connected with sex-related merchandising;
- Profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property;
- Contain Illegal or Hacking/Phreaking Software (Warez) – Any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
- Contain any kind of proxy server or other traffic relaying programs; Promote Money Making Schemes, Multi-level Marketing or similar activities;
- Contain Torrent trackers, Torrent Portals or similar software;
- Are with adult content, pornographic, obscene, unlawfully harassing, or connected with child abuse or sex-related merchandising; violent or encouraging violence;
Examples of unacceptable material on all Shared, Dedicated and VPS servers include: IRC Bots, Proxy Scripts, Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forum sites and or any other websites that distribute or link to warez content are strictly prohibited as well. The Company reserves the right to refuse service to anyone upon Company’s discretion. Any material that in Company’s judgment is either obscene or threatening is strictly prohibited and will be removed from Company’s servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund.
99.9% Server Uptime Guarantee
For annual downtime of more than 0.1% on the server(s), where the Customer’s website is hosted, the Customer will receive compensation if all the conditions below are met
- The Customer has used the Company hosting service for at least 12 months.
- The server(s), where the Customer hosting account is located, experiences a total downtime of more than 0.1% in a period of 12 months after the account activation or during any of the consecutive 12-month periods.
- The reason(s) for the server downtime occurrence(s) were NOT beyond the Company influences, which include but is not limited to: DOS attacks, Internet connectivity problems, electricity outage, hardware failure, software failure and force major events like fire, flood, other natural disasters and acts of God, labour disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment relative to the server uptime, etc.
- The Customer requests his/her compensation not later than 30 days after the 12 month period, in which there was a downtime bigger than 0.1%, has ended.
The Customer will be compensated with a credit equal to the fee he/she has paid for the hosting service pro rated by the number of hours in which the Service was interrupted because of the downtime. All credit requests must be sent with justification through email addressed to email@example.com.
The uptime of the server is determined as the uptime reported by the operating system and the Company shared server monitoring system. Third party monitoring reports may not be used for justification for a variety of reasons, including but not limited to the network capacity and transit ability of the source.
The Company cannot be held liable for any suffered loss or damages during or resulting from server or service downtime, irrespective of the cause, time and duration of the said downtime. The reason(s) for the server downtime occurrence(s) include but is not limited to: system maintenance, DOS attacks, Internet connectivity problems, electricity outage, hardware failure, human error, software failure and force major events like fire, flood, other natural disasters and acts of God, labour disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment relative to the server uptime, etc.
The Customer understands and agrees with the fact that the Company does not control and is not responsible for the content of data, scripts, or other information passing through the Company’s host computers, network hubs and points of presence on the Internet. The Company cannot be liable for the content of any data transferred or stored by any customer or customer’s customers via the services provided by the Company.
The Company Services are provided on an as is, as available basis and are used on the Customer’s own risk. No warranties related to the Company services are made, including but not limited to warranties of merchantability or fitness for a particular purpose. The Company makes no warranties that its services will not be interrupted or will be error free. The Company does not guarantee that any specific results can be obtained by using its services. No kind of advice or information, written or oral, given by a Company’s employee, owner or agent can be viewed as a warranty of any kind. The Customer understands and agrees that the Company cannot compensate the Customer with a value exceeding the total price the Customer has paid for the Company services.
The Company reserves the right at its sole discretion to refuse or cancel service. Violation of any of the Company’s Terms could result in a warning, suspension, or account termination.
The terms of the Disclaimer section shall survive any termination of this agreement.
LIMITATION OF LIABILITY
THE CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY AND ITS AFFILIATES, COBRANDERS, OR OTHER PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS,SHALL NOT BE LIABLE,UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICE OR THE SOFTWARE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (vi) ANY GOOD OR SERVICE OFFERED OR SOLD THROUGH THE SERVICE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE.
THE COMPANY’S LIABILITY TO THE CUSTOMER SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY THE CUSTOMER TO THE COMPANY OVER THE COURSE OF THE EXISTING TERM. THE COMPANY’S LIABILITY TO THE CUSTOMER FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION SHALL AS WELL NOT EXCEED THE LIMIT OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS). THE CUSTOMER ACKNOWLEDGES THAT THE COMPANY HAS SET ITS PRICES IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE CUSTOMER AGREES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE CUSTOMER.
IMPORTANT NOTICE – Last Updated 30/07/2014
Please Send all Inquiries, Complaints or Reports to: firstname.lastname@example.org