Terms of Service

Friday, 17th November 2017

Terms of Service


Hosty-Host provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Hosty-Host are subject to the following terms of service:


1.) Account Setup / Email on file


We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current and/or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it may be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.



2.) Content


All services provided by Hosty-Host may only be used for lawful purposes. The laws of the United States of America apply.


The customer agrees to indemnify and hold harmless Hosty-Host from any claims resulting from the use of our services.


Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please contact us with the information required.


Examples of unacceptable material on Shared, Storage, and domain include:


YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by your company name to be unacceptable use of our services including abuse of server resources.


We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.


Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.


If in doubt regarding the acceptability of your site or service, please contact us at support@hosty-host.net and we will be happy to assist you.


Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):


Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.


Violations will be reported to the appropriate law enforcement agency.


It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.


To generate passwords please login into cPanel and use the generator..



3.) Zero Tolerance Spam Policy


We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.


Hosty-Host reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Hosty-Host reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is entirely at the discretion of Hosty-Host. The cleanup fee will contain fee from damages to the servers, the process of cleaning the Spam up, and then a fee for all other costs associated at are discretion. A Mandatory fee will be a $1000.00 USD fee charge due to the Spam on Hosty-Host Networks.



4.) Backups and Data Loss


Your use of the service is at your sole risk. Hosty-Host is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Hosty-Host servers.



4a.) Shared Hosting - Backups and Data Loss


Hosty-Host provides Weekly backups, that are run on Sunday. Though this Hosty-Host is not responsible for any data lossed monday - saturday and you are still the sole responsible user to maintain a backup of your files and/data.



5.) Cancellations and Refunds


Hosty-Host reserves the right to cancel the account at any time with or without notice.


Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via a cancellation request. Hosty-Host gives you an unconditional 15 day money back guarantee on shared hosting. Refund requests after the initial 15 days will not be refunded.


Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.



5a.) Monthly, Quarterly, Semi-Annually, and Annually Payment plans


Monthly, Quarterly, Semi-Annually, and Annually Payment plans are only refundable on or before the 15th day of service. Monthly, Quarterly, Semi-Annually, and Annually Payment plans are NOT refundable after the 15th day of service. When paying through PayPal refunds will only contain the amount received to us after PayPal fee is deducted from the payment.



5b.) Account Credit Balance/ Hosty-Host Credit


Hosty-Host Credit also known as Account Credit Balance is not and will not be refunded under any circumstances. Please take full responsibility when adding credit to your account. Please also realize that the amount added to your account will be the amount Hosty-Host receives after PayPal and Google Checkout fees have been deducted.


Violations of the Terms of Service will waive the refund policy.



6.) Resource Usage


User may not:


a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them. f) Participate in any file-sharing/peer-to-peer activities g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")


Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.



7.) Bandwidth Usage


You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.



7a.) Money back Guarantee


Each of Hosty-Host 's managed Shared and Reseller Hosting servers carry a 15 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 15 days of your service, you will be given a full refund of the contract amount. Remember, this does not apply to administrative fees, install fees for custom software, or domain name purchases. Special Promotions may/may not apply to the 15 day unconditional money back guarantee; if purchasing a promotion please read the Terms of Servers (TOS) in the promotion and/or ad.


All clients who have purchased a domain through us will have the full price of the domain deducted from the refund. However, a client can request a domain control panel or the EPP code.



7b.) Uptime Guarantee


If your hosting server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Hosty-Host dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact us with justification. All requests must be made in writing via email.



8.) Shared Web Hosting Accounts


All Shared Hosting accounts may not resell web hosting to other people. You will need a Reseller Hosting Plan.



9.) Price Change


The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Hosty-Host.Net, and the right to increase the amount of resources given to plans at any time.



9a.) Indemnification


Customer agrees that it shall defend, indemnify, save and hold Hosty-Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Hosty-Host, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Hosty-Host against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hosty-Host; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Hosty-Host's server.



9b.) Arbitration


By using any Hosty-Host services, you agree to binding arbitration. If any disputes or claims arise against Hosty-Host or its subsidiaries, such disputes will be handled by an arbitrator of Hosty-Host's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.



10.) Disclosure to law enforcement


Hosty-Host may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.


We will cooperate fully with law enforcement agencies.



11.) Changes to the TOS


Hosty-Host reserves the right to revise its policies at any time without notice.



Billing:


At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 15 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).


Cancellations must be done in via the cancellation form provided in the client area. To get to this area please follow these directions: Client Area > My Hosting Packages > View Details > Request Cancellation. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.


As a client of Hosty-Host, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Hosty-Host provides a 5 days grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 5 days and not paid will result in a $3 late fee and/or an account suspension until account balance has been paid in full.


Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact us.


Hosty-Host reserves the right to change the monthly payment amount and any other charges at any time. Current Hosty-Host clients will never pay more for a monthly service than at the time of signup. This is void when signing up under a Promotion.



Late Payments:


All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 10 days after deactivation, your account will be terminated.



Acceptable Use Policy:


All services provided by Hosty-Host 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 we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Hosty-Host and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Hosty-Host servers. This includes sites that include sexually explicit or hardcore images and/or advertising.


Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.


Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.


Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.



LIMITATION OF LIABILITY:


Hosty-Host shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Hosty-Host servers going off-line or being unavailable for any reason whatsoever. Furthermore, Hosty-Host 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 Hosty-Host servers. All damages shall be limited to the immediate termination of service.



DISCLAIMER:


Hosty-Host cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Hosty-Host are resold. Thus, certain equipment, routing, software, and programming used by Hosty-Host are not directly owned or written by Hosty-Host. Moreover, Hosty-Host holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Hosty-Host sees fit. FURTHERMORE, Hosty-Host retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.



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