Terms Of Service
Important Legal Agreements
The use of services provided by HOSTFACTOR is subject to the following Terms and Conditions. This document describes the service that is offered, charges for the service, and actions that are prohibited.
HOSTFACTOR is hosting service and will be referred as: "Provider" or "HOSTFACTOR".
As Our Customer and user of the Site or Services, this Agreement and Terms of services will refer and will apply to You (Client, Customer, Subscriber, you, your etc)
The Customer represents and warrants that, if an individual, Customer is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Customer is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Further, Customer represents and warrants all information provided by Customer to HOSTFACTOR has been and is complete, accurate, and current, and that Customer shall continue to provide complete, accurate and current information to HOSTFACTOR in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Customers of paid services offered through HOSTFACTOR must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor's behalf. By doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.
The Provider does not accept anonymous Customers. All Customer information must be complete, accurate, and current. Customers that deliberately provide false name and/or address information will find their accounts terminated immediately. No refund will be provided.
The Provider is entitled to ask for a scanned or photographed official identification document that is issued by the Customer's government and certifies Customer's identify and/or a utility bill issued in the Customer's name. This may be requested by the Provider in order to perform fraud and security checks.
The Customer is fully responsible for securing his hosting account and ensuring that this agreement is not broken by any third party with or without his knowledge or consent.
2. SOFTWARE LICENSE AND RIGHTS
If, and to the extent that the Customer requires use of the Provider's software in order to use the services, HOSTFACTOR grants to the Customer a royalty-free, world-wide, non-transferable, non-exclusive license to use the Provider's software in object code form only. The Customer has the right to authorize employees, agents, and third party consultants and contractors to use the Provider's software as aforesaid provided that such use is consistent with the terms of this agreement.
Save as expressly set out herein, this agreement does not:
- Transfer or grant to the Customer any right, title, interest or intellectual property rights in the Provider's software;
- Transfer or grant to the Provider any right, title, interest or intellectual property rights in the Customer's content.
The Customer agrees not to personally, or through any parent, subsidiary, affiliate, agent or other third party:
- copy the Provider's software except as expressly permitted under this agreement or by law;
- sell, lease, license or sublicense the Provider's software or the documentation connected with it; or
- use any confidential information of the Provider.
3. IP ADDRESSES
The Customer acknowledges no right, title, or interest in the IP address allocated to the Customer, and that any IP address allocated to the Customer is allocated as part of the services and is not portable or otherwise transferable by the Customer in any manner whatsoever. If an IP address is renumbered or reallocated by the Provider, the Provider shall use all reasonable endeavors to avoid any disruption to the Customer.
The Customer agrees to no right, title, or interest to the IP address upon termination of this agreement, and that the acquisition by the Customer of a new IP address for the Customer's VPS following termination of this agreement shall be the exclusive responsibility of the Customer.
4. SERVICE LEVEL AGREEMENT
The Provider provides Customers with 99.9% uptime excluding planned maintenance. Uptime is considered to be when the server you are hosted on is accessible via IP address. This Service Level Agreement (SLA) does not cover downtime due to mistakes on the Customer's behalf or due to account being suspended. In the event that this SLA is breached, HOSTFACTOR will refund up to 100% of the monthly fees at a rate of 10% of monthly fee for every 1% of downtime below 99.9%. Refund requests must be submitted through a ticket to the billing department.
This compensation will be deducted from the next invoices issued.
For the purposes of this agreement "downtime" means any service interruption of one minute or more in the availability to visitors of the Website pursuant to the Services, but only if the interruption is due to a default by the Provider resulting in power, network or hardware failure, but excluding software issues.
Outages, including emergency and previously scheduled windows for router switch or server maintenance, are not to be included in downtime calculations. The Provider shall make all commercially reasonable efforts to provide the Customer with email notification prior to all scheduled and emergency outages.
The Provider shall notify the Customer of any report of downtime, and investigate it using suitably qualified personnel, as soon as reasonably practicable after being made aware of it, and shall remedy the downtime as soon as reasonably practicable.
5. THE SERVICE
The virtual private servers are offered as unmanaged service. Provider obligations are limited to offering the Customer the virtual private server access and will not configure, secure, or do any software configuration on your virtual private server (VPS). Support is not offered for any software that will be offered by the Provider, nor for any software that the Customer may install.
- Contract duration
The Customer's contract with HOSTFACTOR lasts and renews for the length of the billing period. For example, if payment is monthly, the contract is for one (1) month. If payment is quarterly, the contact lasts three (3) months etc.
Subscribers are usually billed monthly, quarterly , semi annually, annually etc, in direct correlation with the contract period initially chosen when the services were ordered.
The Payment is due no later than 10 (ten) days past the invoice date. Payments are considered made only once they reach our bank account
Should late payment exceed two (2) days, the Provider reserves the right to levy a late fee on the Customer's account of 10%. Beyond five (5) days late, the Provider will suspend the Customer's virtual server. After fourteen (14) days, the Customer's virtual server will be terminated.
The Client must provide current, correct and complete information for billing purposes. It is solely the Customer's responsibility to keep the information up to date, complete and accurate. In case of failing to provide such updated information, the Client agrees that the billing and charging for ongoing services will continue under the information submitted in the Customer's billing account.
- VAT tax
The prices presented on HOSTFACTOR.com web site do not include taxes. Value added tax (VAT) of 19% applies for all orders made by Romanian Customers and for all European Union Customers that do not provide a valid VAT ID. For the rest of the countries, the VAT does not apply.
If the Client invoice is past due, the Provider may send up to 3 email notifications. If payments are not made within 10 days from issued invoice the Provider had the right to suspend the services and to terminate the contract. After the contract is terminated, the Provider may delete any of the Client's suspended machines without further notification. The suspension period it is not considered as downtime.
- Service security
It is exclusively the Customer's obligation to maintain and control passwords to the Customer's VPS system (s) and web site(s). The Customer is exclusively responsible for all activities that occur in connection with the Customer's user name, password, registered domain name(s); as well as any and all scripts or programs added to the account by the Customer or authorized users. HOSTFACTOR will not be liable for any loss or damages of any kind, under any legal theory, caused by Customer's failure to comply with the foregoing security obligations or caused by any person to whom Customer grants access to Customer's Services. Any programs or scripts are solely the Customer's responsibility to update and secure.
6. REFUND POLICY
All products are sold 'as is'. The Customer assumes the responsibility for the purchase, and no refunds will be issued. You may contact us if you wish to exchange your purchase for a product of equal or lesser, or we can credit your account with the value, within 30 days from the purchase date. If an item of lesser value is chosen there will be no refund for the additional amount.
If the hosting service has been used for sending bulk email and/or if our Terms and conditions have been violated, no refund will be provided.
7. FORCE MAJEURE
The Provider will not be liable for delays in its performance of the Terms and Conditions or HOSTFACTOR services caused by circumstances beyond HOSTFACTOR' reasonable control, including: acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). HOSTFACTOR will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of Customers for the payment of money due. Any waiver, modification, or amendment of any provision of the Terms and Conditions or other agreement for HOSTFACTOR services, initiated by a Customer, will be effective only if accepted in writing and signed by an authorized representative of HOSTFACTOR.
8. GOVERNING LOW OF THE AGREEMENT
The Terms and Conditions, and any other agreement for HOSTFACTOR services, will be governed by and construed in accordance with the laws of Romania without reference to its conflicts of laws principles. Any litigation or arbitration between a Customer and HOSTFACTOR will take place in Romania. The Customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the Terms and Conditions or other HOSTFACTOR agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the Terms and Conditions or the agreement will continue in full force and effect.
9. ACCEPTABLE USE POLICY
The Customer shall NOT use the services or the servers provided by the Provider to:
- send unsolicited commercial or bulk email to any party for any reason which may or may not result in a complaint. Any Customer desiring to send bulk email is required to contact us first, describe the nature of the email messages, and wait for our approval. Customer accounts that are sending bulk email without our approval will be terminated immediately. No refund will be provided.
- access or attempt to access a computer or network resource that the Customer is not authorized to access.
- distribute, link to, or make available in any way to any party intellectual property that requires some method of authorization to sell or distribute, which the Customer does not have.
- store, transmit, create, or examine any pictures, realistic or not, of humans, anthropomorphic depictions of human-like creatures, or images suggesting humans that are under the age of 18 years in an either implied or actual pornographic picture.
- forge email headers or TCP/IP packet headers or engage in spoofing.
- distribute worms, viruses, or Trojans.
- violate export controls on any software or intellectual property.
- access IRC. IRC access, IRC robots ("bots" or "clones"), IRC scripts, IRC eggdrops are completely forbidden.
- commit or attempt to commit any denial of service attack against any computer, network, or individual.
- use any peer-to-peer programs.
- perform any form of network flood, DOS, (D)DOS or network attack of other internet machines.
- abuse the storage disk(s), input/output operations or other kind of resource.
- abuse other Customers' service level. If large number of input/output disk operations are performed or other kind of resource abuse that is affecting other Customers' service level, The Provider is entitled to suspend the Customer's service.
- access war bots/X-DCC. War bots/X-DCC are not allowed.
- attempt to run shell hosting companies from the Provider's service.
- run TOR, tor relays or other related software.
- run torrent & related software. We do allow some exceptions, but please contact us first.
- run VPN for commerial use. We do allow vpn for personal use only.
If the Customer is (D)DOSsed, the Provider reserves the right to suspend that account to limit the attack. If the Customer is found to have caused the (D)DOS, that account may be suspended or cancelled and the Customer billed.
Abuse towards the Provider's staff in the form of verbal or other abuse that the Provider deems to be offensive may result in cancellation of the Customer's account.
No free hosting companies are allowed on the Provider's service due to the high risk of abuse by end Clients.
Proxies are tolerated for personal use only. Should they cause issue, HOSTFACTOR has the right to suspend them and inform the Customer of the need to upgrade or move the proxy.
The Provider does not monitor, and will have no liability for the contents of, or any communications transmitted by virtue of the services. Notwithstanding the aforesaid, the Provider reserves the right to withdraw the service without compensation to the Customer in the event of a breach of the Acceptable Use Policy. Any such breach shall be treated as a fundamental breach of contract.
10. UNLIMITED BANDWIDTH
HOSTFACTOR applies a policy of common sense and fair usage, giving you the freedom of use on our 100Mb/s infrastructure. However, you should consider reasonable usage as: 1000GB for Starter plan, 2000 for Basic, 3000 GB for Advanced, 5000 GB for Professional and 8000GB for Enterprise. That is a lot of bandwidth, considering that 300Gb bandwidth suitable for a website that receives 10 million hits! However, we do not punish legitimate website owners, this is just to announce to the 1% of people who want to try and run free porn affiliate sites or anime video trading forums or host pirated rips or tor.
11. BACKUP POLICY
The Provider does not make any backups of the Customers' data. It is the Customer's responsibility to backup data. The Provider does not accept any liability for any Customer data whether being lost due to Customer failure to backup data. This includes the event of hardware failures or any other reason for data being lost.
We may collect and receive information about users of our Site and/or Services from sources, including:
- through your user account on the services
- when you register on our website;
- when your use our services; and
- from third party websites and services.
The Provider respects the privacy of every Customer, web site visitor, or responder to HOSTFACTOR interactive advertisements or e-mail. The information that collected by the Provider will be used according to the law. HOSTFACTOR may collect Customer information for processing Customer order, providing the service or improvement of Provider service.
Our site uses an order form for customers to request services, the Provider will not share the data of Customers and web site visitors with any third party. Contact information from the order form is used to get in touch with the customer. Billing information that you provide is used only for billing purposes. Unique identifiers and the demographic and profile data are collected from visitors to properly verify the user's identity. Information is also used for fraud detection, service improvement and customer analytics.
Our website has in place highly security measures to protect the loss, misuse, and alteration of the information under our control. We use SSL encryption to ensure Client's privacy. Information collected on this site is strictly for our use, will not share the data of Customers and web site visitors with any third party.
13. Exclusion of third party rights
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement (Terms and Conditions) and no person other than the parties to this agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties.
14. DMCA Policy
HOSTFACTOR complies with the U.S. Digital Millennium Copyright Act (DMCA), respects the intellectual property rights of third parties and expects its Customers to act in the same manner.
If any notification of copyright infringement from third party is received, HOSTFACTOR will notify its Client of the alleged infringement within maximum 48 hours and acts to disable or remove the subject material. HOSTFACTOR reserves the right at any time to disable access to, or remove any material accessible on/from its servers, that is claimed to be infringing via a valid DMCA Notice. The affected customer may submit a counter-notification is he believes that the notice is false or erroneous.
All the notification of infringement from third party should be sent on email at firstname.lastname@example.org and should include:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner which expressly claims an exclusive right that is allegedly being infringed.
- Specific identification of the copyrighted work which you are alleging to have been infringed. If you are alleging infringement of multiple copyrighted works with a single notification you must submit a representative list which specifically identifies each of the works that you allege are being infringed.
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material)
- Contact information so that we can reach you (for example, your address, telephone number, email address);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please also note that under applicable law, 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
15. Limitation of Liability
In no event will VIRONO and its managers, directors, employees, suppliers or content providers, be liable to you or any third party for any exemplary, incidental, indirect, compensatory, consequential, special or punitive damages, including any lost profits, data loss, arising from your use of the services, websites or other user content or materials accessed or downloaded through the services, even if HOSTFACTOR is aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, HOSTFACTOR's liability to you or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to HOSTFACTOR for the services in the three months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
The Provider reserves the right to terminate Customer account, and any future business relation with the Customer, effective immediately, at any time, with or without notice, for any suitable reason including but not limited to as a result of the Customer violation of any of these Terms of Service or any Romanian or international law, or if the Customer misuses system resources by utilizing programs or software that consume excessive network capacity, CPU, RAM, disk etc.
After the termination of the contract, the Provider has the right to delete and destroy any information associated with the Customer's Account.
The Customer may terminate the service at any time by giving at least two days' notice by contacting the Provider via email. All cancelations are processed in up to two days, all the invoices issued must be paid.
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