Terms, Conditions and AUP

Internet and Software Services Limited
Le Quesne Chambers
9 Burrard Street
St Helier

To better serve our customers and offer a more reliable and FASTEST possible environment, HOSTONY has developed this acceptable use policy to define the types of behavior that will not be permitted HOSTONY's network. Please report any known violations to abuse@hostony.com

HOSTONY 's general policy is to act as a provider of Internet presence. HOSTONY reserves the right to suspend, cancel or terminate any customer's access to any or all services provided by HOSTONY when we decide that the account has been inappropriately used. HOSTONY defines what is inappropriate and reserves the right to immediate action to suspend or cancel any account or access when abuse is affecting other customers, and without warning when needed.
HOSTONY reserves the right to update or change this AUP agreement at its sole discretion, as well as any products/offers published or advertised on our site. To avoid any possible misunderstandings, we encourage you to check the AUP section from time to time for possible changes in our policy.

Refund Policy.

If you are not 100% satisfied with your purchase, within 30 days from the purchase date, we will fully refund the cost of your order.

Privacy Policy.

This policy covers how we use your personal information. We take your privacy seriously and will take all measures to protect your personal information. Any personal information received will only be used to fulfill your order, and may be used for internal analytical purposes. We will not sell or redistribute your information to anyone.

Service Availability/Excused Performances

We will do our best to provide qualitative service 24 hours a day, 7 days a week as long as your hosting account is paid-up and you do not abuse our servers. We would like to let you know beforehand that there appear situations when the service becomes partially or completely unreachable. Unfortunately, due to the nature of Internet and web hosting in particular, it is impossible to avoid fortuitous unavailability of service. Hardware/software failures, systematic or unexpected maintenance, network or power supply issues, DDOS attacks and other malicious activities may sometimes occur. In any case, we will always take the necessary precautions in order to avoid or at least minimize possible service interruption/unavailability.
HOSTONY shall not be responsible for any delay resulting directly or indirectly from natural disasters such as fire, shortages of facilities, acts of civil or military authority, catastrophes, or any other circumstances beyond HOSTONY's reasonable control. In case this happens, the customers will have to make arrangements with HOSTONY to defer the service to a mutually agreed date and time.

An outline of Specific Acceptable Use Policies follows below:

1. Content.

All possible services provided by HOSTONY may be used for lawful purposes only. The term "lawful" does not include: copyrighted material, materials we judge to be threatening or obscene, pornography or materials protected by trade secret and other statute.

The customer agrees to indemnify and hold HOSTONY inculpable from any claims resulting from the use of the service that damages the subscriber or any other party.
Examples of unacceptable materials or links:
Pirated Software
Warez sites
Live Chats
IRC Chats
Hate Sites
Unlicenced Mp3 files
Hack Programs, scripts and archives

HOSTONY will act as the sole arbiter as to what constitutes a violation of this condition. HOSTONY will fully co-operate with the law enforcement in dealing with unlawful activities performed on our network. HOSTONY reserves the right to cancel CUSTOMER's account without notice for malicious and repeated violations of our AUP agreement.

2. Unauthorized Use of Credit Cards, Accounts or Computers.

Any unauthorized use of credit cards, accounts or computers by a HOSTONY customer, whether or not the attacked account or computer belongs to HOSTONY, will result in immediate action against the attacker. Possible actions include warnings, account suspension or cancellation, civil or criminal legal action, depending on the seriousness of the attack. HOSTONY will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, carders and so on.

3. Chat Rooms.

We do not allow clients to install their own chat rooms without first having the installation approved by the HOSTONY Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option on shared/reseller servers.

4. CGI-based message boards.

We do not allow usage of CGI-based message board scripts (like UBB, UB2K, 360forum, etc. ), since such scripts on busy sites cause high CPU and memory loads and at a high load can cause server downtime. Please consider using php based bulleting boards like Vbulleting, phpBB, XMB, Burning board, etc. instead. These php-based and MySQL-based message boards cause much lighter load to the server.

5. Background Running Programs (Processes)

Customer is not allowed to run any background processes on our servers, without first contacting HOSTONY Support Team for approval. In case the customer's background processes are overloading HOSTONY servers, they will be disabled by HOSTONY followed by an e-mail notification or in critical situations, without it. These restrictions are applicable to all hosting packages/plans HOSTONY provides, excluding virtual private servers (VPS) and dedicated servers.

6. IRC.

We currently do not allow IRC or IRC bots to be operated on our servers unless you have a special written permission from a HOSTONY system administrator.

7. Resource Usage.

No system in the world has unlimited resources, and we expect you to act responsibly when consuming resources on our system. If you consume unnecessary and excessive resources on our system we may suspend your access at any time without prior notice to correct the situation.

   7.1. Users may not initiate the following on our servers:
- Run any process that requires more than 16 Mb of memory space, more than 30 CPU seconds, or consume more than 5% of all available system resources at any time.
- Run any type of interactive real-time chat applications as they consume much server resources. Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point of time on the server. This includes any and all daemons, proxy servers and anonymizers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.

   7.2. We also encourage our customers to use server space more efficiently and link all files to HTML pages. As HOSTONY provides web hosting services all our servers are built to provide effective web interaction and server communication; we are not associated with storage hosting and do not allow using servers as a file storage. If a customer is unveiled to use servers for file storage purposes, Customer will be contacted to remove the materials under dispute. HOSTONY representatives will try to offer some alternative ways out of this situation, hoping for Customer's cooperation regarding this.

   7.3. HOSTONY offers various types of web hosting like shared hosting, reseller hosting, VPS hosting, dedicated server hosting, etc. For each product group special hardware and special software is used. CUSTOMER is not allowed to use his hosting account inappropriately, e.g. use a shared hosting account for reselling purposes instead of purchasing a reseller plan.

8. Price change.

HOSTONY reserves the right to change the price of any services/plans provided by HOSTONY at any time with a 30 days' notification prior to the price changes. Contract pricing customers will not be affected by any price change throughout the contract period.

9. Sales/Technical Support.

For any technical questions we encourage you to contact our technical support team via email at support@hostony.com or by means of live chat. Sales and pre-sales support is available via live chat 24/7 and at sales@hostony.com as well.

10. Back-up.

As the servers are connected to the Internet constantly, the server content is vulnerable to hacker attacks, viruses and other adverse effects. For these and many other reasons, customers may lose the whole content of their servers. We back-up our servers on a daily basis. HOSTONY will not be liable for data loss even if backups were created. We will restore your account on your request, however, we encourage you to generate your own backups and save them locally for security reasons. The backup system is fully automated and there is no way to guarantee that a particular file or piece of data will be backed-up at the specific time. We do not account for incomplete backups and render no compensation for non-current data contained in the backups.

11. Bandwidth/Traffic Usage.

All plans have a set allotment of Bandwidth available for use. Any bandwidth usage that is over the limit of the monthly allotment will be charged according to the terms that are set forth in the order form.
Unused bandwidth may not roll over to the following month. We do not allow using our services for download purposes (incuding file/image storage and warez). A customer's hosting account with bandwidth or disk usage consisting mainly of downloads will be suspended. If you are not sure about some type of content you would like to host on your HOSTONY hosting account, you can always ask the sales/support department about that. 12. Email.   12a. Limits for electronic mail messages.
To better protect our customers from spam, we have set the following restrictions: a client may not exceed the limit of 200 emails sent within an hour. Any messages exceeding this limit will be discarded. In case of ignoring this condition and repeated attempts to send mail over the limit metioned above a client's account will be suspended with or without a prior notice.

  12b.Spamming and mail bombing is strictly prohibited. Any customer who uses our servers for spamming/mail bombing will have his account terminated immediately. All fees and pre-paid services will not be refunded. HOSTONY will act as the sole arbiter as to what constitutes a violation of this condition.

13. Domain Name Services. Registration, Expiration of Domain Names

  13a. As a part of the hosting plans, domain registration service can be obtained. Please review our domain registration agreement and uniform domain name dispute resolution policy set forth by ICANN. It is the customer's responsibility to check these agreements on a regular basis.

  13b. Expiration and Renewal of Domain Names Though the domain registration/renewal process is fully automated, we can't guarantee that your domain name will always be renewed on time. You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. HOSTONY denies the responsibility to follow every other domain name's expiration date and encourages customers to remind their domain registration dates and follow them to avoid any misunderstandings in future. Redemption Grace Period (RGP) occurs, when a domain name is not renewed automatically and is sent to redemption list. For a period of approximately 30 days after expiration of the term of domain name registration services, we may provide a procedure by which the expired domain name may be renewed. RGP typically ends between 30 and 42 days after the end of the reactivation period of the domain name services.The typical RGP fee is $260 plus any registration fees.

  13c. HOSTONY will on occasion register a domain name for a customer as part of the service rendered. In case a client has a free domain registered with HOSTONY, the domain name remains the customer's property and is renewed by customer's payment next years. This means that we only provide free domain registration for our customers and don't provide free domain renewals.

14. Server Abuse.

Any customers found to abuse our servers will have their accounts immediately suspended. Any account that excessively uses the server resources may be temporarily stopped to provide optimal server resources for other clients. If any account is found to be affecting server performance for a prolonged period of time, it may be disabled. We recommend moving such sites to virtual dedicated or dedicated hosting plans where there are more options and less restrictions.

15. Network Security.

Violation of Network System such as, but not limited to, unauthorized access, or trying to breach network security is prohibited. Any time a security breach is detected, the involved Server will be immediately shut down. Our technicians will immediately investigate the situation. Customer is responsible for any misuse of his account, even in case the misuse was committed by a third party (your relative, friend, business partner, etc.) For your own security, try to minimize the circle of acquaintance having access to your account password. We strongly recommend you not to keep the same passwords for too long, change them at least once in two months for security reasons.

16. Billing information updates.

Customers are responsible for updating their contact information, for instance billing information, address change, credit card change, etc. You agree to inform HOSTONY regarding any changes as far as your account information is concerned.

17. Recurring Billing.

We will only send out invoices and monthly statements by request. A small fee might apply for monthly invoices. We will send out an e-mail when we have successfully billed your credit card. All credit cards are billed automatically every month. If for any reason your credit card charges are denied, we will notify you about that. It is the customer's duty to ensure that his credit card information is up-to-date. 2checkout.com is an authorized Credit card processor for HOSTONY and charges for services provided on your credit card will appear as 2checkout.com. Any accounts that are past due after 15 days will be deactivated. If a customer does not pay for his account for 30 days or more and ignores billing reminders and rejects phone calls, he mutually agrees that his access to the server will be terminated within 24 hours after the last e-mail reminder.

18. Fees and Payments

The customer agrees to pay regularly according to the product/plan he has ordered in the order form submission. All fees are due in advance. We will not activate any account that is not yet paid in advance. Customer support fees are billed on an hourly rate and should be prepaid.

19. Cancellation.

If for any reason you are not satisfied with HOSTONY's service, you may cancel your account at any time by writing to billing@hostony.com. There is no reimbursement and no pro-rate if the customer decides to terminate the services before the end of a prepaid term, regardless of the reason for the termination. HOSTONY can terminate this agreement at the end of a billing period, with a 15 days notice. If you don't send a cancellation request 15 days prior to the end of your billing cycle, your credit card will be charged for a new cycle. HOSTONY will not refund the setup fee for the cancellation of any accounts. Cancellation of contract payments is subject to one-month fee of contract agreement. HOSTONY reserves the right to cancel any account on its own discretion without prior note including, but not limited to, the case when a customer was unreachable or his (her) actions did much harm to the server performance.

20. Waiving the Service.

We reserve the right to refuse, cancel, or suspend customers access to our service at our sole discretion. Resellers as well as their CLIENTS are all bound by this Acceptable Usage Policy. Resellers should not make policy or any kind of agreement for their clients that would contradict to our Acceptible Use Policy.

21. Resellers' relationship to HOSTONY.

All resellers are independent contractors that have no tie with HOSTONY. No relationship other than to allow the reseller to sell HOSTONY service is intended. On the other side, resellers and their customers are to comply with our Acceptable Use Policy.

22. Indemnification.

The customer agrees that he or she shall not hold HOSTONY liable to the customer for any claims, liabilities, losses, costs, damages, expenses, including attorney fees and court costs that arise from any judgments directly or are indirectly created by the services of HOSTONY.

23. Corporate Identity.

Customer agrees not to:
   * seek to purchase or register any keywords, search terms or other identifiers that include the words "Hostony"as well as Hostony's product and/or names as "Starter", "Enterprise", "VPSSuper" etc. or variations thereof (for example "Hostoni", "VPS-Super", etc.) ("Proprietary Terms") for use in any search engine, portal, sponsored advertising service or other search or referral service without prior approval with Hostony.

   * use incorporate keyword text into meta tags or websites or by using other search engine optimization techniques utilizing Proprietary Terms without prior approval with Hostony.

Hostony do not grant any license to use the graphic images and/or text, which may include Hostony's names, logos, trademarks, service marks (collectively, "Marks"). Except as expressly set forth in this Agreement or permitted by applicable law, one will not copy, distribute, modify, reverse engineer, or create derivative works from, the Marks. One may not sublicense, assign or transfer any such licenses, and any attempt at such sublicense, assignment, or transfer is void. One must follow Hostony's trademarks, corporate identity guidelines, as those guidelines may change from time to time. Any use of Hostony's Marks and/or Proprietary Terms on one's Site(s) must be approved by Hostony prior to publishing.

24. Limited Liability.

We provide 99.9% uptime guarantee. HOSTONY shall not be liable under any circumstances for any damages the customer's businesses may suffer for any reason, even if HOSTONY has been advised of the possibility of such damages. If a problem occurs that is within HOSTONY's control, we will issue credits based on the length of the downtime according to the customer's service plan. As the Internet is unpredictable, customers are aware that Network availability is not guaranteed to be 100%. HOSTONY shall not be liable for any claims resulting from the corruption or deletion, of any website or data in HOSTONY 's servers.

25. Complaints.

All complaints will be investigated promptly. In the event that an account is being investigated, HOSTONY reserves the right to suspend, restrict or terminate the account(s) in question. We will deactivate the customer's account(s) if in case they(it) violate(s) our AUP agreement. Please report violations to: abuse@hostony.com

26. Policy change.

HOSTONY reserves the right to make changes to this Acceptable Use Policy at any time without any notification. Changes to our Acceptable Use Policy take effect immediately upon being posted on our website. You acknowledge that it is your responsibility to follow the possible policy changes on our website at http://hostony.com/terms.html.

27. Entire Agreement.

This Agreement supersedes all prior and current, oral or written understandings and agreements between HOSTONY and the customer involved. Any prior statements that are not written in this agreement, even if they are promised orally or written are deemed void. Customers hereby acknowledge and will abide by all the rules set forth in this agreement.
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