These terms and conditions are the terms on which we provide the Service to you. They apply to us and to you. These terms supersede prior agreements.
These terms also apply to every user of the Service. It is a condition of your use of the Service that: 1. you comply with these terms and conditions; 2. you make every User aware of these terms and conditions; and 3. you ensure that every User complies with these terms and conditions.
CHANGES TO THESE TERMS AND CONDITIONS
These terms and conditions are subject to change as time goes by. We will give you notice of the change and you will then be obliged to comply with the new terms and conditions as amended or cease using the Service.
DURATION OF THIS AGREEMENT
This agreement commences on the date you sign up for the Service by: 1. Emailing your approval to host your website with Hostnox Internet Services and/or; 2. Signing and returning a purchase order to us.
This agreement continues until either party terminates by 14 days notice in writing to the other party. On termination or expiry of this agreement for any reason:1. our obligation to provide the Service to you ceases; 2. you must not attempt to use or access the Service after the date of termination; 3. each party’s rights and obligations accrued prior to termination are not affected; 4. we may delete all of your data from any storage media; and 5. clauses 7 and 9 continue.
2. Server / Network Maintenance. SCHEDULED MAINTENANCE
In order to keep our servers up to date, we perform scheduled maintenance to servers from time to time. We reserve the right to suspend access to the server during the time required for the scheduled maintenance.
We attempt to perform all scheduled maintenance at off-peak time. If the maintenance period is expected to last for more than 30 minutes and we will post a notice regarding the maintenance to its announce mail list.
Unscheduled maintenance may need to be performed. During this time the server may be off-line. In this case a notice regarding the maintenance will be posted after it is done.
3. Client Data and Data Backup UPLOADING CLIENT DATA
Except for intellectual property rights in the Client Data, Hostnox Internet Services will own all intellectual property rights created during the course of providing the Service.
Subject to this clause 3 and the Acceptable Use Policy, you and your Users may upload content that you wish to be part of your website, in the manner and form and at the times directed by Hostnox Internet Services from time to time.
You must ensure that all Client Data: 1. complies with any content standards set by Hostnox Internet Services from time to time; 2. complies with the Acceptable Use Policy; 3. complies with all Laws; and 4. does not infringe the intellectual property rights of any person.
Hostnox Internet Services may remove any Client Data it considers unsuitable.
It is your responsibility to maintain local copies of your web content and information. We performs daily, weekly and monthly backups and snapshots of all server data and daily incremental backup of all system and Client Data. However, we strongly recommend that all users keep their own recent copy of their sites for any unforeseen events. Backups are made for server restoration purposes only. In the event of equipment failure or data corruption, you should be prepared to re-upload your data to your account.
UPDATES OF WEBSITE SOFTWARE
From time to time, Hostnox Internet Services may provide updates to the website software used to run your website. It is your responsibility to update your website to the new version of the software. If you do not update to the new version of the software, then the security of your website and Client Data may be compromised.
4. Sub-domains and Account Rights. SUB-DOMAINS
The domain names (and all sub-domains of those domains) are provided by Hostnox Internet Services. We make no guarantee that:
1. you will be provided with a domain name or sub-domain; 2. any particular domain name is or will continue to be available for you to use; or 3. no domain name is or will be registered which conflicts with your preferred domain name or otherwise affects use of your domain name.
If any dispute arises in relation to a domain name provided by us, then the we may withhold, suspend or cancel the domain name.
We are not liable to you or any other person for any cost, loss or liability (including loss of profit or other consequential damage) arising or failure or delay in supplying these sub-domains.
At the time that you sign up for the Services, you must select a website hosting plan from those offered in your quotation. Each website hosting plan comes at a different cost, and offers a different level of service. The hosting plan you select will determine the:
1. disk space (web files, email and database); 2. maximum monthly level of traffic usage before incurring extra traffic costs; 3. number of domains, sub-domains and domain aliases; 4. mySQL databases; and 5. email mail lists,
that is included in the Services.
ACCESS TO ACCOUNT
Access to your account using the Service includes access to:
1. your website; and 2. File Access: files stored on the website/hosting account.
You can obtain access to your account through the username and password that we assign to you. It is your responsibility to maintain the confidentiality of your username, password and other account information.
TECHNICAL SUPPORT AND OTHER ADDITIONAL SERVICES
The Fees include the provision of normal web hosting and server maintenance services.
At your request, we may carry out Additional Services for you, for example:
1. technical support for application specific issues, such as PHP, html or script installation
You must pay for all Additional Services that you request at our then current Professional Rates.
SUSPENSION OR TERMINATION OF ACCOUNT
Any contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Hostnox Internet Services will accept termination by electronic mail or Through our ticketing system. Notwithstanding the above, Hostnox Internet Services may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Hostnox Internet Services reserves the right to charge a reinstatement fee.
We reserve the right to suspend your account, or terminate your account with immediate effect without notice, if:
1. we believe that your use of the Service may be in breach of any law; 2. we believe that you or a User has committed a breach of this agreement; 3. we believe that your use of the Service may compromise or have an adverse effect on our systems or networks; or 4. If we believe that your use of the Service may be in breach of any law, then we may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.
You agree that you will have no claim against Hostnox Internet Services in respect of any action reasonably taken by us under this clause 4, and you indemnify the Hostnox Internet Services against any claim by a User arising out of the same.
5. Payment BILLING & REFUNDS
Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
We DO NOT REFUND if the customer wishes to cancel Hostnox shared Web Hosting or Reseller Hosting services but we will add remaining funds in client's account for future purchases or renewals.
At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel.
Disputed charges ("chargebacks") associated with any Hostnox account may, at Hostnox's discretion, result in immediate and permanent disablement.
You must pay all Service charges, minimum charges and other amounts incurred by you or any User or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option you selected.
You are liable to pay the following fees:
1. the setup fee (if any) that we advise you of at the commencement of the agreement; 2. fees for Excess Traffic Usage (if any) for each month, and 3. fees for Excess Storage (if any) for each month, 4. fees for Additional Services (eg: domains, SSL Certificates etc. If any) that you request us to perform,
collectively, the Fees.
The hosting fees are charged annually one period in advance. The Fees are exclusive of any registration or delegation charges imposed by domain name authorities or your ISP. The fees for Excess Traffic Usage and Additional Services are charged at the end of the month for the previous month, unless other arrangements are made in writing with Hostnox Internet Services. At the time of purchase, the client will pay the setup fee (if applicable) and prepay a recurring amount for the selected hosting period. Charges for Excess Traffic Usage (web, ftp and mail) and Additional Services will be billed retrospectively, for the previous month.
CHANGES TO FEES
Our current Fees are set out in your quotation. They will apply to you for the duration of the billing period.
We reserve the right to change our Fees. If we change our Fees, then we will provide you with notice of the changed Fees through the Hostnox website, or email to clients. The new fees will apply from the date that your pre-paid billing period expires.
Hostnox shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Hostnox Internet Services's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
After your order, you will get a Proforma invoice for your service. After your peyment your invoice will be sent to you by our billing department within 10 days after your payment.
6. Limitations of Service
You acknowledge that, due to the inherent risks of the internet, and of computer-based networks and systems:
1. the services provided under this agreement will not be uninterrupted or error free; 2. the services may not meet your requirements; and 3. your data may not be secure or protected from loss or corruption, and data loss or corruption may occur due to delays, service interruptions or other reasons.
7. Limited Liability
Customer expressly agrees that use of Hostnox Internet Services's Server is at Customer's sole risk. Neither Hostnox Internet Services, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Hostnox Internet Services's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Hostnox Internet Services Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Hostnox Internet Services, its offices, agents or any one else involved in creating, producing or distributing Hostnox Internet Services's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Hostnox Internet Services Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Hostnox Internet Services's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Hostnox Internet Services's Server service.
Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
8. Governing Law
This agreement and the transactions contemplated by this agreement are governed by the law of Greece.
9. Acceptable Use Policy
PROHIBITED CONTENT AND ACTIVITIES
The following statements pertain to all products and services offered by Hostnox, including DreamCompute and DreamObjects:
Customer may only use Hostnox Internet Services's Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright or an appropriate license) on Hostnox Internet Services's Server. Also, using Hostnox's servers or network to conspire to commit or support the commission of illegal activities is forbidden as well.
Websites dedicated to the discussion of hacking activities or the distribution of hacking tools are prohibited. Also, the usage of Hostnox's computer systems or network to access any system, service, or network without the owner's consent is expressly forbidden.
Any activity which causes service interruptions to either Hostnox's network/servers or any outside network. This includes, but is not limited to, the execution of Denial of Service attacks or other maliciously configured software.
Anonymous proxies are easily abused and often cause a negative impact on both the servers and the network they are connected to. As such, they're prohibited on Hostnox's network and servers.
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Hostnox Internet Services's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Hostnox. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund. More details about our anti-spam policy can be found here
Personal Information Harvesting
Collecting or using email addresses, screen names or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting).
You agree that if the Hostnox IP numbers assigned to your account are listed on an abuse database or blacklist like Spamhaus, you will be in violation of this AUP, and Hostnox may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
FOREX, egold exchange, etc.
Usage of the Hostnox network to impersonate another person or entity, be it through Email, Internet Forums, or any other means, is strictly prohibited. This includes spoofing email or network packet headers whether or not it is done for malicious purposes.
Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called “Scraper sites.” These can all have a severely detrimental effect on server performance and are not permitted.
Any conduct that is likely to result in retaliation against Hostnox's network or website, or Hostnox's employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
With the exception of Hostnox Dedicated Server and Cloud Storage products, the customer agrees to make use of Hostnox Internet Services servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose.
Hostnox Internet Services services are not intended to be used for data backup or archiving purposes. For example, you are not allowed to import or store personal mail archives. Forwarding all emails from another fully-hosted email address for archival purposes is no longer allowed. Further, mail accounts cannot be used for file storage, such as for security cameras, storage of emails used to transfer files, etc.
NOTE: We reserve the right to delete your mail archives if they get out of hand!
We also reserve the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate of $1 per additional 10GB.
Shared Hosting Addendum
The following statements pertain exclusively to shared web hosting products and services offered by Hostnox.
PROHIBITED CONTENT AND ACTIVITIES Adult Thumbnail Galleries/Banner Exchanges
You agree not to run a banner exchange, free adult tgp (thumbnail gallery post), or free adult image galleries on your website.
Any script/process/etc that adversely affects the ability of any other customer to satisfactorily use their provided services is forbidden. This includes, but is not limited to, CPU-intensive CGI/PHP scripts and websites for which the scale of traffic has exceeded the acceptable limits of a shared hosting environment.
All IRC bots and “bouncers” (bnc, etc) are forbidden.
While we recognize the value in the BitTorrent protocol as a distribution method, it is far too easily (and often accidentally) abused/misused and therefore not allowed on Hostnox Shared Hosting services.
All proxy software, anonymous or otherwise, is forbidden on Hostnox Shared Hosting services.
Any process that opens a network socket to accept connections from external networks is forbidden. Processes are allowed to bind to the local host only, but are held to the limitations placed on all other processes. They must not use up more than their fair share of resources and they must not interfere with any other customers' activities.
Customer agrees that it shall defend, indemnify, save and hold Hostnox Internet Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Hostnox Internet Services, its agents, its customers, servants 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 Hostnox Internet Services against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Hostnox Internet Services's Server;