This Web Hosting Agreement is between Hosting House and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
Hosting House undertakes to provide the services indicated for the price agreed upon at the time of purchase.
All customers are responsible for monitoring their storage space and the bandwidth used each month. Customers who exceed the limit of their account will receive an email with the option to update their account or reduce the archive or storage space. If customers continue to exceed the resources, we will do all we can to solve the problem. If customers register an account and cancel it within the first month, they will still be charged for the entire first month.
Notification of payment for renewal of services is sent by email three days before the effective renewal date in your account. All accounts are set up on an advance payment basis. If the payment of the services provided is not received within 7 days, a commission of € 5 will be added and Hosting House reserves the right to suspend the account with related services. Hosting House reserves the right to change prices at any time. Our currency for web services is EURO. YOUR billing cycle corresponds to the duration of the contract chosen at the time of configuration. Your account will be renewed automatically unless cancellation is requested.
Hosting House reserves the right to cancel your account if it does not comply with our terms of service.
Cancellation and Early Termination
The user can request the withdrawal from the services purchased after having paid when due to hosting House and by requesting by email a month before the expiry of the services purchased.
Any attempt to weaken or cause damage to a server or client of the hosting house is strictly prohibited. The hosting house will react energetically to any use or attempt to use an Internet account or computer without the owner's permission. Such attempts include "Scamming Internet" (fool other people in releasing their passwords), password theft, security scanning, etc. .. p>
Any unauthorized use of an account or computer by the user, regardless of whether the account or the attached computer belongs to hosting house, will result in an action against you. Possible actions include warnings, suspension or cancellation of the account, as well as civil or criminal legal actions, depending on the severity of the attack.
IMPORTANT NOTE - Hosting House has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
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 Hosting House to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Disk Space Abuse
The Hosting House will be the sole arbiter as to what constitutes a violation of this provision. You are reponsable for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your Your Company client account.
The intention of Hosting House is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. The Hosting House will be the sole arbiter as to what constitutes a violation of this provision.
Customers agree to use our services based on the Acceptable Usage Policy which is incorporated herein with this agreement. Customers accept that Hosting House reserves the right to change its AUP at any time to meet the standards and laws of web hosting. The Client agrees to cooperate with the Hosting House to investigate any suspected violation of the AUP.
Customer represents and warrants to Hosting House that the information he, she or it has provided and will provide to Hosting House for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Hosting House that he or she is at least 18 years of age. Hosting House may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ('SPAM') are not allowed in e-mail, and will likely result in account cancelation. Hosting House takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ('mail bombing'); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through Hosting House ('spamvertising'), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
TECHNICAL SUPPORT BOUNDARIES
Hosting House provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies We do our best to help with scripts, templates and programing languages. However, under no circumstances is Hosting House obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
The Client agrees to indemnify and hold the Hosting House, its affiliates and all their respective officers, directors, agents and employees harmless from and against any claim, request, liability, obligation, loss, damage, penalties, fines, damage penalties, amounts in interest, expenses and disbursements of any kind and nature (including legal fees) to third parties for any legal liability arising from or related to the actual or alleged use of services in violation of the law or AUP by the Customer or any person who uses the Customer's login information, regardless of whether that person has been authorized to use the services themselves by the Customer.
THE CUSTOMER ACKNOWLEDGES TO INDEMNIFY AND EXLUDE THE HOSTING HOUSE AGAINST THE RESPONSIBILITIES ARISING FROM: p>
(1) ANY PREJUDICE FOR PERSON OR PROPERTY CAUSED BY ANY PRODUCT SOLD OR DISTRIBUTED WITH THE HOSTING HOUSE SERVER.
(2) ANY MATERIAL PROVIDED IN VIOLATION OF PROPRIETARY RIGHTS TO THIRD PARTIES (3) VIOLATION OF COPYRIGHT AND
(4) ANY DEFECTIVE PRODUCT SOLD TO THE CUSTOMER FROM THE SERVER OF THE HOSTING HOUSE. P>
Disclaimer of Warranties
The hosting company does not guarantee or declare that the services will be uninterrupted, error free or completely secure. To the extent permitted by law, the Company disclaims all warranties, including implied warranties.
Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Hosting House and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
Suspension of Services/Termination
Customer agrees that Hosting House may suspend services to Customer without notice and without liability if: (i) Hosting House reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Hosting House reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Hosting House reasonable reinstatement fee if service is Hosting House following a suspension of service under this subsection.
The Contract can be terminated by the Customer before the expiration or any Renewal Term without further notice and without responsibility if the hosting house fails substantially to provide the service in accordance with the terms of the Contract. The Agreement may be terminated by the hosting house before the expiration or any Renewal Term without further notice and without liability as follows: (i) with five (5) day's notice if the Client is late on payment of any amount due in based on the agreement; (ii) the Customer materially violates any other provision of the Contract, including the AUP, and fails to remedy the breach within thirty (30) days of the written notice from the hosting company that describes the violation in a reasonable manner; (iii) within one (1) day of notice if Customer Service is used in violation of an AUP material clause more than once, or (iv) with notice of (1) days if Customer breaches Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement with five (5) days notice if the other party admits insolvency, makes a transfer for the benefit of its creditors, declares bankruptcy, is unable to pay the debts as due.
In case of violation of our terms of service / policy of use, we reserve the right to cancel any service upon attempt to resolve the problem. However, in extreme cases such as an account containing child pornography, we reserve the right to cancel services without notice. We do not refund any accounts that violate our terms of service / usage policy. For example, if we delete your hosting account during your first month for copyright infringement, we will not reimburse you for the first month. This is to prevent people signing up for our services with the intention of violating our terms.
Request For Customer Information
Customer agrees that Your Company may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Your Company believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy
The Customer agrees to autonomously provide for the creation and storage of backup copies of their data excluding the obligation of the hosting company to provide backup services.
Changes to the Hosting House network
Updates and other changes in the Company's network, including but not limited to changes to software, hardware, and service providers may affect the display or operation of content and / or applications hosted by Customer. The Hosting House reserves the right to modify its network in its commercially reasonable discretion, and the hosting house will not be liable for any damage resulting to the Customer.
Communications to the Hosting House must be sent by e-mail to the e-mail address published for customer support. Communications to the Customer are sent by e-mail to the person named as the main Customer Contact on the Order. The notices are considered received on the day transmitted or, if that day is not a business day, the first business day following the day of delivery. The Customer can change his address, his or her communication with a notice given in accordance with this Section.
The Hosting House can not be held in breach of any obligation under the Contract if the interruption of services is attributable to any event beyond the control of the Company, including, by way of example, the interruption of the electricity grid, blocking the network Internet, natural disasters, wars, riots, insurrections, epidemics, strikes or other organized actions, terrorist activities or other events of a scale or type for which precautions are generally not taken in the sector.
For any controversy deriving from this agreement, according to the law in force, the jurisdiction of the Court of Palermo is appropriate. For anything not expressly provided for in this contract, the provisions of the law in force in the contractual field apply.
Each party acknowledges and agrees that the other party maintains exclusive ownership and rights over its trademarks, service marks, trade secrets, inventions, copyrights and other intellectual property. No party may use the name or trademark of the other party without the prior written consent of the other party. The parties understand that their relationship is that of independent contractors and not a partnership, a joint venture or an employer / employee. Neither side will represent itself as the agent of the other. Each party recognizes that it has no power or authority to bind the other on any agreement and that it will not represent to anyone that has such power or authority. This agreement may only be amended by a written agreement signed by both parties. Terms on the Customer's purchase order or other business forms are not binding on the Company, unless expressly incorporated into a formal written agreement signed by both parties. The failure or delay of a party in enforcing any provision of the Contract will not be considered a waiver of the rights of that party in connection with such provision or any other provision of the Contract. The waiver of a party to any of its rights under the Contract is not a waiver of any of its other rights with respect to a previous, contemporary or future event of a similar or lesser nature. The following provisions will survive the expiration or termination of the Contract: commissions, indemnities, provisions limiting liability and guarantees of exclusion, provisions relating to intellectual property, these various provisions and other provisions which, by their nature, are intended to survive termination of the contract. . There are no third-party beneficiaries for the agreement. Neither the insurers nor the customers of the dealers are third party beneficiaries of the Contract. The Client can not transfer the Contract without the prior written consent of the Company. The approval of the Company for assignment is subject to the fact that the assignee meets the credit approval criteria of the Company. The Hosting House may cede the agreement in whole or in part. This Agreement, together with the Order and the AUP, constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes any prior understanding or communication, whether written or oral.
All files stored on Hosting House servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
CANCELATION OF SERVICE
The Hosting house reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Your Company if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU.
PROMOTIONAL RATES & SPECIAL OFFERS
The hosting house may offer additional promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for your services. Any promotion or modification will not affect YOUR obligations under this Agreement. Promotional rates may be subject to additional terms and conditions which, in so far as they conflict with the terms of this Agreement, govern. The different promotional rates and special offers can not be combined together.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to the user through Hosting House services may be subject to protection based on copyright laws or laws that protect trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, you must not use your company or its servers and the network in such a way as to violate, or appropriate such rights, in connection with any material you access or receive via the network company. If you use a domain name in connection with your company or a similar service, you must not use this domain name in violation of any trademark, service mark or similar rights of third parties.
Customers may not use the Hosting House network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Your Company will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
(i) grant to Hosting House a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Your Company under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.
IP ADDRESS OWNERSHIP
The Hosting House will maintain and control the ownership of all IP numbers and addresses that may be assigned. The Hosting House also reserves the right, in its sole discretion, to change or remove all numbers and IP addresses.
DOMAIN NAME REGISTRATION
The user agrees to pay the Hosting House before the effective registration of the domain name, according to the amount indicated in the table of prices for the initial registration of the domain name and for subsequent renewals. All rates are non-refundable, even if the registration of your domain name is suspended, canceled or transferred before the end of the current registration term. The Company reserves the right to change renewal fees or to set up new commissions at any time, in its sole discretion. The requested domain name will not be registered until the payment has been made and confirmed by emailing the Hosting House to the email address indicated during the registration request. In the event of a chargeback by a credit card company (or other similar action by another payment company authorized by the Company) in connection with the payments of the registration fee of your domain name, the user accepts that domain name registration is transferred to Hosting House as the paying entity for that registration. We reserve all rights to this domain name including, by way of example, the right to make the domain name available to third parties for purchase. Hosting House will restore the registration of your domain name exclusively at the discretion of your company, and will be subject to our receipt of the initial registration or renewal fee and to our current reinstatement fee.
Transfer domain registrar to Your Company
The user agrees to pay the Hosting House before the effectiveness of the transfer request of the desired domain name, according to the price table in force at the time of the request. The user accepts and acknowledges that if the transfer of the domain name fails, all the commissions will not be reimbursed, for the following reasons, but not limited to: p>
- No response from the registered name holder or administrative contact
- Domain name in Registered block status
- The domain name registration period expires or other constraints, except during the first 60 days of initial registration or during the first 60 days following the registrar's transfer p>
Hosting House reserves the right to change commissions, surcharges, renewal fees or to set up new commissions at any time, for any reason, in its sole discretion. The requested domain name will not be registered unless and until we receive the actual payment of the registration fee and we have confirmed the registration via email to the email address indicated in the registration application. In the event of a chargeback by a credit card company (or other similar action by another payment company authorized by the Company) in relation to payments of the registration fee of the domain name, the user accept that the registration of the domain name is transferred to the Hosting House as a paying entity for that registration and we reserve all rights relating to that domain name including, by way of example, the right to make the domain name available to third parties for the registration 'purchase. Your company will restore the registration of your domain name exclusively at the discretion of your company, and will be subject to our receipt of the initial registration or renewal fee and to our current reinstatement fee.
Domain transfer from the Hosting House
Your Company reserves all rights, without limitation, to refuse the request to transfer the domain name for the following reasons, but not only:
- No response from the registered name holder or administrative contact
- Domain name in Register blocking status and there is no request from the registered name holder or from the administrative contact to change status
- The domain name registration period expires in less than 60 days or more constraints, except during the first 60 days of initial registration or during the first 60 days following the transfer of the registrar
You agree and acknowledge that failure or successful transfer of a domain name will be your sole responsibility and the hosting company will not be held responsible for the failure of the transfer of a domain name for any reason.
Domain registrations are non-refundable. Please do not buy the domain name until you are sure it is exactly what you want to buy.
The Hosting House reserves the right to refuse the service to anyone. The user can use the server of the hosting house only for legal purposes and its services can not be used for illegal purposes or to support illegal activities. We reserve the right to cooperate with the legal authorities and / or third parties in the investigation of any suspected crime or tort. If something is not legal in europe, it is not allowed to store it on our servers. The transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but does not limit the material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization and obscene, defamatory material, constitutes an illegal threat or violates export control laws. Examples of unacceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hackers' programs or archives',' Copies of copyright-protected digital films (DIVX) 'and' Unlicensed MP3 '. The designation of any material as described above is left to the discretion of the Hosting House management.
If illegal content or use is found, the account will be suspended and / or terminated. You agree that the Hosting House can reveal all user information, including assigned IP numbers, account history, account usage, etc. To any law enforcement agent who submits a written request without further consent or notification.