Terms of Use

This Web Hosting Agreement is between Hostiya 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.

Terms Of Service ________ Last Revision: 27-07-2024
Hostiya agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs unlike many other web hosting companies.

Terms
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce storage. If customers continue to go over, we will do everything possible to fix the problem. We do hold the right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month, they will still be charged for the full first month.

Payments
Customers agree to potentially having to submit to fraud checking measures, designed for both the security of the customer as well as the security of Hostiya. The fraud checks require a scanned copy of the Credit Card Authorization Form by Hostiya, a front side screenshot of the Credit Card used as payment, as well as a valid scanned copy of recent photo ID (Passport/Driving License/Student ID). We may ask for Payment Verification if payment is done by Credit/Debit Cards and Payza. If payment is made from unverified PayPal accounts, we may ask for verification documents as well.

All annual payments are non-refundable once the 30-day money-back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.

Refunds
Only all hosting services rendered by Hostiya are eligible for a limited refund. Refund covers the Hosting service plan itself and does not include any other services such as SSL certificate, domain registration, etc. Refunds are only offered within 15-days of account registration and only apply to the first service of a new client. Additional orders are not eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy. Services that are suspended or terminated due to non-compliance of the AUP and TOS are not eligible for refunds. Refunds will be applicable for valid reasons only which can’t be solved by us. If you do misbehave with the Support Team (over Chat/Ticket/Phone/Email) that will also waive the refund policy.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Hostiya is strictly prohibited.

Hostiya 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 theft, security hole scanning, etc.

Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Hostiya, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE – Hostiya 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 a 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 Hostiya 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 they include 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 Policy
Hostiya reserves the right to determine what constitutes a violation of this provision. Customers are responsible for monitoring their disk space usage. If additional disk space is required, customers can contact our staff for assistance. Hosting plans can also be upgraded from within the Hostiya client account.

Bandwidth Usage
The primary purpose of Hostiya’s bandwidth is to transfer web documents, not to serve as an offsite storage facility for electronic files. Should a customer violate this condition, they will receive a notification and have 48 hours to resolve the issue. Failure to do so will result in billing for the overages.

Bandwidth usage will remain unmonitored until the allotted quota for the specific plan is reached. Hostiya will be the sole judge of what constitutes a breach of this provision.

Acceptable Use Policy (AUP)
Customers agree to abide by our services under the Refund Policy, which is hereby incorporated into this agreement. Hostiya reserves the right to modify the AUP at any time to align with web hosting standards and laws. Amendments to the AUP become effective upon Hostiya’s notice to the customer or the commencement of any Renewal Term following the amendment. Customers agree to cooperate with Hostiya’s reasonable investigations of suspected AUP violations. In the event of a dispute, Hostiya’s interpretation of the AUP shall prevail.

Customer Information
Customers attest that the information provided to Hostiya for establishing and maintaining the service is accurate. If the customer is an individual, they confirm they are at least 18 years old. Hostiya may rely on instructions from the Primary Customer Contact until receiving written notice of a change.

Unsolicited Email & Spamming
Sending unsolicited commercial advertisements (“SPAM”) via email is prohibited and may result in account termination. Hostiya maintains a zero-tolerance policy towards SPAM originating from its servers or advertising SPAM of domains hosted within its network. Accounts found in violation may be deleted.

Prohibited activities include SPAM, forging or altering email headers, mail bombing, spamming newsgroups, and harassing or intimidating others via email. SPAM-related activities conducted through another provider to promote a website hosted by or through Hostiya are also prohibited.

99.99% Uptime Guarantee
Coverage: This uptime guarantee applies to customers in good financial standing with Hostiya during a service outage.

Service Level Agreement (SLA) & Specifications: Hostiya aims to make website content accessible via HTTP 99.99% of the time. Downtime is defined as 100% packet loss from Hostiya to its backbone providers, lasting beyond 10 minutes after notification of network failure. Credits for downtime apply according to predefined thresholds, up to a maximum of 50% of the monthly service charge for the affected month.

Credits are not provided for outages resulting from scheduled maintenance, customer behavior, circumstances beyond Hostiya’s control, or violations of the Terms & Conditions and AUP causing system failures.

Technical Support Policy
Hostiya provides technical support limited to our area of expertise. This includes assistance, troubleshooting, and debugging related to our cPanel control panel interface, servers within our jurisdiction, and other hosting-related issues.

While we endeavor to assist with scripts, templates, and programming languages, Hostiya is not obligated to aid in the installation of new application modules, templates, or programming languages. Additionally, we do not provide assistance for errors resulting from modifications made by customers.

CGI Scripts
Each shared web hosting account includes its own CGI-BIN directory. Customers are free to utilize any CGI scripts of their choice. However, Hostiya reserves the right to disable any CGI script that affects the normal operation of the shared server without prior notice.

Indemnification
Customers agree to indemnify and hold harmless Hostiya, its affiliates, and their respective officers, directors, agents, and employees from any claims, liabilities, losses, damages, expenses, and legal fees arising from the use of customer services in violation of applicable law or the AUP by the customer or any individual using the customer’s login information.

Customers agree to defend, indemnify, and hold harmless Hostiya against liabilities arising from:

1. Injury to person or property caused by products sold or distributed in connection with Hostiya’s server.
2. Material supplied by the customer infringing on the proprietary rights of a third party.
3. Copyright infringement.
4. Defective products sold to the customer from Hostiya’s server.

Disclaimer of Warranties
Hostiya does not guarantee uninterrupted, error-free, or completely secure services. To the extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All services are provided on an “As Is” basis.

Limitation of Damages
Neither party shall be liable to the other for lost profits or any indirect, special, incidental, consequential, or punitive damages arising from the agreement, even if advised of the possibility of such damages. The maximum aggregate liability of Hostiya under any legal theory shall not exceed the amount payable by the customer for three months of service.

Suspension of Services/Termination
Hostiya may suspend services without notice if we reasonably believe they are being used in violation of the AUP or to protect our network or customers. The agreement may be terminated by either party for various reasons, including non-payment, material violations, or insolvency.

Requests for Customer Information
Hostiya may report suspected illegal conduct to authorities and provide information in response to formal requests from law enforcement or regulatory agencies.

Backup Copy
Customers are responsible for maintaining current copies of all hosted content.

Requests for Restore of Hosting Package
Customers are entitled to one free restore during any service term. Additional restores may incur a one-time fee.

Changes to Hostiya’s Network
Hostiya reserves the right to make upgrades and changes to its network without liability for any resulting impact on customer content or applications.

Notices
Notices under the agreement shall be given via email. Changes to contact information must be communicated accordingly.

Force Majeure
Hostiya shall not be in default if failure to perform obligations is due to events beyond our control, including natural disasters, war, strikes, or other unforeseeable circumstances.

Governing Law
The agreement shall be governed by the laws of the State of Virginia and the United States of America.

Miscellaneous

Both parties acknowledge and agree that each retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may utilize the other party’s name or trademark without prior written consent. The parties intend to maintain an independent contractor relationship and not form a partnership, joint venture, or employer/employee association. Each party acknowledges that it lacks the power or authority to bind the other in any agreement and will not represent otherwise. Any amendment to this Agreement must be made through a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Hostiya unless expressly incorporated into a formal written agreement signed by both parties. Failure or delay in enforcing any provision of the Agreement will not constitute a waiver of that provision or any other provision. A party’s waiver of any right under the Agreement does not waive any other rights for past, current, or future occurrences. The headings in the Agreement are for convenience only and do not constitute part of the Agreement. The following provisions will survive termination of the Agreement: Fees, indemnity obligations, liability limitations, warranty disclaimers, intellectual property ownership, miscellaneous provisions, and other provisions intended to survive termination. There are no third-party beneficiaries to the Agreement. Neither insurers nor resellers’ customers are third-party beneficiaries. Customer may not transfer the Agreement without Hostiya’s prior written consent. Hostiya may assign the Agreement in whole or in part. This Agreement, along with the Order and AUP, constitutes the entire agreement between the parties regarding its subject matter and supersedes any prior understanding or communication, written or oral.

Copyright Files

All files stored on Hostiya’s servers must be legally owned and accompanied by a valid license and/or copyright. This includes, but is not limited to, MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Unlicensed or illegal files discovered within YOUR account will be subject to deletion.

Cancellation of Service

Hostiya reserves the right to cancel a service at any time. Fees paid in advance of cancellation will be pro-rated and refunded by Hostiya. Any policy violation resulting in extra costs billed to YOU may lead to cancellation.

Promotional Rates & Special Offers

Hostiya may offer promotional rates or special offers, which may have terms more favorable or different from those in this Agreement. Such promotions or modifications do not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions, which shall govern if conflicting with this Agreement. Different promotions or offers may not be combined.

Intellectual Property Rights

Material accessible through Hostiya’s services may be protected under copyright, trademark, trade secret, or other laws. YOU must not use Hostiya or its network in a manner infringing, violating, diluting, or misappropriating such rights without explicit permission. Domain names used with Hostiya must not violate any third-party rights.

Network Security

Customers must not attempt to bypass user authentication or compromise the security of any host, network, or account on Hostiya’s network. This includes unauthorized access, password cracking, or interference with other users, hosts, or networks. Hostiya will cooperate with investigations of security violations, including law enforcement cooperation.

Electronic Commerce

YOU are solely responsible for the development, operation, and maintenance of YOUR online store and products, including all content, materials, and customer interactions. YOU must ensure compliance with laws and protect customer information. Hostiya is not responsible for processing orders or handling customer inquiries.

Static & Dynamic Content Caching

YOU grant Hostiya a license to cache YOUR website, including third-party content hosted by Hostiya, without infringement of intellectual property rights.

IP Address Ownership

Hostiya maintains ownership and control of all IP numbers and addresses assigned to YOU. Hostiya reserves the right to change or remove such IP numbers and addresses at its discretion.

Domain Name Registration

Before the registration of your desired domain name becomes effective, you agree to pay Hostiya the applicable fees outlined in the Hostiya price schedule. These fees cover the initial registration and subsequent renewals of the domain name, should you choose to renew. Please note that all fees are non-refundable, even if your domain name registration is suspended, canceled, or transferred before the end of the current registration term. Hostiya reserves the right to modify fees, surcharges, renewal fees, or introduce new fees at any time, at its sole discretion.

Your requested domain name will only be registered upon receipt of the registration fee and confirmation from Hostiya via email. In the event of a chargeback by a credit card company or similar action by another payment provider, you agree and acknowledge that the domain name registration will be transferred to Hostiya as the paying entity for that registration. Hostiya will reinstate your domain name registration at its discretion, subject to the payment of the registration or renewal fee and any reinstatement fee.

Transfer Domain Registrar to Hostiya

To initiate a domain name transfer to Hostiya, you agree to pay the applicable fees outlined in the Hostiya price schedule. Please note that the domain name transfer may fail and all fees are non-refundable for reasons such as no response from the Registered Name Holder or Administrative Contact, domain name in Registrar Lock Status, or expiration of the domain name registration period. Hostiya reserves the right to change fees or introduce new fees at any time, at its sole discretion.

Your requested domain name transfer will only proceed upon receipt of the transfer fee and confirmation from Hostiya via email. In the event of a chargeback by a credit card company or similar action, you agree and acknowledge that the domain name registration will be transferred to Hostiya as the paying entity. Hostiya will reinstate your domain name registration at its discretion, subject to the payment of the transfer fee and any reinstatement fee.

Transfer Domain Away from Hostiya

Hostiya reserves the right to reject domain name transfer requests for reasons such as no response from the Registered Name Holder or Administrative Contact, domain name in Registrar Lock Status without a request for status change, or expiration of the domain name registration period. You acknowledge that the success or failure of a domain name transfer is your sole responsibility, and Hostiya will not be held liable for transfer failures.

Domain registrations are non-refundable, so please ensure that you are certain about your purchase before proceeding with the registration.

Lawful Purpose

Hostiya reserves the right to refuse service to anyone. You may only use Hostiya’s servers for lawful purposes, and our services may not be used for illegal activities. We cooperate with legal authorities and third parties in the investigation of suspected crimes or civil wrongdoing. Transmission, distribution, or storage of material in violation of applicable laws or regulations is prohibited.

If illegal content or usage is found, the account will be suspended or terminated. You agree that Hostiya may disclose your information to law enforcement agencies upon written request without further consent.

Disputes arising from this agreement will be litigated or arbitrated in Fremont, California, and Hostiya’s maximum liability shall not exceed five hundred dollars ($500.00).

Privacy Statement

Hostiya adheres to strict customer privacy guidelines. Please ensure you fully understand our privacy statement.