Terms Of Service for Hosthee

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This document applies automatically to all of Hosthee (also described as "the Company" or "Us" later in this documentation) clients upon subscription to any of the services provided including subscription through a third-party or any commercial partner when the clients are from outside P.R.China or use English as the main language to communicate with us.

来自中华人民共和国或使用汉语的用户请使用这份中文版条款。

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By subscribing to Hosthee services, you accept the policies listed in this document & accept to respect them.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Subscriber further acknowledges that the Company's liability for its own negligence may not, in any event, exceed an amount equivalent to charges payable by Subscriber for services during the period damages may have occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.

The parties recognize that money damages may not be an adequate remedy for any breach or threatened breach of any obligation hereunder, by Subscriber. The parties therefore agree that in addition to any other remedies available hereunder, by law or otherwise, Hosthee shall be entitled to an injunction or other equitable relief against any such continued breach by Subscriber of such obligations. In any action proceeding brought by Hosthee on account of such breach by Subscriber, Subscriber agrees not to require that Hosthee post a bond or prove that money damages are not an adequate remedy.

Subscriber agrees that Hosthee will not be liable to customer for lost profits, lost opportunities or lost data, or any incidental, indirect, special, consequential or punitive damages under any circumstances whatsoever, even if customer has been advised of the possibility of such damages.

In no event shall the aggregate amount of any damages payable to subscriber from Hosthee for all claims arising from the breach of this agreement exceed the amounts paid by customer to Hosthee under this agreement during the current active billing cycle.

A web hosting service is a type of Internet service that offers individuals and organizations the opportunity to host their own websites, and to store information, images, video, or other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. Hosthee offers only web hosting services (including VPS hosting).

General

Hosthee agrees to provide services described in the service order(s) signed by the parties to the customer subject in the following Terms of Service. Use of Hosthee services constitutes acceptance and agreement to these Terms of Service and all attachments. Hosthee will make all reasonable efforts to provide a quality service to the Customer.

Bandwidth services

Hosthee will provide to the Customer: Internet connectivity, IP addresses & Internet traffic services (collectively, the "Bandwidth services") as specified in the Service Order.

Shared & Reseller web hosting

The customer agrees to use bandwidth as described in the Acceptable Usage Policy. Customers are allowed to transfer the number of gigabytes specified during signup and may utilize no more than ten percent of their monthly transfer allocation during a single 24 hour period. Additional transfer will be billed at $1.50 per gigabyte.

Services being attacked will be suspended and any fee that caused by the attack will be added to clients' account as an invoice, service won't be available until the invoice is fully paid. We encourage users to use CDN services that have DDoS protection such as CloudFlare.

Dedicated & VPS services

The Customer agrees to use bandwidth as described in the Acceptable Usage Policy and agrees that bandwidth shall not exceed the number of gigabytes per month for the Services ordered by the Customer on the Service Order Form and that number of gigabytes is the sum of the incoming and outgoing data transfer (if not stated otherwise) for a period of 1 natural month. Hosthee will monitor the Customer's bandwidth usage and shall have the right to take corrective action if the Customer's bandwidth usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges based on the per gigabyte price stated on the Service Order or suspention of service.

Services being attacked will be suspended and any fee that caused by the attack will be added to clients' account as an invoice, service won't be available until the invoice is fully paid. We don't provide any DDoS protection.

IP addresses

Any IP Addresses allocated to the Customer by Hosthee must be maintained by the Customer in an efficient manner as deemed by ARIN and utilized at 80% within 30 days of assignment by Hosthee to the Customer. Failure to comply with this Section may result in the revocation of IP Addresses by Hosthee after five days notice to the Customer. Hosthee shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by Hosthee. Hosthee reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. The Customer can obtain up to 1 dedicated IP addresse for free on subscription of a VPS plan or 1 shared IP address for a shared hosting plan, if not specified on order form. All IP requests must be fully justified.

Suspended accounts

Service interrupted for a suspended account is subject to a $10 unsuspend charge. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Other services

Upon request by the Customer, Hosthee may at its option, provide the Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the Customer's use of the Customer Space and Bandwidth Services. The Customer agrees to pay the hourly rate of 10$ USD for those other services.

Installation, removal, replacement, maintenance and access to equipment

Hosthee is the owner of the equipment used by the customer or grants a licence to use this equipment. The Customer has no rights on the equipment. Physical access to the equipment by the Customer is strictly prohibited. Any unauthorized access to the equipment will lead to immediate termination of account and we reserve the rights to institute legal proceedings.

Late Payment

Service will be suspended on past due accounts after a 3 days notification. Service suspended for nonpayment is subject to a 10% reconnect charge. Service will be terminated after 15 days of non-payment, Hosthee will not be responsible for any loss of data. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Changes

Upon 30 days or greater written notice prior to the end of the initial commitment, Hosthee may change any fees payable under this Agreement.

Term and termination

The term of this Agreement shall begin upon the date the server is installed and made available to the customer and shall be for the prepaid period stated in the Service Order.

Service downgrades and upgrades

Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account's anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on September 8, this account may be modified on the 8 of each month). Service upgrades, however, may take effect at any time.

Refund policy

We have a very simple refund policy. If you are not satisfied with our services you can cancel your account within 5 days, you will be provided with a full refund excluding setup & domain registration fees. Also, if you have purchased more than 1 web hosting package, you are not eligible for refund as by purchasing your 2nd service, you have stated that you agree to the provided service and do not want a refund. Refund policy only applies if the customer is not satisfied with their first order.

We provide partial refund for old customers, you can submit ticket to ask for refund for the rest of the paid subscription, refund amount will be calculated by the formula:

refund amount = total paid amount / subscription days * unused days

Thus, if you paid $30 for a 30-day service, file a refund apply on the 17th day and we proceed the apply on 18th day, you will get $12 refunded.

Any client that have unpaid invoices or service suspension history are not eligible to refund policy.

Payment obligation

Upon account activation, Hosthee reserves space, equipment and resources for the customer's needs. The Customer must pay its account even if he is not making any use of it. We encourage clients to use up their allocated resources freely, under this TOS.

Backup copies

Hosthee will make all possible efforts to provide a backup mechanism and keep weekly backup copies of all shared hosting solutions. However, the customer must keep a personal backup copy of its software, sites, databases and all hosted content as we don't promise completeness or effectiveness of any backups. Hosthee should not be held responsible of any loss of data or data corruption, clients should be responsible to all their data.

We do not provide backups for VPS plans, clients should maintain their own backups.

Responsibility of Content

The customer is solely responsible for the content stored on and served by his shared web hosting account or reseller web hosting account or dedicated server.

Privacy Policy

• The user's account information, all non-public data stored on our servers, as well as our data backups are treated as user's privacy. We are committed, without the user's permission, will not give these information to any third parties.
• User acknowledges and agrees that we have the ability to access and modify all account information and stored data.
• If received demand or judgment from police, prosecutors, courts and other relevant judicial investigations or authorities, we will follow these demand or judgment in a manner permitted by law.
• User acknowledges and agrees that we have the ability to record logs of all the access and user activities; But for specific products and services, we also reserve the rights not to record or save any log.
• For leak of privacy that not on initiative of us, we can not assume any responsibility, but will make our best efforts to help reduce user's losses.

Cancel a Service

User can cancel a service at any time in the Client Area following the guide of our billing system. Any unpaid invoices will be cancelled after the cancellation of related service, unused credits may be refunded following our Refund Policy.

If unsure, submit a ticket for help.

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Acceptable Use Policy

All clients must follow this documentation on using their services, failed to follow the TOS or AUP will lead to service suspension or account termination.

By speaking of "legal"/"illegal" we refer to the existing law of where the services' hosted server physically located, if a service is hosted on more than one server, the most strict law from all the locations will be applied.

Prohibited Usage

We hold a Zero Tolerance policy to the following use of our hosting services:

A Hosting Service is a service that user have the permission to upload their own data, such as Shared Hosting, FTP Hosting, Mail Boxes, VPS, etc.

• Any adult content, child pornography;
• Any form of fraudulent, deceptive nature of the site or the content;
• Any violation of the existing laws of server location;
• Any cracked program, crack method, null script;
• Provide induction criminal offenses or introducing others to approach incite violence, gore content, dissemination suicidal feelings, terrorism, Nazi or other uncomfortable content;
• Distribute viruses, Trojans, and other malicious programs;
• Send SPAM (Unsolicited Bulk Email);
• Erection of all betting and gambling related sites;
• Credit card information theft, port scans, unauthorized access to other customers or host file systems, IP forgery, any kind of attacks on others and any illegal hacker activities.

Any client that be found running any of the above listed usage will get their account terminated immediately, no refund nor data recovery will be possible.

And we don't welcome following usages, client will be warned the first time we find running of these usage and demand the user to stop such usages before a specific deadline, on the second time the account will be terminated and no refund nor data recovery will be possible.

• Content gathering or file download site (this only applies to shared hosting);
• Misuse of system resources (including, but not limited to, CPU, disk IO, etc.) that affect the normal use of other users on the server;
• Any form of proxy services, including but not limited to, web proxy, socks proxy, Twitter API, etc.(this only applies to shared hosting, if not specified);
• Any public proxy/VPN, private use is allowed for VPS plans;
• Providing copyrighted images, templates, music, video, books, etc. to download and failed to provide a valid license;
• Providing Magnetic links, BT seeds, ed2k links or other P2P resource which we recieved a complaint about;
• Seedbox or running other P2P clients on our server (submit ticket if you are not sure)
• Received multiple Digital Millennium Copyright Act (DMCA) complaint;
  • We will forward DMCA complaint we get to the appropriate users, and in accordance with the law of the server location for proper disposal;
• Anything else that we consider unsuitable or being affecting normal usage of other users;
• Tor and IRC related applications may only be used upon our permit.

Clients that have due invoices or suspended services have to pay all the due fees to access their data via FTP when they decide to cancel their services, no data access is possible if the account is terminated.

On very few of our shared hosting plans we provide a SSH access to the server, this is only for website management usage and running any program or scripts without our written permit will lead to immediate termination.

Last Modified: Mar. 16, 2014