This service agreement has been put together to provide you with a complete set of policies that bind us as the hosting service provider, and you, as our customer.
This service agreement is between HostCode Managed Hosting (hereinafter “Company,” “we,” “our,” “us,” or “HostCode”) and you, our customer (hereinafter “customer”, “customers” , “client”, “you” or “your”).
●We as your web hosting service provider, will supply you with a shared, cloud or dedicated hosting solution. As your web hosting provider, we will make available various services and software for maintaining your website, as indicated on our website. The hosting space provided under reseller hosting and shared hosting can only be used to host live websites and cannot be used for dumping data. If the purpose of buying hosting from us to keep backups, then please opt for our Backup Plans instead of Hosting Plans i.e. remotebag service.
● Host Code reserves the right to suspend other services by the same customer until the outstanding amount is not paid.
●Upon paying for and using the hosting services provided by HostCode, Customer indicates his/her agreement to the following terms and conditions, as outlined below. This agreement supersedes any other oral agreement between HostCode and Customer.
* Restricted Material * SPAM (Bulk Mail) * High Resource User Policy * Shared Hosting Restrictions * Shared Hosting Policy * Backups * Uptime Guarantee * Customer Responsibility * Payment Policies * Cancellation & Refunds * Indemnification * Disclaimer
RESTRICTED MATERIAL Restricted material on our servers in any form include without limitation:
Pornography/Nudity/Erotica/Pharma including sites that give link or promote these sites.
Virus/Malware/Trojan Scripts/Programs/Software
IRC Scripts/Bots or IRCD (irc servers)/Chat Rooms
Anonymisers / Proxy Scripts
Image Hosting Scripts (similar to istockphoto or fotolia)
PTC/AutoSurf/PTS/PPC sites
IP Scanners
Bruteforce Scripts/Programs/Applications
Mail Spam/Bombers Scripts
Banner-Ad services (commercial banner ad rotation)
File Mirror/Dump Scripts (similar to rapidshare)
Audio/Video Streaming/Storage
Escrow/Bank Debentures
Hacking focused sites/programs/archives
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Phishing of any sort)
Mailer Pro, Push button mail scripts
Broadcast or Streaming of Live Sporting Events (of any sort, like WWE, IPL, NBA etc)
Tell A Friend Scripts
Anonymous or Bulk SMS Gateways
Bitcoin Miners
PayDay Loan Sites (including PayDay loans, PayDay loan affiliate programs, etc)
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
We reserve the right to refuse service to anyone. Any material that, in our judgment, is illegal, threatening, obscene, or violates our Terms of Service in any manner may be disabled from our servers (or otherwise removed), with or without notice.
SPAM
(unsolicited bulk e-mail) – We have zero tolerance for SPAM. We reserve the right to block the account of anyone spamming or reported spamming.
If you are found to be engaged in any of the above activities then your account will be suspended with warning and if proper justification is not provided it shall be terminated with/without warning. You will not be entitled for any refunds, including the money back guarantee and we will report you and the incident to the proper local, state and federal authorities and will prosecute you to the full extent of the law and shall be fined appropriately.
Resources are defined as bandwidth and/or processor and/or I/O over utilization and/or email utilization.
If your website is found monopolizing any server resource like Bandwidth, CPU, RAM, I/O, which can make server unstable, crash or lead to poor performance, we reserve the right to suspend that website with immediate effect. Client would be given access via FTP / Control Panel to rectify the problem in a given time frame. We may at any given time implement this policy to our sole discretion.
Unacceptable Resource Usage on Shared Servers
Running cron/scheduled task entries with intervals of less than fifteen (10) minutes
Running any MySQL/MSSQL/ODBC queries that takes longer than ten (10) seconds to complete.
Use twenty percent (20%) or more of our system resources for longer than ninety (60) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI script, FTP, HTTP,PHP, etc.
Any shared hosting plan cannot send more than five hundred legitimate emails per hour. Each mailbox cannot send more than one hundred mails per hour. Any subscription trying to exceed the allocated resources shall get barred automatically. The size of each mailbox should not exceed 5GB and combined mailbox size per domain should not exceed 50GB.
Shared Webhosting Restrictions: The Client is allowed to freely install CGI/PHP applications; however, HostCode reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely. Some scripts and sites are not allowed on shared hosting: *Tube / YouTube clone sites, file archives, email archives, mirror sites, image and file upload sites, and others mentioned under Restricted Material. No single shared hosting account is permitted to monopolise the server resources at any time. Hot-Linking is not allowed. A single biggest plan is limited to 200,000 inodes at any given time. HostCode may impose storage fee per GB for accounts that are using an unreasonable amount of resources on a shared hosting package.
Our shared hosting service is designed to meet the typical needs of small and medium-sized businesses across the globe. It is NOT intended to support the sustained demand of large enterprises, or non-typical applications better suited to a Cloud/VPS or a Dedicated Server.
HostCode does not provide Hosting Space under Shared Hosting for online storage, videos, images, audio, games, installers, executable files, backups, or archiving of electronic files, documents, log files, web spider or indexer, irc, torrent, file sharing, peer-to-peer activities, testing environment etc., and any such prohibited use of the Services will result in the termination of hosting subscriber’s account, with or without notice. Furthermore, but is not limited to the large database sizes, or with an excessive number of MySQL/PostgreSQL/MSSQL tables that may negatively impact the performance of our servers with further affects the other clients hosted on the same server. We may request that the number of files/nodes, database tables or total database usage be reduced to ensure proper performance for all customers on that server, or we may terminate the customer’s account, with or without notice.
We regularly make backup copies of information stored on our servers for disaster recovery purposes. Customers are strongly advised to make regular offline backups of the information they store on our servers. Our hosting control panel facilitates clients to take manual/automatic backups of their accounts (paid service). Nevertheless, the availability of backups is not guaranteed and we can not be held responsible for the loss of customer data. Clients must keep regular backups offline or at a remote location.
You should not rely on the Company for backup. It is solely your responsibility to maintain backups. The Company can’t be held responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on HostCode servers.
We offer Service Uptime Guarantee per month, based on the product you choose. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 10% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
It is solely customer’s responsibility to keep his/her account safe by all means. Keep strong passwords and never share any login detail of Client Area, Ftp, Control Panel etc with anyone. Client should keep his/her device(s) free from virus/malware/trojan. If client’s account get compromised, we cannot be held responsible for this under any circumstances.