Hostito, Inc. Web Hosting Service Level Agreement.
This Agreement sets forth the terms and conditions of Your use of Hostito's Web Site Hosting services ("Web Hosting" "service") and represents the entire agreement ('Agreement') between You and Hostito, Inc. ("Hostito" "we" "us" "our"). By using Hostito's Web Hosting services, including single-domain and reseller accounts, and/or by placing your information on our server(s), You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Hostito may establish from time to time.
If You do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on Hostito's servers. Hostito reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by Hostito. You may view the latest version of this Agreement at any time at http://www.hostito.com/sla.php.
Customer identification information.
You agree that as the person legally responsible for use of this account, you are at least 18 years of age. If you are under 18 years of age, your account must be ordered by a parent or guardian, in their own name.
You hereby represent that you are either an individual entering this Agreement for his or her personal use, or a corporation, limited partnership or other legal entity, duly organized and in good standing under the laws of the state of its organization and that the person acting on your behalf is duly authorized to accept, execute and deliver this Agreement on your behalf.
You agree to supply Hostito with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
Modification or Amendment of Agreement.
Hostito may modify or amend this Agreement. You agree that Hostito's posting of modifications or amendments to this web page constitutes adequate notice.
You further agree that it is your obligation to check Hostito's web site periodically for any modifications or amendments to this Agreement, and that notice of modifications or amendments to this Agreement delivered by e-mail does not obligate Hostito to deliver similar e-mail upon any other amendments or modifications to the Agreement. If any modification or amendment to this Agreement is unacceptable to you, it is your responsibility to terminate the Agreement as specified in the "Cancellation" sections of this Agreement; if you do not terminate within 14 (fourteen) days of any amendment or modification of the Agreement by Hostito, your continued use will constitute an acceptance of the amended or modified Agreement.
Hostito's Web Hosting services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to Hostito, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
While using the service, you may not:
A. Restrict or inhibit any other user from using and enjoying the Internet.
B. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws.
C. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component.
D. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material).
You agree to indemnify, release, defend, and hold harmless Hostito and each of its respective officers, directors, contractors, employees, shareholders, affiliates and agents from any and all liabilities, penalties, suits, demands, proceedings, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Hostito, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content, and its terms shall survive any termination of this Agreement.
Refusal or discontinuance of service.
Hostito reserves the right to refuse or discontinue service to anyone at Hostito's sole discretion. Hostito may deny you access to all or part of the service without notice if you engage in any conduct or activities that Hostito in its sole discretion believes violates any of the terms and conditions in this Agreement. Hostito shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Hostito has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Hostito reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. We also reserve the right to refuse refunds in cases where we believe abuse has taken place.
The services provided under this Agreement are provided on an as is, as available basis. Hostito makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by Hostito or its agents or employees shall create a warranty. Hostito provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Hostito be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Hostito service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Hostito's servers that such information becomes available to all Internet users and that Hostito has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You acknowledge and agree that Hostito exercises no control over, and accepts no responsibility for, the content of data, scripts, or other information passing through Hostito's host computers, network hubs and points of presence or the Internet. You assume total responsibility and risk for your use of Hostito's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Hostito or on the Internet generally.
Your use of the service is at your sole risk. Hostito is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Hostito servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Hostito, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Hostito policy decisions.
Hostito reserves the right to monitor any and all communications through or with our facilities. You agree that Hostito is not considered a "secure communications medium" for the purposes of the Electronic Communications Privacy Act (ECPA), and that no expectation of privacy is afforded.
The terms of this section shall survive any termination of this Agreement.
Hostito is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of Hostito. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by Hostito.
Web site, e-commerce and customer warranties.
You assume sole responsibility for acquiring any authorization necessary for hypertext links to third party web sites; for the accuracy of materials on your web site, including, without limitation, client content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted; and for ensuring that the client content does not infringe or violate any right of any third party.
Notwithstanding the foregoing, Hostito reserves the right, in its sole discretion, to exclude or remove from the web site any hypertext links to third party web sites, any of your content on the Web Site, or other content not supplied by Hostito which, in Hostito's sole reasonable discretion, may violate or infringe any law or third party rights or which otherwise exposes or potentially exposes Hostito to civil or criminal liability or public ridicule, provided that such right shall not place an obligation on Hostito to monitor or exert editorial control over the Web Site.
Hostito shall in no way be responsible for your conduct or actions including but not limited to your handling of third party information such as credit card numbers and any liabilities incurred by you including but not limited to tax liabilities for the conduct of your online business.
You are solely responsible for the development, operation and maintenance of your web site and any online store and e-commerce activities.
Limitation of liability.
You agree that neither Hostito nor any of its employees, owners, or agents shall be held responsible or liable for situations where services are accessed by third parties through illegal or otherwise unauthorized means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Hostito at the time) which may exist in our services or the equipment used to provide our services.
Under no circumstances, including negligence, shall Hostito or any of its employees, owners, or agents be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by you, any of your customers, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Hostito has been advised of the possibility of such damages. No Hostito Person shall be liable to you, any of your customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use Hostito's services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Hostito's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, Hostito's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims regardless of the legal theory or the nature of the cause of action shall not exceed the actual dollar amount paid by you for the services which gave rise to such damages, losses and causes of actions during the twelve (12) month period prior to the date the cause of action arose or the injury or loss occurred.
You understand, acknowledge and agree that if Hostito takes any corrective action under this Agreement because of an action of you or one your customers, that corrective action may adversely affect other customers of you or other reseller customers, and you agrees that Hostito shall have no liability to you, any of your customers, or any other third party due to such corrective action by Hostito.
This limitation of liability reflects an informed and voluntary allocation of risks between the parties and applies to risks both known and unknown that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
Regarding the Electronic Communications Privacy Act.
You agree and understand that the account you purchase is purchased for yourself, and that as the purchaser of a reseller account you are the individual solely responsible for all use of your account. Resellers may not resell Hostito services under Hostito's brand name, and nothing in this Agreement constitutes a license to resellers to use or resell Hostito's logo, name, or other trademarked items.
IP address ownership.
During the course of providing Hostito services to you, Hostito may assign to you an Internet Protocol address. You agree that you have no right to a particular IP address under this Agreement and accordingly Hostito shall retain ownership of any IP address or addresses used by you under this Agreement and that Hostito reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
You expressly grant to Hostito a license to cache your content, including content supplied by third parties and hosted by Hostito under this Agreement. You agree to indemnify and hold Hostito harmless for any infringement of any third party's intellectual property rights thereby affected from said caching.
No interference with operation of system.
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online by Hostito, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Hostito. You agree to abide by any and all future Hostito policy decisions.
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify Hostito immediately in writing by registered mail, with return receipt, to Hostito, Inc., 2939 Folsom St., San Francisco, CA 94110. You shall be held fully responsible for any misuse or compromise to your account for which Hostito is not properly notified. You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree if certain features of your account are used to provide shared access to your account to resell services to third parties, that you are responsible for the actions of any party which utilizes those features. You agree that if any security violations are believed to have occurred in association with your account, Hostito has the right to suspend access to the account pending an investigation and resolution. You also agree that Hostito has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.
Use of Hostito services to engage in any type of fraud, "cracking", malicious behavior, or harassment is expressly forbidden. Interference with the proper operation of systems reachable via the Internet is forbidden. Compliance with the acceptable use policies of any network or system with which you connect through our service is required. Forging e-mail, Usenet postings, or other messages is forbidden. Trafficking in pirated software is forbidden. Port scanning or the use of similar tools is forbidden.
Use of Hostito services to publish or otherwise disseminate information about the availability of pirated software or other material that is being made available illegally, including the publication of a list of links to such material, regardless of disclaimers, is specifically forbidden. We do not condone or encourage any illegal material or behavior.
If inappropriate activity is detected, all accounts of the user in question will be deactivated until the investigation is complete. Prior notification to the user is not assured. We reserve the right to contact law enforcement regarding the activity.
Transmittal of materials.
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of Hostito or any other service with reference to services obtained through Hostito, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming", is strictly prohibited and may cause your services to be terminated immediately and without warning. You will be held fully responsible for any damages to you, Hostito, or any other party or parties resulting from any such conduct.
You agree to supply appropriate payment for the services received from Hostito, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify Hostito by e-mail or in writing of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically up to 30 days before they become due, and that Hostito may apply the amount due to the provided card at any time.
You agree to pay a late fee of US$30.00 (thirty dollars) if your account or accounts become more than ten (10) calendar days overdue or if your credit card is not accepted when a charge is processed. Fees for renewal periods after the initially purchased term shall become due 30 days before the first day of such renewal period. Hostito may impose a debt service charge equal to ten percent (10%) of the overdue balance for each month or portion thereof the overdue amount remains unpaid. In addition, in the event that any amount due Hostito remains unpaid seven (7) calendar days after such payment is due, Hostito, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. You agree that Hostito may charge a US$30.00 (thirty dollars) fee to reinstate accounts that have been terminated or suspended. All taxes, fees and governmental charges relating to the services provided hereunder (other than income taxes of Hostito) shall be paid by you.
Customer agrees that Hostito may charge in advance all fees due for the services provided to you under this Agreement to the credit card supplied by you during registration or at any time thereafter and you specifically agree not to charge back any payments Hostito processes through your credit card.
You acknowledge and specifically agree that chargebacks -- which might occur if you dispute Hostito charges directly with your credit card bank -- are unlawful if Hostito's service has been rendered. If you have a fee dispute with Hostito, you must such dispute with Hostito directly without initiating any chargeback proceedures. Any chargeback will evoke an automatic US$100.00 (one hundred dollars) service fee, without exception, for which customer will be held responsible in future collecting procedures.
Returned checks will be assessed a US$25.00 charge.
Intellectual property rights.
You acknowledge that Hostito owns all trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to Hostito Web Hosting services and their provision. You further acknowledge and agree that nothing in this Agreement shall constitute a license to you to resell or trade under any of Hostito's intellectual property.
Pursuant to the Digital Millennium Copyright Act, Hostito has adopted a policy that provides for termination of websites hosted by Hostito that are found to infringe on copyrights of third parties. You expressly acknowledge that you are aware of this provision and you waive any claims you may have should you, your customers, or any third party be injured by the enforcement of this provision. If a copyright holder believes that there has been a violation of their copyright on a website that is hosted by Hostito and the copyright holder demands that Hostito remove the website or disable the material in question, Hostito reserves the right to remove the website or disable the material if the copyright holder provides Hostito with all of the following information:
1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
2. Identification of the copyrighted work that is claimed to have been or being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
3. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
This Agreement supersedes any written, electronic, or oral communication you may have had with Hostito or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
This Agreement, together with the order form and any other documents or agreements identified in this Agreement, represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
Applicable law, jurisdiction, service, arbitration.
This Agreement is governed by California law and both parties will submit to personal jurisdiction in California. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, will be subject to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then existing Commercial Arbitration Rules (collectively, the "AAA Rules") and any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration will be San Francisco County, California, or any other place selected by mutual agreement of the parties. An award rendered in connection with arbitration pursuant to this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of this Agreement.
By placing and continuing to maintain or place information on Hostito's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them. This Agreement supersedes any written, electronic, or oral communication you may have had with Hostito or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
Hostito will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the services.
General policy regarding uses and activities
Hostito reserves the right to take action without delay or prior notice to you in the event that you or anyone else accesses your account or server space and engages in any use or activity prohibited by this Agreement. You acknowledge that such action may include removal or loss of your content, disconnection or discontinuance of Hostito services, and/or termination of your account with Hostito. You agree that Hostito has no liablitiy to you or to any of your customers due to any action that Hostito may take in such a case. You acknowledge and accept that there is a minimum US$150.00 breach-of-agreement fee for any account suspended for violating any policy set forth in this Agreement.
Spam and Bulk Mail Delivery
The transmission of unsolicited or prohibited advertising or other content through electronic mail or inappropriate Usenet postings is strictly forbidden. The use of Hostito's services or resources for unsolicited mass mailings or postings (commonly known as "Spam") by any customer will cause that customer's services to be terminated immediately and without warning, and the customer will be held legally responsible for the damages to Hostito, both monetary and in reputation. The use of any other service to make such a mailing or posting, with any reference to Hostito services (including but not limited to mailboxes, autoresponders, and Web pages), shall also be grounds for account termination and/or other corrective actions. In addition, Hostito reserves the right to charge a cleanup fee of US$1000.00 + US$1.00 per message sent.
No more than 1000 e-mails may be sent out within a 24-hour period without Hostito's prior written consent. Please send bulk delivery mailings through your local ISP's mail server, or any other mail server which you are authorized to use. We reserve the right to deactivate your account without prior notice should we detect bulk mail delivery conducted using it, regardless of whether it is spam or not.
Denial of Service Attack.
Denial of Service Attacks are strictly prohibited. Any account launching a Denial of Service from our server(s) against any other server will be terminated without prior notice. In addition, Hostito reserves the right to charge a cleanup fee of $1000.00.
Adult-oriented content is strictly prohibited on Hostito servers. Sites providing or aiding access to pornographic materials in image, video, and audio formats are considered adult-oriented whether or not an adult verification process is offered, and whether or not they are intended for commercial or free use. Hostito does reserve the right to make exceptions for special cases, including but not limited to educational sites.
The use of Hostito's servers to run or participate in interactive real-time chat applications that require server resources is strictly prohibited. This includes but is not limited to any web site or portion thereof that allows visitors to post messages that are immediately viewable in order to engage in "conversation" with other users in real time.
Actions prohibited by Hostito include but are not limited to the following actions. You agree not to engage in these actions:
A. operating any service which makes an account feature available to third parties for any use other than normal access to that account's web site
B. operating any service which enables or assists anonymous or abusive behavior by third parties
C. operating any service which affects the stability or reliability of any Hostito server or network component, impacts other users or the company negatively, or degrades quality of service
D. reselling autoresponders to third parties
E. running a service like hotmail.com
F. running a service like pobox.com
G. running a service like tripod.com
H. running a service like linkexchange.com
I. running a service like thecounter.com
J. running CGI scripts for other sites
K. hosting a remailer
L. running any script, executable or other program or process on Hostito's servers or other equipment that will in any way adversely affect the performance of said equipment
All account features are to be used solely in order to develop and implement the web site(s) associated with that account. Resellers may make reasonable use of account features shared between multiple accounts under their primary Reseller account. Hostito reserves the right to discontinue service for any system whose maintainer is unable or unwilling to control misuse, abuse or related problems.
You may not, through a cron job, CGI script, interactive commands, or any other means, take the following actions on Hostito servers:
A. run any process or program that requires more than 10 MB of memory space;
B. run any process or program that requires more than 30 CPU seconds to complete;
C. run any process or program that uses more than 8% of all available system resources at any time;
D. run any process or program that "fork bombs" or otherwise uses child processes in a manner that disrupts performance of the server, or in order to attempt to circumvent resource restrictions;
E. use the find command, or any similar tool which recursively explores directory structures, anywhere except in their own directories;
F. send out mail to more than 100 addresses in one batch, whether sequentially or in parallel. Such batches must "sleep" for at least three seconds between each delivery attempt;
G. send prohibitively large messages to any receiving system that cannot or does not wish to receive them;
H. run your own mailing list software, whether custom or packaged;
I. run any interactive real-time chat application that requires server resources;
J. run a banner exchange;
K. run a remotely-accessible web counter;
L. run any service that performs CGI services for sites outside our network;
M. run stand-alone, unattended server-side processes at any point in time on the server, including but not limited to any and all daemons, such as IRCD;
N. run any software that interfaces with an IRC (Internet Relay Chat) network.
In addition to the above, we reserve the right to suspend or terminate any hosting account that we feel is jeopardizing our network for any reason. Hostito will be the sole and final arbiter as to what constitutes a violation of this policy.
Bandwidth and Disk Usage.
You agree that Hostito will monitor and meter your bandwidth and disk usage and, in the event that you exceed the bandwidth or disk usage allocated under your account, Hostito may take action that may, at Hostito's sole discretion, include the assessment of additional charges, disconnection or discontinuance of any and all Hostito services, forced upgrade of your account to a level commensurate with your usage level, or termination of this Agreement. You agree that in the event of a dispute Hostito's internal monitoring reports shall be the final method of determination how much disk space and bandwidth was used and you agree to pay the excess usage charges when due. Log files cannot be deleted by you, but will automatically be deleted once every month.
You agree not to run more than 15 processes or programs simultaneously. You agree not to upload any file greater than 50 megabytes in size to any of Hostito's servers.
All images in your account must be linked to from pages within your account. It is a violation of this Agreement to use this account as merely an image, sound or file library.
Data transfer is measured per calendar month. Hostito may warn you when you have reached 80% of your allowed data transfer, but is under no obligation to do so. You may extend your allowed data transfer amount by purchasing additional amounts at the current price as listed on the Hostito web site.
No Uptime Guarantee.
Hostito makes no guarantees regarding server uptime and connectivity, and no credit or return of payment may be demanded by you for server downtime.
CGI scripts and programs are subject to resource limitations as follows:
Size of Core Files - 0 MB
CPU Time Used - 30 seconds
Memory Size - 16 MB
Number of Open Files - 32
Number of Simultaneous Processes - 15
These limits are subject to change and variation as necessary, at the sole discretion of Hostito, and may be enforced by automatic monitoring systems.
Use of MySQL databases on Hostito's servers is subject to the following conditions and restrictions:
A. no database may be used to act as a "hit counter," or for logging of information distributed nightly in the raw Web logs (including but not limited to browser and page referrer information);
B. each individual database is allotted up to 20MB (megabytes) of disk space;
C. databases may not be used for circumventing account disk allowances by storing normal Web content (HTML, images, etc) within the database;
D. databases may only be used in conjunction with Hostito hosted accounts;
E. databases may not be used to store binary data (including but not limited to image, multimedia and application files); if needed, these files should be stored within the user account and referred to in the database by a "pointer";
F. a limit of 25 users per database;
G. a limit of 35,000 queries/user per hour and 3,500 connections per hour.
Hostito reserves the right to require changes to database designs or usage methods in any case where such designs or methods are found to have an adverse impact on a database server and/or other databases on that server. Hostito reserves the right to disable any database determined to be unacceptably harming performance of a database server.
Cron jobs are allowed on Hostito servers, subject to the following conditions and restrictions:
A. the job must not execute more often than once every hour;
B. the job must generate no greater impact than a CGI script;
C. the job must be "niced" (for details, read about the nice command with "man nice"), and the nice value must be 10 or greater.
Server Side Processes.
The installation or operation of any stand-alone, unattended server-side processes or daemons on Hostito servers, with the exception of cron jobs, subject to their own policy, is forbidden, except by special arrangement. This specifically includes IRC bots or clients as well as any network redirector programs. Use of such a process to accept network connections, for any purpose whatsoever, is expressly forbidden. Violation of this policy may result in immediate account termination without warning.
Server Exploiting Policy.
Any account who is attempting or has attempted to successfully or unsuccessfully exploit any of the server's services, including but not limited to the http server or ssh server, or attempting to gain root access will have their account terminated without notice.
Money Back Guarantee.
All customers purchasing a Hostito E-mail Only, Web Hosting, and Reseller plan for the first time are eligible for a 15-day money back guarantee. The 15-day period shall begin at the moment you make payment for the services purchased, and Hostito must be notified in writing by letter or e-mail of your desire for a refund by the end of the 15th 24-hour period following. This guarantee does not apply to domain name registration, free domain name offers, setup fees, maintenance fees, add-on charges, charges for excessive usage, or any charge other than the base charge for the plan concerned. Accounts disabled or cancelled by Hostito for misuse or any other violation of this Agreement are not eligible for the money back guarantee.
Customers who receive a free domain name registration upon purchase and subsequently invoke the 15-day money back guarantee are responsible for a standard charge for domain name registration/transfer as listed on the Hostito web site when purchase was made ($8.95 as of this writing), to compensate Hostito for the cost of registering the domain name. By consenting to this Agreement, you acknowledge that you are responsible for this cost and that you have no intention of purchasing Hostito services with the sole intention of abusing Hostito's offer(s) to gain a free domain name registration and without intention to become a Hostito customer. You further acknowledge that Hostito shall not fully release any domain names registered under a free domain name offer until you have either made payment as described above or have successfully completed two (2) months of being a Hostito customer. Domain names registered at no cost via Hostito free domain name offers shall be fully bestowed upon customers after the completion of no fewer than two (2) continuous months of being a Hostito customer, measured from the day of purchase. If you have any doubts whatsoever about the implications and consequences of this Agreement regarding a free domain name offer, we strongly recommend that YOU DO NOT CONSENT TO THIS AGREEMENT OR PURCHASE Hostito services without first questioning Hostito about the points in question.
In consenting to the terms of this Agreement, you acknowledge that you do not have the right to assign this Agreement without the prior written consent of Hostito. This Agreement shall be binding upon and inure to the benefit of you and Hostito and their successors and permitted assigns.
Disclosure of Customer Information and Legal Process.
Hostito has a policy of confidentiality regarding customer information. However, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or official governmental request, to protect Hostito or others from harm, and/or to ensure the proper operation of Hostito's services, Hostito may disclose any customer information in its possession, including, without limitation, information about customers, Internet transmissions and website activity. Hostito has no obligation to notify any person, including the customer about whom information is sought, that Hostito has provided the information or the nature of the information provided. You acknowledge the above and agree to it without reservation.
You agree that if you resell Hostito Web Hosting under a reseller account, the purchaser of those resold services will become your customer ("reseller customer"). A reseller customer shall not become a customer of Hostito, and Hostito will not be required to provide technical and/or other support to any reseller customer. You agree to take all necessary measures to preclude Hostito from being made a party to any agreement with any reseller customer. You agree and acknowledge that if your reseller customers become resellers they will be authorized to resell Hostito-provided services on a non-exclusive basis only. Your right to resell Hostito services shall in no way preclude Hostito from marketing and selling Hostito's own products and services through its own employees, affiliates, other resellers or any other third party. Hostito expressly reserves the right to allow other third parties to resell Hostito services on any terms Hostito may choose, including terms which may be more favorable to said third parties than they are to you or your reseller customers. You acknowledge that the non-payment by any customer of yours shall in no way relieve you of any duty in this Agreement, including but not limited to the duty to pay all fees on time. You further acknowledge that you are solely responsible for all sales, use, transfer, privilege, excise or other taxes and duties which are levied or imposed on Hostito and you under this Agreement and any and all transactions between you and your reseller customers, and that you are solely responsible for compliance with any regulations governing the export of services (or any portion thereof).
Hostito as Reseller or Licensor.
Hostito is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Hostito Product"). Hostito shall not be responsible for any changes that cause the Non-Hostito Product to become obsolete, require modification or alteration, or otherwise affect the performance of Hostito services. Any malfunction or manufacturer's defects of Non-Hostito Product either sold, licensed or provided by Hostito to you or purchased directly by you used in connection with the Hostito services will not be deemed a breach of Hostito's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of Non-Hostito Product are limited to those rights extended to you by the manufacturer of such Non-Hostito Product. You are entitled to use any Non-Hostito Product supplied by Hostito only in connection with your permitted use of Hostito services. You agree to use your best efforts to protect and keep confidential all intellectual property provided by Hostito to you through any Non-Hostito Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with Hostito services. You agree not to transfer, export or re-export any Non-Hostito Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
Licensed Software Only.
You agree to use only properly licensed third party software in connection with your use of Hostito services.
You agree not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact Hostito concerning unethical, false or unlawful activities by you, Hostito reserves the right to terminate your service without notice.
This Agreement goes into effect upon confirmation of your order with Hostito or commencement of provision of Hostito's services to you. The duration of this Agreement is determined by the length of service indicated by you at the time of order confirmation or the period indicated by you through a request to extend Hostito's services, whichever is longer. Should no specific extension of services be requested by you, this Agreement shall automatically renew for successive terms, equal in length to the initially indicated duration, unless terminated or canceled by either party as provided in this Agreement. During this duration of this Agreement as indicated above, this Agreement cannot be terminated by customer for any reason.
This Agreement may be terminated on the renewal/anniversary date by either party by giving the other party notice by letter or e-mail at least 30 days prior to the renewal/anniversary date of the services ordered, or by Hostito in the event of nonpayment by you or by Hostito, at any time, without notice, if in Hostito's judgment you have in any way breached this Agreement.
If Hostito cancels this Agreement pursuant to any of the terms outlined in this Agreement Hostito shall not refund to you any fees, paid or prepaid, in advance of such cancellation, and you are obligated to pay any and all fees and charges accrued prior to the effectiveness of such cancellation. Prepaid hosting fees are not refundable beyond the 15-day period governing the 15-day money back guarantee. Hostito also has the right to charge you a minimum of US$150.00 breach-of-agreement fee for violating any policy set forth in this Agreement.
If, prior to the end of the agreed duration of this Agreement, you cancel Hostito services for any reason, or Hostito terminates the Agreement due to your breach of this Agreement, you will be charged an early termination fee equal to the fee for such account remaining in the term. At no point shall you receive a refund of any prepaid service fees.