CPANEL TERMS OF SERVICE
iHosts.com is a web hosting service provider by Searchmedia Pty Ltd , a South African company headquartered in Johannesburg. Legal details about the two companies can be found in the 'Contact Details' section of this document. For the sake of brevity, Searchmedia Pty Ltd . will be referred to as 'Ihost ' in this document. With its cPanel iHosts Program, iHosts gives you, as a hosting iHosts , and your hosting clients, the opportunity to position data on their servers, thus making it accessible to the wide public. In this sense, you and your clients accept that it is beyond iHosts ’s power to restrict such access and guarantee the security of your files. You are completely in charge of protecting your data on iHosts ’s servers, which suggests that you had better consider carefully any piece of information before uploading it to your newly allocated iHosts server space. It is recommendable that you avoid publishing personal data that could be abused online. The order form completion represents the electronic signing of this document.
iHosts Confidentiality and Support Agreement
iHosts offers its iHosts s an opportunity to sell hosting packages to third parties. In doing so, your name and/or the name of your company will remain safely anonymous. As a iHosts, you are responsible for the provision of direct support to your clients. Please be advised that iHosts will not provide third party technical support to your clients, and are not obliged to provide such support under any circumstance. You as a iHosts and your clients should abide by the Domain Name Registration Agreement.
1. ENTIRE AGREEMENT; SERVICE AGREEMENT
iHosts shall provide its Services to You (the iHosts ) and Your Hosting Clients (the Clients) under the Terms and Conditions of this Service Agreement. You and Your Clients will be referred to as the Customer or the Customers, for short. In some places you and your clients might be referred to simply as you. The Agreement is intended to keep the integrity of iHosts on the one hand, and that of the Customer on the other, thus protecting both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Service Agreement constitutes the whole act of convention between iHosts and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement's provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity.
Customer's side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.
You understand and agree that the Service is provided "AS-IS" and that iHosts assumes no responsibility for the timeliness, deletion, failure to deliver or store any Customer communication or personalization settings.
2. PERSONAL DATA PROCESSING
For Clients who sign up for the Services through your online store, iHosts will act only as the Data Processor, whereas you (the iHosts ) will assume the role of the Data Controller. The Data Processing Agreement (Appendix A of this document) will govern the processing of Personal Data.
If, at any time, the Data Protection Laws require any further steps to be taken in order to permit the collection, the processing or the transfer of Personal Data as envisaged under this Agreement, then You will take all the steps required by iHosts (including, when necessary, entering into contractual clauses with iHosts ) to ensure that the transfer of the Personal Data meets the Data Protection Laws’ respective requirements.
3. BACKGROUND OPERATIONS/PROGRAMS ON SERVERS
We do not allow background-running programs. These include any IRC-related software such as bouncers and bots. We provide a hosting service, not a shell service. You are not allowed to compile and run software on our hosting servers.
4. SCRIPTING AND BANNED SCRIPTS
You are free to use any scripts you wish provided they do not affect the servers’ normal operation and are not mentioned specifically below.
Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, iHosts reserves the right to disable the account pending client cooperation and resolution. Scripts we do not allow include:
5. OPTIONAL SERVICES
- Chat servers/scripts of any kind are strictly prohibited.
- Formmail is not allowed on our servers. You can use formmail scripts but they must be up-to-date and not running with the filename "formmail". Any files named "formmail" will be deleted without notice.
These services include but are not limited to: Softaculous package, Mailing Lists and others, are provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. iHosts ’S ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. iHosts REJECTS ANY IMPLIED WARRANTIES. ANY OF iHosts 'S EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY iHosts , INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
6. SERVICE GUARANTEES
99.9% Network Uptime Guarantee
iHosts guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. However, we cannot be held responsible for upstream problems outside of our network and areas where iHosts has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar problems with subscribers domain names, routing problems between clients location and our data center. The uptime guarantee is also not applicable if the service interruption was caused by any natural or unnatural events that iHosts cannot directly influence. iHosts may temporarily deny or terminate service upon clients failure to pay their charges when due. iHosts will guarantee 99.9% iHosts network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from:
Network Outages or Unscheduled Downtime
- Server Hardware Breakdown
- User error(s) or purposeful interruption(s) (e.g. if the client shuts his/her own server down, iHosts is not responsible for the downtime)
- Failures due to software that is not explicitly supported by iHosts Consequently, if a hardware crash provoked by the customer happens, iHosts has no responsibility for the resulting downtime.
Network Outages or Unscheduled Downtime is any unplanned or unexpected interruption in the network availability due to a hardware, software, network connectivity or data center problem, during which a 100% packet loss is experienced.
Unscheduled Downtime Compensation
iHosts will compensate the owner of an account that has experienced downtime for more than 8 hours during the entire calendar year. The compensation will be one month of hosting services for free.
Scheduled Downtime is any scheduled interruption of services for the purpose of network upgrades, or replacement of any equipment in order to provide a better service for you. Scheduled downtime occurs during notified downtime periods, with as many warnings sent in advance as possible via e-mail or posted on our news section at a minimum 24-hour notice.
7. SERVER USAGE & HOSTED CONTENT
8. EXCESSIVE RESOURCE USER POLICY
- 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. SSPs also offer periodic backup and archiving. Ihost offers only web hosting services, not data storage services. The backups offered by Ihost will be executed on a weekly basis and will overwrite all previous ones. The backups are provided as a courtesy service and may be discontinued at any given time. Shared accounts using more than 20 GB of disk space will be entitled solely to an internal backup service, which is used only in disaster recovery cases and is aimed at preventing our storage servers from being overloaded. This is a manual service and will cost $30 USD per recovery.
- Server content MUST comply with the parameters stated in this agreement. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a Ihost Service representative regarding any inquiries over the matter.
- If any of Ihost ’s Services are used for the illegal purpose of SPAM or UCE, then they will be instantaneously terminated.
- Unauthorized Access. Ihost expressly bans the use of any Ihost hardware or software hosted on a Ihost server for trying to illegally access another hosted machine or network.
- Each customer will be able to take advantage of the package he/she has purchased at the introductory price levels and with one and the same set of features in the course of the whole contract period. Ihost reserves the right to introduce certain changes to the packages (in the shape of complementary services) to the benefit of customers.
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o) utilization. iHosts offers a cloud hosting service in which environment customers may share resources with other customers, therefore it is imperative that Ihost control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources.
A hosting account is considered using "Excessive amounts of resources" when it consumes 100% of 1 CPU core, and/or 1 GB Memory and/or 20 concurrent connections also known as "Computing Resources", and/or "Resources", and/or "Resource Usage". There are numerous issues that could cause such problems, including but not limited to: CGI scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account, which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused.
Excessive Disk Space & Traffic Usage - Ihost offers generous amounts of disk space and network bandwidth. Customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file types) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files that link to them. Audio, graphics and/or video files must be must be under 25% of the current web hosting disk usage and must never exceed 50 GB in size. Furthermore, such media files may amount to no more than 50% of the customer's total monthly traffic usage. Upon a support ticket request by our customer care team, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request. If the client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes, the Provider reserves the right to suspend the account and/or to remove the aforesaid content from the server. In such cases, refunds are not applicable and the money-back guarantee is no longer valid.
iHosts will make every reasonable effort to notify customer prior to suspension, however, Ihost may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package. Ihost will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their Control Panel.
9. CANCELLATION AND REFUND POLICY
Cancellation And Refund Policy
Ihost accounts are set up on a prepay basis. iHosts customers may decide to cancel their account at any time and get a full refund if the cancellation request is made within 30 days of the official sign-up date according to our Money Back Guarantee Policy. To cancel an account, the customer must send an e-mail or a support ticket to the Sales Department and provide any authentication credentials requested by iHosts Any other form of cancellation request will not be accepted. Any incentives offered to customers upon sign-up will also be cancelled. However, domain name registrations/transfers and upgradesare treated as non-refundable services and cannot be cancelled or refunded after being activated per customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.
Late cancellations as well as accounts cancelled by iHosts due to TOS violations, in which the customer decides not to fix the violation, do not qualify for the 30-day money back guarantee.
All credit requests for VISA, MasterCard, American Express and Discovery payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to your credit/debit card and affect your credit/debit card balance in accordance with the credit/debit card issuer's terms of service.
All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to your PayPal account and affect your PayPal balance in accordance with the PayPal's terms of service.
Money Back Guarantee Policy
10. PAYMENT AND CHARGEBACKS
Customers should abide by our Order Verification Policy
- - iHosts offers a 30-day money back guarantee. In case you are not satisfied with our iHosts hosting services, you can submit a refund request via a trouble ticket from your WHMCS billing account, and receive a full refund for your hosting plan within 30 days of the account purchase, in order to receive full refund.
Any charges paid for the WHMCS license prior to a cancellation request being submitted are NON-refundable.
SSL certificates, as a third party service, are not covered by the 30-day money back guarantee, which iHosts provides for its iHosts hosting service. An SSL certificate can be refunded within 7 days of the purchase date.
non-refundable services: all single-year or multi-year domain registration or transfer services and upgrades. All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain's TLD, multiplied by the number of years of registration or transfer.
The amount that will be credited back to you in accordance with our 30-day money back guarantee will not include the cost of all non-refundable services that have been purchased upon sign-up (i.e. you will be issued a partial refund on the original transaction if you have purchased non-refundable services for your web hosting account).
A table containing the regular annual prices of the domain names offered by iHosts is located in section 16-b of this legal document
11. FREE BONUSES
- iHosts contracts with VISA / MASTER CARD International, American Express Bank and Discover Financial Services for chargeback procedures, thus avoiding its merchant accounts involvement. When signing up for a web hosting service with iHosts , customers agree to AUP (Acceptable Usage Policy - this document) and the specified Terms & Conditions in this document. Thus, iHosts will utilize this document as an evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.
If, however, the customer presents a valid motive for the refund required, having observed the afore-specified requirements, then iHosts will commence the money-back procedures without hesitation. Any refund actions will immediately lead to an account suspension and the customer's credit card will be charged back with the respective sum under the same payment order / authorization number.
- iHosts will charge customers with fees based on the fee structure at the time of the sign-up process. iHosts reserves the right to introduce changes to the packages with regard to price and set of features when needed. This means that the current price list at http://www.iHostss .co.za/cpanel-web-hosting/ may differ from the pricing and features of the customer's account.
- Upon signing up for an account with iHosts , the customer agrees to pay on a recurring basis for the period selected by him/her in the Order Wizard. The periods have the following duration: 1 Month, 3 Months, 6 Months and 12 Months. The next payment must be made towards your account on its assigned date due, which means that iHosts will attempt to automatically re-bill your chosen payment method (WorldPay or PayPal) in the beginning of each following period.
When the payment is declined from your chosen payment method we will send out an email notice and retry to claim the payment on the following day, which will generally occur 3 times over a 3-5 day period. After this period if we have not received the payment due or had notification from you that the payment due is in hand, your account may be suspended or terminated at iHosts ’s sole discretion.
Chargebacks are not considered as a way of refunding. Any customer who provides a credit card chargeback in response to a bill or order placed at iHosts will be subject to collections and legal action. He/she will be charged $30.00, because when signing up with iHosts , customers accept these terms and conditions, thus agreeing to observe them strictly.
A bonus collection, which consists of a billing software, website templates and an eNom domain iHosts account, comes with each cPanel iHosts plan. All bonuses are given out upon customer request via the ticketing system.
12. WARRANTIES AND REPRESENTATIONS
iHosts provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers' hosting with iHosts confronts with service interruption issues.
13. NO UNLAWFUL OR PROHIBITED USE
As a condition for your and your clients’ use of the iHosts Services, neither you nor your clients might use the iHosts Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any iHosts Services, other accounts, computer systems or networks connected to any iHosts Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the iHosts Services.
iHosts reserves the right at all times to disclose any information as iHosts deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at iHosts ’s sole discretion.
iHosts is within the capacity to refuse service to unlawful parties. iHosts servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, iHosts expressly forbids any breach of Federal, State or Local regulation, including, but not limited to the transmission of: copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets.
iHosts management will thoroughly scrutinize any of the received orders and decide at their own discretion which of them does not comply with the officially stated requirements for use of the company's servers. iHosts servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult OR pornographic material, or any other material which is considered impermissible by the company including, but not limited to - pornography, adult materials, blasphemy, and any other materials of an adult nature.
14. THIRD PARTY
Any dealings with third parties (including advertisers) included within the iHosts Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. iHosts shall not be responsible or liable for any part of any such dealings or promotions.
You agree that iHosts , at its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms. All accounts, which remain unpaid for 60 days after their expiration date will be automatically terminated.
16. SERVICE DENIAL
iHosts reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers' failure to pay. The customer then is considered a debtor to iHosts and liable for reasonable interest and collection fees.
17. YOUR RESPONSIBILITIES
18. SERVICE ACTIVATION AND CONTINUANCE TIMESCALES
- Provide true, accurate, current and complete information about yourself as prompted by the registration form of the Service.
- Maintain and promptly inform us to update Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or iHosts has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, iHosts has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- Upon signing up for an account with iHosts , each customer agrees to submit correct and up-to-date contact details, meaning that when introducing any changes to this information, he/she is obliged to notify iHosts in the course of a 10-business-day period after the changes become valid. The introduction of changes should be done online through the customer's Billing Control Panel, not via e-mail. This requirement is also in force for iHosts - customers will always be aware of any contact information changes that the company places within its website. This way, a flawless communication process between both sides is guaranteed.
- You will receive a password and account designation upon completing the registration process of the Service. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to:
(i). immediately notify iHosts about any unauthorized use of your password or account or any other breach of security.
(ii). ensure that you exit from your account at the end of each session. iHosts cannot and will not be liable for any loss or damage arising from your failure to comply with this.
- Harm to iHosts Servers - any attempts for doing harm to a server or customer of the iHosts Services are explicitly banned
i. Acceptable Use of Services / Acceptable Access to Services - iHosts will immediately and resolutely react to any attempt for use of an Internet account or computer by a iHosts customer unauthorized by the account or computer owner. Such attempts include "Internet scamming" (tricking other people into releasing their passwords and etc.), password robbery, security hole scanning etc. It DOES NOT matter whether the attacked account or computer belongs or not to the iHosts Services, the fraud will be subject to actions based on the very nature of the attack which could be a warning, an account suspension or cancellation and civil or criminal legal action.
- CPU usage (or usage of the Central Processing Unit(s)) on the web server Customer's account is hosted on is subject to some regulations. That means that each hosting account can take advantage of up to 10% of the CPU power for no longer than 180 seconds at any given time or 4% per iHosts account in the course of 24 hours. iHosts strongly requires that customers be very judicious when using the CPU power for their accounts. In case of higher than the allowed CPU usage, the following procedure will take place:
(i). First Suspension – The harmful account will be suspended and an automatically notification will be sent to the iHosts . The iHosts can un-suspend the account but should consider this as warning and undertake measures to prevent the CPU overload.
(ii). Second Suspension– In case of CPU overload recurrence the harmful account will be suspended again and the iHosts should contact iHosts , which will consider unblocking the account.
(iii). Third Suspension– If the other two previous warnings are not considered as serious, iHosts will permanently suspend the account without any future option.
The account's owner may be required to upgrade to a dedicated or semi-dedicated web hosting solution. Possible alternative is a required reduction in the load and traffic that the customer's account gets. iHosts reserves the right to block files or scripts that use CPU exceedingly and notify clients.
- The Customer agrees not to publish on or over its account any information, software or other content, which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
- Users are NOT allowed to send more than 150 emails per hour per hosting account.
- MySQL usage: each database hosted on our system can be used only by the user who has created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in your account. The MySQL database has a limit of 45000 queries per hour. If you have reached 45000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset. MySQL databases that affect the normal performance of the MySQL server will be removed.
- You are responsible for monitoring your Customers' accounts, so that the servers could be kept quick and load-free all the time. For that reason, if we locate a domain that belongs to a customer of yours that is no longer hosted on our servers and if the domain's host has no updated files for the last 2 months, we'll send you an email with the details pertaining to the given account and a notification that the account must be deleted within 48 hours. After that period, we reserve the right to delete the account, if necessary.
- The users must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, the users are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file extensions) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files, which link to them. Furthermore, these files may amount to no more than 50% of the customer's total monthly traffic usage. If requested, the user should prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request.
- Customers cannot use more than 500,000 inodes (each file (i.e. a webpage, image file, email, etc.) in a hosting account uses up one (1) inode). The inode usage will be on display in each cPanel, in the STATISTICS sidebar. When a customer reaches the 500,000 inodes limit, his account will no longer have "write" privileges, i.e. he will not be able to upload new files or receive and send emails. Customers that have reached the inodes limit will still be able to edit pre-existing files and their websites will continue to function, as long as they don't rely on the creation of new files.
- iHosts does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
(i). infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy
(ii). violate any law, statute, ordinance or regulation
(iii). are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene
(iv). contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another
(v). contain Pirated or Hacking / Phreaking Software (Warez)- Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction
(vi). have Adult Sites (content) - Any erotic or pornographic material, links to adult sites, or advertisements of adult sites.
iHosts provides services to clients on a global scale whose distribution through the Internet makes them equally accessible to everyone everywhere in the world.
The services for newly signed up clients are activated immediately after our Sales Department gets in touch with the payer over the phone to verify the payment details (this is demanded because of the high fraud activity, spreading online). The payment verification procedure is compulsory and if we fail to approve the transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be cancelled.
The services for existing customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the corresponding payment.
cPanel iHosts Accounts Timescale.
The newly-created cPanel iHosts accounts with iHosts are valid for 1 month. They can be renewed for another month that will be added to the official expiration date of the account. All other account upgrades, purchased from the Web Hosting Manager (WHM), are valid and will be functional till the final expiration date of the corresponding cPanel iHosts account.
19. SERVICE EXPIRATION AND RENEWAL
The hosting service is active for one month (30 days). After that period of time, the account will be automatically suspended until the Customer renews it by paying the monthly subscription. In case the Customer does not renew his hosting account, it will remain BLOCKED. The account's data will be kept for two months, after that it will be permamently deleted.
Even though iHosts will provide regular reminders about the expiration of the domain name(s) registered through the company, it is your obligation to keep track of when the registration service(s) will expire. Should you fail to renew a domain name before its expiration date, the domain name will be suspended or canceled.
20. CUSTOMER WEBSITE; E-COMMERCE; CUSTOMER WARRANTIES/GUARANTEES
- After a domain name's expiration date, there is a period of 30 days, in which the domain name can be renewed. Certain domain name extensions do not have such a period, so leaving a domain name to expire before attempting a renewal is at your own discretion.
- After the 30-day renewal period has passed, some domain names (as per TLD Registry Policies) enter a so-called Redemption Grace Period. A domain name which has entered a Redemption Grace Period can still be renewed. However, additional fees will be added to the domain's renewal price. You can find the official information regarding the Redemption Grace Period on ICANN's page: http://www.icann.org/registrars/redemption-proposal-14feb02.htm If a Redemption Grace Period is applicable for a specific domain name, it will last between 30 and 42 days. After the Redemption Grace Period (or the renewal period - if RGP is not applicable) has passed, domain name(s) can be: provided to third parties; iHosts may choose to auction the domain name(s); iHosts may return them in the public registration pool. All of these actions can be carried out at any time and without your consent. When the payment is declined from your chosen payment method we will send out an email notice and retry to claim the payment on the following day, which will generally occur 3 times over a 3-5 day period. After this period if we have not received the payment due or had notification from you that the payment due is in hand, your account may be suspended or terminated at iHosts ’s sole discretion. Chargebacks are not considered as a way of refunding. Any customer who provides a credit card chargeback in response to a bill or order placed at iHosts will be subject to collections and legal action. He/she will be charged $30.00, because when signing up with iHosts , customers accept these terms and conditions, thus agreeing to observe them strictly.
Upon buying an allocated space on iHosts ’s servers, customers agree to be fully responsible for the development, operation and maintenance of their web site, online store and e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including:
21. TORTUROUS CONDUCT
- The accuracy and relevance of Customer Content and the content and material showcased on its store or products
- Certainty that the Customer Content and the content and materials appearing on its store or products do not violate or infringe upon the rights of any person
- Certainty that the Customer Content and the content and materials appearing on his/her store or products are not calumnious or somehow illegal. The Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. The Customer is the one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store.
- The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
- Each Customer guarantees to iHosts that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
(i). Infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party
(ii). Break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers iHosts to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. iHosts is granted the right to assess the extent to which these operations need to be done. If the customers fails to rectify an already reported violation of our Terms of Service, iHosts reserves the right to delete the contents of his /public_html/ folder. Customers who have a /public_html/ folder smaller or equal to 100MB will receive a .zip file with the content of their website. Larger websites will be deleted.
Any case of indecent treatment towards a iHosts employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with iHosts ’s employees regarding any requests for help through e-mail or by means of the Ticket Desk Support System. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behavior will be interpreted as a breach of this TOS. Other acts of treatment towards iHosts employees that will be considered as unacceptable include any verbal, oral, written or second party threats addressing iHosts or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this TOS. iHosts keeps the right to assess which behavior will be treated as a breach of this TOS and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.
22. SPAMMING IS PROHIBITED
We will determine at our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
23. COMPLAINTS PROCEDURE
- The sending of unsolicited messages in bulk, or the sending of unsolicited e-mails, which provoke complaints from recipients
- The Sending Of Junk Mail
- The use of distribution lists that include people who have not given specific permission to be included in such a distribution process
- Posting commercial ads to USENET newsgroups that do not permit it
- Posting articles containing binary encoded data to non-binary newsgroups
- Excessive and repeated posting of off-topic messages to newsgroups
- Excessive and repeated cross-posting
- E-mail harassment of another Internet Customer or Customers, including but not limited to the transmission of any threatening, libelous or obscene material, or material of any nature which could be deemed offensive
- The e-mailing of age-inappropriate communications or content to anyone under the age of 18
- "Spamming" is considered an explicit misuse of ethical principles and will be interpreted as a violation of them
- The maximum number of allowed e-mail messages sent per hour is 150. There are no exceptions to this rule.
iHosts is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are strongly encouraged to make use of our complaints procedure detailed below. In order to file a complaint, please send an email to email@example.com, specifying the nature of the problem you are facing. Please provide as many details about your particular case as possible. The more we know about your situation, the more prompt and adequate our resolution will be. Here are the steps for addressing every single complaint:
24. NEWS RELEASES
- iHosts will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. iHosts reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
- A iHosts Customer Care representative will review your situation, look for an appropriate solution and will inform you of the timeframe within which a response should be expected.
- If a iHosts Customer Care representative can't resolve your complaint within the pre-announced period, your complaint will be escalated to a Customer Care manager.
- If the iHosts Customer Care manager can't resolve your complaint, it will be forwarded to the Company Director, who will investigate the case to ensure that all necessary measures have been taken and will respond in writing within two working days and reply with a solution within five working days.
- An alternative complaint method is submitting a fax to the following number: 1. 510.868.6446
Forward Looking Statements: these refer to any predications within this website that are not based on objective facts and express expectations with regard to forthcoming events. Such statements cannot be treated as reality-based because it is possible that they happen to deviate from actual circumstances. Forward Looking Statements can be recognized by the availability of indicative words such as "believes", “anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential". However, their availability is not a compulsory requirement for a forward-looking statement to be treated as such.
25. FORCE MAJEURE CIRCUMSTANCES
iHosts will be in a non-liability position with regard to the failure or delay in doing its professional duties as a consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, 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 provisioning of the Services. This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged.
- This Agreement shall be interpreted in consistence with the laws of the United Kingdom.
- This Agreement shall be in force and effect entirely to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. - The captions and headings contained in this document are aimed at facilitating the text comprehension. They are not a part of the very Agreement, and shall not limit or construe the provision they refer to. - This Agreement may be executed in counterparts, which will be considered as original.
Copyrighted material must not be placed on Customers' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account. Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability for the removal of any such material.
27. CUSTOMER SERVICE CONTACT DETAILS
To get in touch with our Customer Service - please use any of the options listed below:
1. Open a Ticket from the Web Hosting Control Panel (from section Help Center->Open New Ticket
2. Phone or Fax us at
+27 10 006 5029 / Whatsapp: (+27) 61 472 5620
3. E-mail us: firstname.lastname@example.org / email@example.com