General operating terms and conditions for company Hostko Ltd.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR SIGNING UP FOR ANY SERVICE THAT HOSTKO OFFERS.
Hostko Ltd, its affiliates and their successors and assigns (collectively referred to as “Hostko“) makes available the web hosting and related services described in Hostko’s published service descriptions subject to these Terms of Service (the “TOS”).
For the purposes of the TOS, the word “you” means the individual requesting one or more services provided by Hostko, and, if applicable, includes any other legal entity on behalf of which an individual makes such a request. Additionally, you agree not to make such a request on behalf of any other legal entity unless you have the authority to bind that legal entity to the TOS.
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
By using any portion of Hostko’s service, you are agreeing to this service agreement on this document entirely.
2. Web Hosting
These Terms of Service and Acceptable Use Policies (“Terms and Policies“) are an essential part of your relationship with Hostko. By using your Hostko account, you agree to all of the Terms and Policies set out in this document.
General Terms and Policies
The Service is provided to authorised persons or organisations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
Coverage – If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you. Prices and Charges – Hostko provides the use of cPanel and domain control panels to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.
Grounds for Suspension and Termination
You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Hostko to suspend or terminate your account. You agree that Hostko has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
- Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
- Hosting websites dedicated to pornography. Legal adult content is allowed however it cannot be the main focus of your website.
- Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of 30.00 EUR per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
- Using your hosting as a file or image hosting service
- Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message,or file which does not belong to you.
- Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are exempt from this.
- Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
- Uploading, linking to or storing warez, cracks or other pirated software
- Assisting in or directly distributing copyrighted material
- Excessively using the Service in such a way as to limit the bandwidth available to others
- Providing fake or incomplete contact details, including name, postal address and telephone number
- Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers. Using the Service for unauthorised relays through any third party systems
- Attempting, in any way, to interfere with or deny service to any user or any host on the Internet
- Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account any deny any future business.
- Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional
- Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s)
- Attempting to cancel, supersede, or otherwise interfere with email other than your own
- Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content
- Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks
- Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information
- No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Hostko may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions
- Security – You agree not to access or attempt to access private areas of the Service. You agree to notify Hostko as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service
- Intellectual Property – Hostko does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to firstname.lastname@example.org
- Continuing a specific identification of the allegedly infringing material and the location(s) on Hostko facilities where the materials are to be found. Upon receipt of such written notice, Hostko will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Hostko receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Hostko will send you a copy of that notification. Unless you notify Hostko of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
- Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Hostko, neither Hostko nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Hostko neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Hostko is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Websites, whether residing on Hostko equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Hostko and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
- You agree that, should you use the Service to send or receive voice communications, Hostko is not acting as a telecommunications carrier or telephone , that there is no representation made by Hostko as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Hostko has no liability of any sort for the failure or lack of quality of such use of the Service.
- You agree to be liable for any damages or loss of service which results in damages to Hostko as a result of any spamming or other violations of section above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Hostko may pursue any such claims against you in Court. You agree that in no event will Hostko have financial liability to you.
- Warranty – Hostko MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Hostko ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Hostko OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
- THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Hostko ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; Hostko DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Hostko DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
3. Use of Services
- Unlimited space plans – The Hosting Services allow you ‘unlimited’ server space for normal routine non-file-distribution” web usage. For websites that allow downloading of video, audio or other files we reserve the right to limit user account a bandwidth limit of twenty-five (25) gigabytes (26,843,545,600 bytes) per calendar month.
- Any shared account using more than 20 gigs of disk space will be removed from our backup. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
- Excessive CPU, Bandwidth or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.
- Excessive resource usage – cgi scripts, node.js scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by Hostko at will] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. Hostko reserves the right to terminate any process which it deems to be using excessive resource usage.
- Background processes – background process [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from Hostko is server abuse.
- Limitations on system resources - A website or application with each hosted domain may not use more than 25% of system resources in any given time. These limitations are enforced for CPU time, memory consumption and disk R/W operations.
To ensure same quality level of services for all users the provider limits the maximum allowed usage of system resources within one cPanel account depending on the chosen package:
- 1/2 CPU core, LVE 512 MB memory, 20 entry processes, 50000 inodes: H1 and Micro plan
- 1 CPU core, LVE 1GB memory, 50 entry processes, 75000 inodes: Mini and H2 plan
- 2 CPU core, LVE 2GB memory, 80 entry processes, 100000 inodes: S and H3 plan
- 2.5 CPU cores, LVE 2.5GB memory, 120 entry processes, 250000 inodes: M and H4 plan
- Mailing Lists – Hostko has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use these tools accordingly. All full packages include access to the pre-installed Mailman Mailing List Software. Large mailing lists, (those exceeding 500 subscribers) sent using the Hostko Services, must be sent using the mailing list tools that have been pre-installed for this purpose. If your mailing list exceeds 1,000 addresses you should contact Hostko requesting permission to send the mailing through the Hostko servers prior to sending any messages. Sending a large mailing through mailing list software other than Hostko pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.Mailing lists operated on Hostko servers must be double opt-in with specific clear instructions in order to opt-out.
- If your actions have caused HOSTKO mail servers or HOSTKO IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a 100.00 EUR charge to your account and 30.00 EUR per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
- Violation of the above terms will result in one or all of the following:
- A warning from via email or over the phone.
- Removal of DNS for the advertised / originating site.
- Immediate disconnection of service with no re-activation.
- 100 EUR fee assessed to your account for violation.
- You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. Hostko would be the sole arbiter as to what constitutes a violation of this Clause.
- You agree and understand that we have set a limit of 500 outgoing emails per hour on Shared and Reseller Hosting to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.
- Pornography – Hostko prohibits the storage and transmission (inbound and outbound) of pornography with the exception of softcore erotic art. Written permission must be obtained before any pornographic material is stored and/or transmitted through Hostko servers.
- Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.
- Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and Hostko reserves the right of interpretation as to what constitutes abusive practices. In short – if you are unsure that your actions may be perceived as an abuse of service, contact Hostko directly to check with us before proceeding.
- Ignorance of your actions and consequences does not exempt you from liability.
- Hostko reserves the right to financially penalise any customer violating this agreement. The amount the customer is penalised is determined by Hostko. The customer agrees to pay all financial penalties placed by Hostko in full and within 30 days.
- Trafficking of illegal content – in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a Hostko servers.
- IRC sessions – Using Hostko servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any Hostko server. Running IRC from our servers makes them targets for attack. Don’t run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), ‘bouncers’, ‘eggdrops’ and the like are strictly prohibited. We will give no warning before terminating this activity and the account responsible.
- Hacking / Denial of Service – Network activity that constitutes an attack on any internet host from a Hostko is grounds for immediate termination of likely prosecution.
- Hostko prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based).
- Hostko prohibits the use of any portion of our systems to be used primarily to serve file download services.
- Proxy websites and similar are prohibited.
- Any reselling of Hostko services is prohibited unless clearly stated otherwise. Portions of a cPanel shared account may not be resold under any circumstances. Only resources in WebHostManager may be resold under a reseller agreement (i.e. with the purchase of a reseller package).
- Backups - Hostko backs up data for its own use and disaster recovery. The customer is encouraged to make their own backups. Customers may request 1 free restore per month. Hostko makes it backups to an offsite location. We do not make any guarantees on the integrity and reliability of the backups.
- Hostko reserves the right to disable backups being performed on cPanel accounts larger than 20GB. You are responsible for monitoring your total cPanel account file space usage.
- Hostko has the final say and will determine the uptime of our servers and will base its uptime on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/downtime.
- Only one promotion can be used when ordering. Multiple promotions cannot be combined together and used together. Only one promotion per paying account. Hostko reserves the right to refuse a promotion to a customer.
- Hostko reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice.
- Hostko reserves the right to reduce the advertised time of the promotion running time with or without prior notice.
- Hostko reserves the right to delay provisioning of bundled account features (i.e. RapidSSL, WHMCS License, etc.) until the customer has paid for their next hosting account renewal.
5. Payment & Bills
- All accounts are set-up on a pre-pay basis only
- Invoices are generated 10 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 3 days after the official due date. If no attempt is made within the next 7 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 10 days from the official due date will pass before we permanently terminate your account.
- All invoices are due on the date stated on the issued invoice(s). Hostko reserves the right de-activate/suspend your hosting account should the invoice not be paid on the stated due date.
- Hostko reserves the right to charge a 25% late fee of the total invoice value for any account that has not been paid in full on due date stated on the invoice.
- Hostko may at its own discretion provide a grace period to customers with an overdue invoice. The grace period will be determined by Hostko. Hostko may not inform the customer of the grace period.
- Hostko will suspend your account if outstanding bills have not been paid by the stated due date on the issued invoice(s).
- If after 7 days outstanding bills owed to Hostko have not been paid in full and no further credit arrangements have been made, Hostko will terminate all hosting accounts and deactivate all other services purchased through Hostko until all owed amounts have been paid in full.
- Accounts will continue to accumulate invoices and further charges until the customer informs Hostko of its intentions to cancel the account in accordance with the cancellation procedures. The customer is obligated and responsible for paying for all accumulated charges.
- After account suspension, Hostko will not provide you with any account backups unless the full outstanding bill has been paid in full before backups are deleted.
- Hostko reserves the right to impose a re-activation fee for accounts that have been suspended.
- Hostko reserves the right to impose a late fee for circumstances where your bill has not been paid in full and on time
- If you have a credit card on file, you authorise Hostko to automatically charge the card upon due date.
- If you have a credit card on file, but your primary method of payment is not credit card, and your account is overdue, you authorise Hostko to charge the credit card it has on file.
- If overdue accounts remain unpaid for a period of 30 days, Hostko may pass your details to a 3rd party debt collection company or sell the debt. In such cases, Hostko will impose a 150 EUR collections & administration fee.
6. Refunds & Cancellations
- You can only cancel your account by opening a support ticket with our billing department supplying your: Main account domain, username, password, subscription number or latest order number.
- If you do not cancel using the procedures set in section 1, your account will not be canceled and will be subject to charges.
- You must notify Hostko at least 7 days before your next billing due date.
- If you do not notify Hostko at least 7 days before your next billing date with your intent to cancel, you will be charged for any subsequent months where the cancellation notice has not been provided to Hostko at least 7 days before the due date.
- Only first-time accounts are eligible for a refund. If you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us
- The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
- Bank Wire Transfers
- Money Orders
- There will be no refund for new domain registrations, ID Protect, WHM/cPanel, SSL Certificates and Site Builder as these are purchased from External Vendors & Hostko does not get any refund in case of cancellation of licenses.
- Accounts canceled under our 14 day money back guarantee are subject to a full refund for the hosting account only (less any additional fees), UNLESS the account was purchased under a special promotion held by Hostko.
- Accounts purchased under any Hostko promotion (with our without coupon code) are EXCLUDED from the 30 day money back guarantee.
- Hostko Dedicated Servers and Virtual Private Servers (VPS) are excluded from the money back guarantee.
- If you have violated our Terms of Service, the money back guarantee no longer applies to you
- Domains, SSL certificates, IP addresses and any additional services ordered are not governed by our money back guarantee.
- If you are requesting credit under our 99.9% uptime guarantee (i.e. we did not provide you with 99.9% uptime), then the request must be submitted within 72 hours of the incident happening. Otherwise the request will be void.
- You must allow up to 30 days for credit and refunds to be processed and applied to your account
- If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will not be refunded. Customers have 14 days to request a refund regardless of how many days, weeks, months or years you have paid for.
- If you are using our domain reseller account services, and cancel your account, the domain reseller account will be suspended and any funds loaded in the domain reseller will be forfeited. Any domains in the domain reseller will also be forfeited. The customer is thus responsible for transferring any domains away from our domain reseller before terminating an account with us.
7. Money Back Guarantee
- Dedicated servers, VPS Hosting & domain registrations are not included under the money back guarantee policy.
- Hostko reserves the right to decide whether or not to issue pro-rated refunds under such circumstances.
- All subscribers of managed Shared Hosting, Reseller Hosting plans carry a 14 day unconditional money back guarantee. If you find the services to be deficient or unsatisfactory, you are entitled to a full refund of the contract amount within the first 14 days of the date of account set-up
- We also provide a price-freeze guarantee. You never have to pay more than the initial amount you sign up for your hosting service. Hostko reserves the right to change the resource allocation for its services & also to change the prices listed on the website.
8. End-User Support
- If your package includes end-user support, Hostko will only begin the end-user support part of the package once you provided us with your company name, email to send notifications to and desired password. This must be done via ticket.
- Hostko has no guaranteed response time but aims to respond within 24 hours.
- Hostko will be acting on your behalf. Thus you are responsible for the content and nature of the replies Hostko provides.
- Hostko does not provide support desk installation or help with configuration of a support desk. This is the responsibility of the customer.
- Customer must use the helpdesk provided by Hostko in order to use our end-user support service
- Hostko will keep itself anonymous and make every attempt to ensure your customers do not find out about Hostko but we cannot guarantee your customers will not be able to find out about us by themselves.
9. Support Restrictions
- Hostko does not provide support for 3rd party scripts including all scripts listed in Softaculous, Fantastico, RVSiteBuilder, WHMCS, ClientExec and any other script unless explicitly stated.
- If you open a ticket requesting support for a 3rd party script, your ticket will be reprioritized as low priority and may be closed without an answer.
- The offer of any particular service does not constitute an obligation on Hostko part to tutor the necessary skills to utilize that service, only to provide system-specific information.
- Problems with domain names/DNS issues are NOT directly the responsibility of Hostko. DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of Hostko, then the task of acquiring a solution will fall back into your hands. Hostko will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.
- Hostko covers free initial migration from your previous host. This service is limited to cPanel/WHM to cPanel/WHM transfers. We offer basic troubleshooting after account migration to ensure things have been transferred successfully. Hostko does not cover 3rd party script troubleshooting. It is your responsibility to ensure your scripts are compatible with our server environment.
- The same support restrictions also apply to our end-user support.
- Technical support shall be available to customers via emails published on providers’ websites along with working hours.
- The provision of support may depend on or may be restricted to a certain type of subscription relationship or with the service provider's pricelist.
Ptuj, February 20th, 2019