Terms of Service
GENERAL PROVISIONS
1. Host1Plus.com rules for website creation (hereinafter referred to as Rules) regulate the conditions and procedures for the provision of services by Host1Plus.com hosting service and other services ordered by the Client.
CONCEPTS
1. In these Rules, except for cases when context requires other meaning, the following terms, started with a capital letter, have such meanings:
„Invoicing period“ – means a period during which the Client received certain services and now has to pay for these services. This period equals one calendar month, except for cases when it is indicated otherwise in the Service order form;
„Server“ – means a server (service station) owned and/or managed by Host1Plus.com. The server consists of hardware and software. Host1Plus.com uses this Server in order to provide Services to the Client;
„Website“ – means the Host1Plus.com website available through the symbol address http://www.Host1Plus.com;
„Client“ – means a person who uses Services in accordance with the Agreement signed with Host1Plus.com;
„Client‘s Website“ – means Client‘s website which is put in the server while the Client is using Services;
„Shortest period of service usage“ – means the shortest period when the Client undertakes to use Services and pay for them in accordance with the price set in the Agreement;
„Account“ – means account which enables the Client to administer Services independently;
„Services“ – mean a service of hosting service and other services, ordered by the Client, which are indicated in the Service order form and which the Client orders in accordance with the Agreement;
„Date of commencement of services“ – means time when the Client can start using the ordered Services in accordance with the terms set in the Rules;
„Service order form“ – means a form filled by the Client, where he/she orders Services, chooses technical conditions, provides all information necessary for provision of Services. Additional terms and conditions for provision of ordered Service, as well as payment order and price of Service provision, are also set in this form;
„Availability“ – means the relation between time when the Supplier ensures the provision of Services during the Invoicing period and the whole time of the Invoicing period, expressed in percentage;
„Privacy policy“ – means the document where the Host1Plus.com rights and obligations related to the Clients’ personal information management and privacy are enumerated. The document can be found https://www.Host1Plus.com/popup_content.php?ac=privacy-policy;
„Agreement“ – means the agreement of Service provision signed between the Client and Host1Plus.com with public Rules, Terms and Conditions of Service provision, Service tariff, separately prepared Service orders, other Appendices, changes and updates. Service orders provided by the Client to Host1Plus.com in a specialized form, become a part of the Agreement from the moment when the Client actually starts receiving ordered Services;
„Technical support works“ – means changes, maintenance and repair of Server or other hardware, as well as regular inspection of hardware and software;
„Content“ – means all and any information including but not restricting to data, databases, symbols, text, software, music, sounds, photographs, images, video material, content of emails, documents, created accounts, Client‘s website, which is put or is available at the Virtual server and/or Client‘s website or to which references are given from the Virtual server and/or Client‘s website and any other information that is received, stored, sent, accepted or transferred when using Services;
„Hosting account“ – means an area in the Server, provided to the Client in accordance with the specification in the Service order form, where the Client can put Client‘s website.
1. In these Rules, except for cases when context requires otherwise, words indicating singular include plural and vice versa. Similarly, words indicating natural person also indicate legal person.
2. The names of the articles of these rules are simply used for convenience and do not have any influence on interpretation by Parties.
TERMS AND CONDITIONS FOR SERVICE PROVISION
1. Client orders Service by filling in Host1Plus.com Service order form.
2. Services are started to be provided to the Client as soon as the Service order form is submitted to Host1Plus.com and first payment received for service, except for other cases indicated in these Rules.
3. Host1Plus.com has no responsibility to control or monitor any Client‘s safety, sent and/or received Content when Services are being used.
4. When using Services, the Client is prohibited to carry out any actions opposing applied legal acts, good morality or violating rights of third parties, including but not restricting to:
1. usage of Services in a way that can cause harm to the appropriate operation of services provided by Host1Plus.com, safety of Server and/or Virtual server, integrity or restrict possibilities of Host1Plus.com to provide any services to the third parties in an appropriate manner, or restrict the possibility of others to use any services provided by Host1Plus.com;
2. store, publish, send, distribute, make publicly available or otherwise transfer any Content considered by legal acts to be prohibited or limited, injurious, threatening, discriminative, false, violating others’ rights or opposing requirements of legal acts, including:
- copyright infringing Content;
- gaming server Client‘s Websites;
- high resource use Client‘s Websites;
3. by any means to publish, make publicly available and/or distribute references to any Content that can be considered as violating requirements of applied legal acts or rights of third parties;
4. usage of Services for actions that could harm other people, their wealth and legal interests;
5. usage of Services in such a way or for such actions that could violate others’ rights to intellectual property;
6. send or otherwise distribute unwanted emails (SPAM), harmful software, viruses and other unwanted Content, as well as to send emails or other electronic messages with the aim to affect and knowing that they will affect operation of computer software and hardware of computer networks.
5. Shortest period of service usage is determined in the Service order form. The counting starts when Services are started being provided. The shortest period of service usage does not have to be determined necessarily. When Service provision is temporarily suspended or limited in such a case as described in Section 5.2.1 (when the Shortest period of service usage has not yet finished), the Shortest period of service usage is expanded for a period that equals the days when Service provision was suspended.
6. When using Services, Clients may be provided with certain temporal IP addresses that will not become the Client’s property and after the termination of this Agreement will not be transferred to the Client and the Client then will not have the right to use them. The Client will not gain any rights to IP addresses except for cases that require them during the period of Agreement for purposes related to the achievement of technical goals. The Client will be responsible for any changes in software and hardware due to the loss of IP addresses after the termination of this
AGREEMENT
7. In case the Client exceeds limits of volume of Content flow for his chosen Service volume, Content that is being sent, received or saved by the Client or other people who are using Services ordered by the Client, can be rejected, deleted, removed and the provision of any Services can be otherwise limited. Additional price is indicated in the Service order form. The Client has to pay this price to Host1Plus.com for every additional unit of Content flow volume, if the Client uses Services even after exceeding Content flow volume. Host1Plus.com has the right to estimate Content flow volume without any discussions with Client. Such estimated results will be obligatory to the Client.
AVAILABILITY
1. Services will be considered to be provided appropriately when Service Availability is no less than 99.5 per cent during the Invoicing period. Services may be not provided 0.05 per cent of time during the Invoicing period. Services provided under such conditions will be considered to be provided appropriately and the Client will not get any compensation for time, indicated in this Article, when services were not provided.
2. For Availability less than 99.5 per cent during the Invoicing period, Client will be compensated the following way: the compensation will be proportional to the time when Services were not provided, i.e. the next payment for Services will be reduced for the Service the Availability of which was less than 95 per cent. If Availability of less than 95 per cent is recorded during the last month of validity of this Agreement and if the Agreement is not extended, the Client does not receive any compensation. The client will get no any other compensation except for that indicated in Article 4.2 of these Rules for non-provision of Services indicated in the Agreement and losses that occur due to the non-provision of Services.
3. For the purposes of Article 4, Services are considered to be provided inappropriately or are considered as not provided at all, and such inappropriate operation or non-provision of Services, taking into account other conditions of these Rules, is counted into the time of Availability only if nobody can use Service for a period of more than 3 (three) minutes successively.
4. Time when Services operate inappropriately or are not provided will be reckoned in the Availability time only when and from the moment when the Client informs Host1Plus.com in writing, by email or telephone and Host1Plus.com registers the complaint.
5. The following aspects are not included in the time used to determine Availability:
1. time needed for technical support works;
2. time when Services were not provided or were provided inappropriately due to certain activities or omission of activities by third parties, including (but not restricting to) Internet connection of Host1Plus.com, electric power or any other services;
3. time when Services were not provided or were provided inappropriately due to the fault of any third party, not Host1Plus.com;
4. time when Services were not provided or were provided inappropriately as a result of certain Client’s actions or omission of actions;
5. time when Services were not provided or were provided inappropriately as a consequence of breakdown of hardware or software, owned or managed by the Client, or any incompatibility with hardware or software owned or managed by Host1Plus.com after certain changes or alterations had been made;
6. time when Services did not operate during the installation period, during the preparation time for the new ordered Services to be installed or when certain Services are being modified;
7. time when Host1Plus.com had a right or responsibility not to provide Services or to restrict their provision in accordance with terms and conditions indicated in these Rules and/or Agreement;
PARTIES’ RIGHTS AND RESPONSIBILITIES
1. Host1Plus.com undertakes:
1. to provide the Client with Services for the price indicated in the Agreement and its appendices;
2. at the earliest opportunity and in advance inform the Client about Technical support works;
3. to put reasonable efforts in order to ensure physical safety of Server in which Client’s Virtual server is found;
4. within a reasonable period remove any disorders of Service provision that prevent the Client from usage of Services and that occur due to the fault of Host1Plus.com.
1. Host1Plus.com has the right to:
1. temporarily restrict the availability of all or part of Content and/or to temporarily suspend the provision of all or part of Services:
2. when the Client fails to fulfill or fulfills inappropriately obligations set in this Agreement. In such a case, restrictions in Service usage may not last for more than 30 (thirty) calendar days. If during the period of 10 (ten) days since the start of these restrictions the Client does not correct violations indicated by Host1Plus.com either in written or oral form, Host1Plus.com has a right without going to law to terminate Agreement and not to repay the client any amount of money for Service usage;
3. if Host1Plus.com thinks that this is necessary in order to carry out Technical support works;
4. when requested by competent authorities or when it is necessary for cases set in the law of the Republic of Lithuania or other legal acts;
5. when it needs to be done in order to protect the rights and interests of Host1Plus.com or third parties;
6. in other cases, identified in the Agreement or Rules.
2. after informing the Client at least 2 (two) days in advance, to take actions necessary to update and/or change hardware and/or software used to provide Services, change any terms and conditions of Service provision and/or technical parameters, including (but not restricting to) the place of Server, Virtual Server, provider of Internet connection, IP addresses given to the Client, and to temporarily suspend and/or limit Service provision in order to carry out these actions;
3. without any notification to use third parties in order to carry out any actions related to the Agreement, as well as to give its rights and responsibilities (of part of them) to third parties;
4. after informing the Client at least 3 (three) months in advance, to terminate the provision of all or a part of Services as a result of major changes in the activity of Host1Plus.com or when Host1Plus.com stops providing all or a part of Services.
3. The Client undertakes:
1. to use Services for at least the Shortest period of service usage, if it is indicated in the Service order form. This period is automatically extended for a 12-month period each time if the Client does not express his/her objection to the extension of the Shortest period of service usage at least 1 month till the end of the Shortest period of service usage;
2. to pay for the Services that are provided by Host1Plus.com according to the procedures set out in Article 6 of the Rules;
3. to immediately, but not later than in 1 (one) day from the request, present conditions that were indicated by Host1Plus.com so that Host1Plus.com could perform Technical support works and/or to provide Services properly and on time;
4. to regard and not to offend the set behavior and moral norms, not to offend the requirements set in legal acts including legal acts that regulate the protection of intellectual property, security of personal documents, regulation of promotion and others as well as not to offend the rights and legal interests of a third person.
5. to inform Host1Plus.com in advance about planning, considering, possible or existent significant increase in Content’s flow;
6. to immediately report Host1Plus.com in a written form about Service malfunction;
7. to immediately, but not later than in 1 (one) day from the request, remove from Virtual server such Content that, in Host1Plus.com opinion, may offend the demand of certain applied law acts, has potential threat to the security of the server or Server security, of service quality that Host1Plus.com provides and the reputation of Host1Plus.com as well as implementing the Contract etc;
8. to ensure that individuals who in any way use Virtual service, Client’s Website, Services and their main menu, do not offend the 3.4 point of the Rules.
1. The Client has a right:
1. after the Client has received an agreement from Host1Plus.com and according to conditions and regulations that were set by Host1Plus.com, to subscribe new Services and/or change the characteristics that present Services have;
2. not later than in 10 (ten) days from the day when the Services provided were poor, to complain to Host1Plus.com. Later complaints will not be accepted or analyzed and it will be considered that the provided Services were eligible. Presented complaint does not discharge the Client from the obligation to pay the bill for Host1Plus.com
PAYING FOR SERVICES
1. The amount of Host1Plus.com that the Client has to pay is calculated according to the rates that were present when the Service was provided and that are present on the Website. Service payment is calculated from the first moment when the Service is provided.
2. For the Services that were provided during the Reporting cycle the Client pays for Host1Plus.com not later than till the 10 (tenth) day of the next period of the Reporting Cycle by transferring the amount of money that is indicated in the bill to Host1Plus.com. The money is sent to the bank account of Host1Plus.com that is indicated in the bill or in the Website unless it is noted otherwise in the form when the Client subscribes the Service.
3. The Client has to inform Host1Plus.com if s/he does not get the bill for the Service for longer than 7 (seven) days after the Reporting cycle is over.
4. Value-added tax is not included into the bill as well as taxes or fees, except the ones that Host1Plus.com pays in regard to its income, unless the Contract states otherwise. All the taxes and fees that are not related to the income of Host1Plus.com, if such must be paid, including value-added tax will be paid by the Client.
5. Hots1Plus.com presents the Client bills for Services by emailing them according to the contacts that were indicated by the Client. The Client can get the bill in paper form only by making a special request. In such a case, the Client is obliged to pay for every bill that was sent to the Client
PERSONAL DATA
1. Host1Plus.com rights and responsibilities related to the management of Client’s personal information and privacy are discussed in Privacy policy.
2. when filling in the Service order form the Client undertakes to provide only correct Client’s data (hereinafter referred to as Personal data).
3. when using Services, the Client can create himself/herself or get a user’s name, password or other data needed to access the Account and/or receive Services (hereinafter referred to as Login data).
4. any actions carried out by third parties with Client’s Personal data or Login data are considered to be carried out by the Client and will have the same legal and/or other consequences as when carried out by the Client himself/herself.
RESOURCE USAGE
Host1Plus.com enforces a strict policy on resource use that all accounts must abide by. Any Client‘s Website running a process that requires more than 128Mb of PHP memory limit, more than 30 CPU seconds and 1GB of RAM (Random access memory) will be required to move up to a dedicated server or cloud vps. Web sites requiring the high CPU-use CGI scripts, CGI-based chat rooms, CGI-based forums, background running programs IRC, webcams and hotlinking are also limited and may not even be allowed at all.
BETA CLOUD VPS USAGE
1. Host1Plus.com has a right to delete any beta cloud vps without any warning;
2. Host1Plus.com has a right to stop the beta cloud vps campaign anytime without any notice;
3. Beta tester is not allowed to brake any rules of Host1Plus.com terms of service;
4. Beta tester must start to use beta cloud vps within 2 (two) days from initial sign up;
5. Beta tester verification fee is not refundable;
6. Beta testers can have no more than 3 (three) virtual machines;
FREE CLOUD VPS USAGE
1. Host1Plus.com remain the right to terminate any VPS for abusive behavior or TOS violation under our sole discretion. In most cases (Depending on the nature of violation), a prior notification will NOT be sent;
2. Host1Plus.com has a right to stop the free cloud vps campaign anytime without any notice;
3. Free cloud clients are not allowed to brake any rules of Host1Plus.com terms of service;
4. 2 (two) free cloud vps virtual machines are allowed per user only;
PROMOTION CODES AND DISCOUNT USAGE
Any account which is found violating usage of discount codes or promotional campaigns will be reviewed by fraud department and the appropriate invoices will be issued to the account. Coupon/promotion abuse will not be tolerated or accepted in any way and may result in the suspension or termination of the account.
PARTIES’ RESPONSIBILITIES AND ITS LIMITATIONS
1. The Client implicitly agrees and confirms that:
1. he/she, but not Host1Plus.com, takes responsibility for any actions of third parties if they were carried out with the Client’s Login data; and all obligations and responsibilities related to any actions of third parties if they were carried out with the Client’s Login data are ascribed to the Client in accordance to the maximum power of legal acts;
2. he/she, but not Host1Plus.com, takes responsibility for all Content which is received, sent, stored or otherwise used while using Services;
3. the Client takes responsibility for all actions that are carried out by the Client or third parties, when using Services provided to the Client;
4. Host1Plus.com does not control Content that the Client can receive while using Services; therefore, Host1Plus.com does not have to ensure and does not ensure accuracy, integrity, safety, legitimacy and/or quality of Content; the Client takes responsibility for the control of Content;
5. If the Client terminates Agreement prior to the end of the Shortest period of service usage (if identified), the Client has to pay all Service price for the remaining part of the Shortest period of service usage, indicated in the invoice, no later than within 10 (ten) days after Host1Plus.com issues the invoice.
6. If the Client does not pay any invoices provided by Host1Plus.com, the Client has to pay 0.02 per cent delay charges from the unpaid sum of money for each delayed day; Host1Plus.com immediately acquires the right at its own discretion to limit Service provision. If the Client does not pay any invoices, issued by Host1Plus.com, for a period longer than 10 (ten) days after these invoices were sent by Host1Plus.com, Host1Plus.com has the right to terminate Service provision or to restrict it. In case, due to reasons provided in these Rules, Service provision to the Client was terminated altogether, the Client has to pay a onetime 50 (fifty) USD charge for the renewal of Service provision. A party that avoids paying in accordance with the Agreement, shall make amends to the other party for all expenses related to debt recovery, including (but not restricting to) expenses for legal support (lawyers) and/or arbitration expenses.
5. Despite all the things mentioned anywhere in these Rules or Agreement, Host1Plus.com’s responsibility for damage done to the Client as a result of breach of Rules and/or Agreement, inappropriate Service provision or non-provision of Services altogether, is limited to the amount which the Client has already paid to Host1Plus.com for Services in accordance with the Agreement during the Invoicing period when the damage occurred.
6. Host1Plus.com is not responsible for not undertaking obligations of this Agreement and/or Rules, including (but not restricting to) the loss of Virtual Server, Content and damage of Content, if this happened due to some inappropriate actions of third parties, as well as for any damage and/or losses that occurred due to actions of third parties.
7. Host1Plus.com will not be responsible for violation of legal acts which can occur with the usage of any Content that is saved, stored, received or otherwise transferred when using Services. The Client takes all responsibility for violation of legal acts and compensation for damage when it is related to Content and its usage.
8. Host1Plus.com is not responsible for any damage and/or losses that the Client and/or third parties can face, either directly or indirectly, when using Services received by the Client and when sending, receiving, saving or otherwise transferring or making available publically any kind of Content, including (but not restricting to) damage that occurs as a consequence of computer viruses or any other harmful Content.
9. Host1Plus.com will not be responsible for any kind of Content received by the Client or other third parties and its quality, including (but not restricting to) any mistakes or nonconformities in such Content, losses or damage that occurred due to certain Content or presentation, protection, receiving, sending or any other transfer of such content when using Services.
10. the Client undertakes to ensure that Host1Plus.com would never face any legal responsibility, need to pay, reimburse or otherwise compensate any losses, damage or any other expenses to third parties related to the fact that the Client used Services and violated terms of Agreement and/or Rules.
11. In case third parties bring a claim or any other request to Host1Plus.com due to any reasons related to the implementation of Agreement, including (but not restricting to) conditions that Client uses Services and that Host1Plus.com provided the Client these Services, the Client undertakes to act only in accordance with the interests of Host1Plus.com. The Client also undertakes to provide Host1Plus.com all relevant information related to the argument. The Client also undertakes to compensate immediately all reasonable expenses and losses of Host1Plus.com (including approved sanctions, reasonable and valid legal expenses etc.), related to the claim of third parties and requests of any other scope being examined in the court or any other institution that analyses disputes, complaints and statements
INTELLECTUAL PROPERTY
1. Neither these Rules, nor the Agreement gives or transfers the Client any rights to intellectual property.
2. All rights to software used during the process of Service provision are protected and belong to Host1Plus.com or Host1Plus.com uses them legally.
SENDING OF INFORMATION
1. Host1Plus.com sends messages, requests, questions and any other information to the Client. All this information is sent either to the email or place of residence indicated in the Personal data section. All information sent to the Client by email in accordance with the Agreement and/or Rules is considered to be received by the client three hours after being sent.
2. Host1Plus.com takes no responsibility for any and all disorders of the networks of Internet connection and email providers due to which the Client does not receive newsletters or any other emails from Host1Plus.com. The existence of a copy of an email sent to the Client in Host1Plus.com server is a valid proof that any relevant information was sent to the Client.
3. The Client sends all notices, requests and questions to addresses indicated in the “Contacts” section of the website.
