The use of services from HostStore [hereafter referred to as "HostStore" and "Service Provider"] constitutes agreement to these terms. You may view our Privacy Policy here.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we
and/or our payment partner(s) have screened the order(s) in case
of fraud. It is your responsibility to provide us with an email
address which is not @ the domain(s) you are signing up under. If
there is ever an abuse issue or we need to contact you, the
primary email address on file will be used for this purpose. It is
your responsibility to ensure the email address on file is current
or up to date at all times. If you have a domain name registered
with HostStore, it is your responsibility to ensure that the
contact information for your domain account and your actual domain
name(s) is correct and up-to-date. HostStoreis not responsible for
a lapsed registration due to outdated contact information being
associated with the domain. If you need to verify or change this
information, you should contact our sales team via email.
Providing false contact information of any kind may result in the
termination of your account. In dedicated server purchases or high
risk transactions, it will be necessary to provide government
issued identification and possibly a scan of the credit card used
for the purchase. If you fail to meet these requirements, the
order may be considered fraudulent in nature and be denied.
Deliveries
On orders for shared web hosting, dedicated
and VPS services is within 72 hours of the order.
However, for custom order, such as orders for a high
volumes of servers, the delivery time may be longer than 72
hours and the 72 hour period is not guaranteed.
Transfers
Our transfers team will make every effort to help you move your site to us.
However, transfers are provided as a courtesy service, and we cannot make
guarantees regarding the availability, possibility, or time required to
complete an account transfer. Each hosting company is configured
differently, and some hosting platforms save data in an incompatible or
proprietary format, which may make it extremely difficult if not impossible
to migrate some or all account data. We will try our best, but in some cases
we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your
sign up date. Transfers outside of the 30 day free period will
incur a charge; please contact a member of the transfers
department with specific details to receive a price quote.
2.) Content & Usage
The customer agrees to indemnify and hold harmless HostStore from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder or performing any other sort of illegal activity including breaking any parties' rights will result in the immediate termination of your account with no refund provided. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright, trademarks or your rights are being infringed upon, please email HostStore at abuse @ hoststore.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Using a shared account as a backup/storage device is not permitted,with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
Examples of Prohibited material/activity on all shared/dedicated servers and vps include:
IRCD (irc servers)- IRC Scripts/Bots
- Pirated Software/Warez
- IP Scanners
- Ad Click Bots
- Ad Fraud Activity
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/spam Scripts
- Escrow
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden
Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate
permit(s)
- Prime Banks Programs
- Lottery Sites
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal
content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at
aa419.org & escrow-fraud.com)
- Mailer Pro
HostStore services, including all related equipment, networks and network devices are provided only for authorized customer use. HostStore systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized and lawful purposes.
Use of HostStore system(s) constitutes consent to monitoring
for these purposes.
Any account found connecting to a third party network or system
without authorization from the third party is subject to
suspension. Access to networks or systems outside of your direct
control must be with express written consent from the third
party. HostStore may, at its discretion, request and require
documentation to prove access to a third party network or system
is authorized.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email.
We reserve the right to refuse service to anyone. Any prohibited activity that is mentioned in this agreement or any other activity that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (and the service might be discontinued as result of terms violation with no refund provided), with or without prior notice.
By signing up for any of our services you confirm that you’ve read and are agreeing to these terms and conditions. If in doubt regarding the acceptability of your site or service,
please contact us at abuse@hoststore.com and we will be happy to
assist you.
Potential harm to minors is strictly forbidden, including but
not limited to child pornography or content perceived to be
child pornography (Lolita):
Any site found to host child pornography or linking to child
pornography will be terminated immediately without notice.
Resellers: we will suspend the site in question and will notify
you so you may terminate the account. We will further monitor
your activity; more than one infraction of this type may result
in the immediate termination of your account.
Direct customers: Your services will be terminated with or
without prior notice.
Violations will be reported to the appropriate law enforcement
agency.
Important
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and purchased
lists will be treated as spam. Any user who sends out spam will
have their account terminated with or without notice.
Please read http://www.hoststore.com/mail-policy for our
generalized mail policy.
Please read http://www.hoststore.com/dedicated-mail-policy for
our dedicated server mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on
our servers. This provision includes, but is not limited to SPAM
sent via fax, email, instant messaging, or usenet/newsgroups. No
organization or entity listed in the ROKSO may be hosted on our
servers. Any account which results in our IP space being
blacklisted or used for spamming will be immediately suspended and/or terminated.
HostStore reserves the right to require changes or disable as
necessary any web site, account, database, or other component
that does not comply with its established policies, or to make
any such modifications in an emergency at its sole discretion.
HostStore reserves the right to charge the holder of the account
used to send any unsolicited e-mail a clean up fee or any
charges incurred for blacklist removal. This cost of the clean
up fee is entirely at the discretion of HostStore.
4.) Payment Information
You agree to supply appropriate payment for the services
received from HostStore, in advance of the time period during
which such services are provided. You agree that until and
unless you notify HostStore of your desire to cancel any or all
services received, those services will be billed on a recurring
basis. This includes when accounts are suspended. When an
account's invoices are paid outside of the 10 day grace period,
invoices will not be automatically generated. However, after the
customer notifies HostStore of his or intent to resume service,
invoices will be manually generated and payment expected for the
time the account was suspend
Important:
Cancellations MUST be done via Request Cancellation form which
can be found in the client billing interface at:
https://secure.hoststore.com/clientarea.php
under "My Products & Services" and/or "My Domains". Selecting
the specific service at that location, will bring you to the
edit/modify screen for that service, where a Request
Cancellation option appears. The Cancellation Request MUST be
submitted 10 days before the renewal date. HostStore does NOT
accept cancellation requests via email, phone, or support
ticket. Not using the service, non-payment, or moving your
service elsewhere, is NOT a valid method of cancellation---nor
are we aware when such is done.
As a client of HostStore, it is your responsibility to ensure
that your payment information is up to date, and that all
invoices are paid ON TIME. You agree that until and unless you
notify HostStore of your desire to cancel any or all services
received (by the proper means listed in the appropriate section
of the Terms of Service), those services will be billed on a
recurring basis, unless otherwise stated in writing by HostStore
. HostStore reserves the right to bill your credit card or
billing information on file with us.
HostStore provides a 10 day grace period from the time the
invoice is generated and when it must be paid. Any invoice that
is outstanding for 10 days and not paid will result in a $35
late fee and/or an account suspension until account balance has
been paid in full. The $35 late fee is applied in addition to
whatever else is owed to HostStore for services rendered. Access
to the account will not be restored until payment has been
received.
It is the customer's responsibility to notify our sales team via
email at sales@hoststore.com after paying for a domain renewal
and to ensure the email is received and acted upon. Domain
renewal notices and invoices are provided as a courtesy reminder
and HostStore cannot be held responsible for failure to renew a
domain or failure to notify a customer about a domain's renewal.
Invoices that have been paid more than once with multiple Paypal
Subscriptions can only be added as credit towards the account
and cannot be refunded via Paypal. If you require assistance
with this provision, please contact sales@hoststore.com
HostStore reserves the right to change the monthly payment
amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup
service is provided to you as a courtesy. HostStore is not
responsible for files and/or data residing on your account. You
agree to take full responsibility for files and data transferred
and to maintain all appropriate backup of files and data stored
on HostStore servers. Backups will not be provided for accounts
that have been suspended or terminated for any reason unless
otherwise agreed to in writing by HostStore.
6.) Cancellations and Refunds
HostStore reserves the right to cancel, suspend, or otherwise
restrict access to the account at any time with or without prior
notice.
Any abuse of our staff in any medium or format will result in
the suspension or termination of your services.
Customers may cancel at any time via a cancellation form which
can be found in the client billing interface at:
https://secure.hoststore.com/clientarea.php.
HostStore Offer you an Anytime Money-Back Guarantee on all
shared hosting plans ONLY. If you cancel your shared hosting account we
will provide you with a full refund for the remainder of your
billing cycle term.
The following methods of payments are non-refundable, and
refunds will be posted as credit to your HostStore account:
Bank Wire Transfers
Checks
Money Orders
There are no refunds on Dedicated Servers, Virtual Private Servers (VPS), SSL Certificates, Private registration, Dedicated IP(s) , Administrative fees, install fees for custom software, or domain name purchases.
Customer’s sole remedy for HostStore's nonperformance of
Dedicated servers, Virtual private servers, SSL Certificates
will be a credit issued in the HostStore account.
Orders for servers that need more than 5 IP addresses (IPs) may
require IP justification as per American Registry for Internet Numbers guidelines, there is no guarantee that approval
will be granted. If the IPs are not approved or cannot be
obtained, there will be no refund for the servers ordered and
only a credit on the account, not a cash refund, will be
provided for the unavailable IPs.
Violations of the Terms of Service will waive the refund policy.
7. Resource Usage
a) Use 25% or more of system resources for longer then 90
seconds (Shared Hosting Only). There are numerous activities that could cause such
problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any
point in time on the server. This includes any and all daemons,
such as IRCD.
c) Run any type of web spider or indexer (including Google Cash
/ AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay
Chat) network.
e) Run any bit torrent application, tracker, or client. You may
link to legal torrents off-site, but may not host or store them
on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes.
i) When using PHP include functions for including a local file,
include the local file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use
include("include.php")
7b.) INODES The use of more than 250,000
inodes on any shared account may potentially result in a warning
first, and if no action is taken future suspension. Accounts
found to be exceeding the 100,000 inode limit will automatically
be removed from our backup system to avoid over-usage. Every
file (a webpage, image file, email, etc) on your account uses up
1 inode.
Sites that slightly exceed our inode limits are unlikely to be
suspended; however, accounts that constantly create and delete
large numbers of files on a regular basis, have hundreds of
thousands of files, or cause file system damage may be flagged
for review and/or suspension. The primary cause of excessive
inodes seems to be due to users leaving their catchall address
enabled, but never checking their primary account mailbox. Over
time, tens of thousands of messages (or more) build up,
eventually pushing the account past our inode limit. To disable
your default mailbox, login to cPanel and choose "Mail", then
"Default Address", "Set Default Address", and then type in:
:fail: No such user here.
7c.) Backup Limit Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9a.) Any-Time Money Back Guarantee
On Dedicated servers, Virtual private servers, SSL
Certificates, Private registration, Dedicated IP(s) ,
Administrative fees, install fees for custom software, or domain
name purchases. no full refund will be honored -- the Anytime
money back guarantee does not apply. We reserve the right to
refund a prorated amount or no refund at all.
Each of HostStore's managed shared and reseller servers carry a
Anytime unconditional money back guarantee on them, you will be
given a full refund of the contract amount. Remember, this is
only for monthly shared or reseller packages and does not apply
to Dedicated servers, Virtual private servers, SSL Certificates,
Private registration, Dedicated IP(s) , Administrative fees,
install fees for custom software, or domain name purchases. no full refund will be honored -- the Anytime money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
HostStore will not activate new orders or activate new packages
for customers who have an outstanding balance with HostStore.
For a new order to be setup or a new package to be activated,
you must have a balance of $0.00, unless otherwise stated by
HostStore in writing.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of HostStore dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact support@hoststore.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. HostStore does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. HostStore will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
11.) Shared (non-reseller accounts) / Semi-dedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.
12.) Dedicated Servers
HostStore reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. HostStore reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@hoststore.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
13.) Price Change
The amount you pay for hosting will not increase for one year from the date of purchase. Thereafter, we reserve the right to change prices listed on hoststore.com, and the right to increase the amount of resources given to plans at any time upon 30 days’ prior notice.
14.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. 15a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold the Service Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Service Provider, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Service Provider against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Service Provider; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Service Provider's server. Terms of Service are subject to change with 10 days prior notification. These Terms of Service are a legally binding contract between the CUSTOMER and SERVICE PROVIDER. By opening an account, or by the use of any service provider service, the customer agrees to the above-stated terms. Anything not listed in the Terms of Service is open to interpretation and change by service provider. administrators without prior notice. All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable. Any violation of these Terms of Service shall result in termination of the account with no refund. Service provider maintains the right to terminate accounts without prior notification. In the case that a customer is terminated for violating one or more of the service provider Terms of Service, service provider reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account. Service provider may at its own discretion allow access to a terminated account. If service provider agrees to provide access to an account which has been terminated due to a Terms of Service violation, the customer will be subject to a one-time charge of $50 or more to cover the cost of hard drives, cloning, processing and shipping.
Arbitration
By using any of HostStore services, you agree to submit to binding arbitration. If any disputes or claims arise against HostStore or its subsidiaries for any reasons, such disputes will be handled by an arbitrator of Service Provider's choice or will be determined by HostStore including the location per each case. We might also select an arbitrator from the American Arbitration Association or the National Arbitration Forum. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.16.) Disclosure and Limitation of liability
EXCEPT AS DESCRIBED IN THE THIS SLA, SERVICE PROVIDER (HOSTSTORE) SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. SERVICE PROVIDER. SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF SERVICE PROVIDER AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON FULL MONTH OF SERVICE. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, SERVICE PROVIDER PROVIDES ALL PRODUCTS AND SERVICES "AS IS", WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND SERVICE PROVIDER HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.
17.) Disclosure to law enforcement
As a rule, Service Provider will notify any subscriber whose information may be requested by law enforcement agencies but Service Provider reserves the right, in an appropriate circumstance as determined in the sole discretion of Service Provider, to provide any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
18.) Changes to the TOS
HostStore reserves the right to revise its policies at any time without notice, provided that existing customers shall be given 10 days’ notice of any change in policy.
[Last updated on: Sep.2015]
