"We" or "Us" includes Hostspicy or any party acting on Hostspicy 's explicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions.
"Member" includes the purchaser of services or any party acting on the purchaser's instructions.
"The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions.
"The Registry" refers to the relevant domain names Registry.
"Server" means the computer server equipment in connection with the provision of the Services, may refer to all services.
"website" means the area on the server allocated by us to you for use by you as a site on the Internet, may refer to all services.
"TOS" includes this agreement.
Hostspicy reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this page.
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
Acceptable Use Policy
You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the server.
We shall not be liable for any damages incurred by data lost due to any incident.
We allow all legal activities as defined by Dutch laws and regulations.
You represent, undertake and warrant to us that you will use the server allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
- You will not use the server in any manner which infringes any Dutch law or Dutch regulation; nor will you authorize or permit any other person to do so.
You will not post, link to or transmit:
- (a) any material which is unlawful, threatening, abusive, malicious or otherwise objectionable as determined by Hostspicy.
- (b) any material containing a virus or other hostile computer program.
- (c) any material which constitutes, or encourages the commission of a criminal offense.
- We take a zero tolerance stance against sending of unsolicited e-mail 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. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or Usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
- You will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.
- If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth on our website. Such payment to be immediate and non-disputable.
Hostspicy reserves the right to require changes or disable as necessary any website, account, database, or another component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Hostspicy reserves the right to charge the holder of the account which abused our services a cleanup fee or any charges incurred for blacklist removal or other actions required to reverse the effects caused by the abuse.
Members using Hostspicy's shared hosting plans are not allowed to host adult content, IRC bots/bouncers, Bitcoin miners, content that may cause a political uproar or provoke attacks, image hosting or similar.
Members using Hostspicy's VPS hosting plans are not allowed to host IRC bots/bouncers, Bitcoin miners, content that may cause a political uproar or provoke attacks, image hosting or similar.
You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.
You shall observe the procedures which we may from time to time prescribe and shall make no use of the server which is detrimental to our other customers.
Members utilizing free hosting shall exclude themselves from promotions offered and afforded to paying Members.
You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
- Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site's mail server to relay mail without the express permission of the site.
- It is contrary to Hostspicy's policy for Members to use our servers to effect or participate in any of the following activities:
- (1)To post to any Usenet or another newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.
- (2)To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Hostspicy provided server, or using a Hostspicy provided server as a maildrop for responses.
- (3)To falsify user information provided to Hostspicy or to other users of the service in connection with the use of a Hostspicy service.
- (a) Consequences of Violation: Hostspicy may, at its sole discretion, restrict, suspend, or terminate a member's account/services and/or pursue other civil remedies if there is a reason to believe the member violates the terms as presented on this page.
- (b) You shall be held liable for any and all costs incurred by Hostspicy as a result of your violation of these terms and conditions including, but not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. Hostspicy 's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received.
- Hostspicy does not issue service credits or refunds for any outages incurred through service disablement resulting from violations of any terms and conditions.
Copyright / DMCA Safe Hosting
Illegitimate use includes but is not limited to copyright abuse reports for content which does not violate any copyrights.
The goal of this protection is to allow our customers to run their businesses without unnecessary interruption and to ensure only those legitimate abuse reports that require their attention will be delivered to them.
In order to achieve this industry leading protection for our customers, Hostspicy does not accept copyright complaints in the form of emails as delivery origins can be spoofed and altered.
Excluding special cases, Hostspicy will not handle in any way or form any DMCA or copyright complaints which were received via any means other than registered mail.
In specific cases, Hostspicy may accept DMCA or copyright complaints sent to Hostspicy via Email. This will be decided at our sole discretion based on the specifics of the discussed copyright violation case.
Furthermore, since the DMCA is a united states law and not a European law or a Dutch law, Hostspicy reserves the right to demand an alternative form of such abuse report from the side reporting alleged abuse.
We will never sell, rent, or disclose your personally identifiable information to outside parties without your consent unless compelled by a court of law to do so or required to do so as part of our service routine (as explained in the following paragraphs).
We do reserve the right to disclose your personally identifiable information (if you are a member) to industry professionals as needed to complete work related to your services.
We also reserve the right to disclose your personally identifiable information to payment processing companies (such as PayPal) in order to resolve disputes and for other similar purposes.
We also reserve the right to disclose your personally identifiable information to 3rd parties in order to provide you with our services properly or to run our business properly and efficiently as we deem appropriate.
In case we believe you are a threat (in any way or form) to Hostspicy, its reputation or its staff members, or other customers, we reserve the right to disclose your private information and/or your personal files and/or hosted content (including intellectual property) to 3rd parties without your consent, as we deem necessary. This will only be done in extreme cases.
This includes but is not limited to providers of services, support and more.
We may send you e-mail regarding our new features, news, or other important update information.
We may use various methods to collect information including, cookies and/or IP addresses.
Hostspicy is committed to protecting your personal files and intellectual property.
We will never access your server unless such access is required from us in order to provide support or maintenance.
When accessing the server, no files will be downloaded or modified unless required to do so for support or maintenance purposes.
Hostspicy utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In any case of a violation, you may be reported to FraudRecord for misbehavior.
We shall have the right to suspend or terminate the Services at any time if we suspect a violation of terms of service or misconduct took place.
It is the member's responsibility to take care of backups for sites or content that may be his or hosted under his services.
We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability.
The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you.
No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions.
If your account is found to have been transferred to another party or shows other activity in breach of this sub-clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
In any case outages and downtime produced by causes out of Hostspicy 's control, refunds will not be sent and compensation may be limited or non-existent. Such causes include natural disasters and other uncontrollable events.
100% Uptime Guarantee
We take responsibility for network availability within our network and for network outages from our bandwidth and connectivity provider, except when such network outages are excluded by other sections of these terms; however, we shall not be liable for any upstream problems outside of our network. Our guarantee is that our network will be available to Customer free of Network Outages 100% of each calendar month.
“Network Outages” or “Unscheduled Downtime” is any unplanned or unscheduled interruption in service availability which was directly caused by us during which Customer is unable to access the services as described in the section titled “Network Uptime” above.
A “Network Outage” is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in our Network as confirmed by us. Downtime and outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
“Scheduled Downtime” is any Hostspicy scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible.
Network downtime is measured from the time the network is 100% unreachable until service is once again restored. In order to request a credit, you must e-mail us at firstname.lastname@example.org within seven (7) days after the last day of the calendar month in which the downtime occurred. For example, if the downtime occurs during the month of December, we must receive your e-mail between January 1 and January 7. E-mail notifications that are not sent within the first seven (7) days of the month immediately following the downtime will not be eligible for credits.
The amount of the credits are determined by the following rule, based on the amount of Network Uptime the Hostspicy network has provided for the month in which a credit is requested:
We will issue credits of 1% from the monthly amount paid for the hosting account (excluding any added cost related to add-ons, upgrades, licenses or configurable options) for each 1 minute of downtime unless the reason for the downtime is listed below as a reason in which no such reimbursement will be made.
If the hosting account is not billed monthly, the refund will still be calculated based on the monthly proportion.
For example, if the hosting account's base cost is $120/Year. The monthly amount is $120 divided by 12 months and so 1% of $10 will be credited for each minute of downtime as explained above.
Under any circumstances, the credited amount will not be more than 100% of the amount paid by the customer for the month.
Any and all credits will be issued based on Hostspicy's sole discretion.
We will review claims of SLA violations during normal business hours and will apply any applicable credit to Customer’s account within up to two billing cycles after Hostspicy receives the Customer's compensation request. We do reserve the right to issue Hostspicy account credit instead of actual payment refunds.
Notwithstanding any contrary provision in this SLA, Hostspicy shall not be liable to reimburse in any form for failure to meet any of the guaranteed service levels where such failure arises from any one or more of the following:
DDoS or DoS attacks, security breaches, natural disasters, hardware related issues, scheduled downtime, maintenance, or upgrades, including without limitations the following:
Maintenance by local public telecommunications and telegraph service providers on access circuits between Hostspicy and the clients’ websites;
Software maintenance made globally on Hostspicy’s network.
Emergency maintenance or upgrades, where such maintenance or upgrades are required by the occurrence of any events outside of Hostspicy’s control;
Failure of access circuits to the Hostspicy Network, unless such failure is caused solely by Hostspicy;
Erroneous SLA outages reported as a result of outages or errors of any Hostspicy measurement system;
Problems outside of Hostspicy’s network (upstream providers, or client’s inbound connection) not effecting 100% packet loss to our network, and interruptions or failures of individual service caused by Customer, Customer’s agents or employees, Customer’s clients, or other third parties, to Customer’s service. These interruptions and failures include, but are not limited to, the following:
• inaccurate configuration,
• third-party software,
• Customer’s abuse or over-utilization of resources,
• acts or omissions of any person for whom Hostspicy is not responsible, or
• any causes whether similar or otherwise outside Hostspicy’s control;
Circumstances beyond Hostspicy’s reasonable control and force major events including but not limited to the following:
catastrophic incidents, vandalism, lightning, power failure, fire, flood, earthquake, acts of nature, emergency, acts of any governmental body, war, insurrection, sabotage, armed conflict, terrorism, embargo, riots, curfew, strike or other labor disturbance, industrial disputes, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks, worms, Trojans, spyware, adware or other malware, failure of third-party software (including, without limitation, e-commerce software, payment gateways, chat, statistics, or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
Services or communications protocols other than hypertext transfer protocol (HTTP).
DNS (Domain Name System) issues outside the direct control of Hostspicy;
Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding, e.g. CGI, PERL, HTML, PHP, etc., any negligence, willful misconduct, or use of Hostspicy’s service in breach of Hostspicy’s Terms of Service, Acceptable Use Policy, or No-Spam Policy;
Faults caused by the client’s equipment, applications, interconnected equipment, networks, systems or gateways and/or the acts or omissions of the Customer, third-party components whether within or outside Hostspicy’s network or the acts or omissions of local exchange carriers or failure of third party services;
Outages elsewhere on the Internet that hinder access to your account or services. Hostspicy is not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it. Hostspicy will guarantee only those areas considered under the control of Hostspicy; or
Disconnection and/or reconnection of the services due to non-payment of any charges payable to Hostspicy or where the services are disconnected by reason of it being used for any illegal, unlawful, or other objectionable purpose described in the TOS, AUP, or No-Spam Policy.
A customer moving from the server where downtime occurred to another Hostspicy server in the same calendar month.
Nature of Credits; Sole Remedy.
Notwithstanding anything to the contrary in this SLA, the total amount credited to the Customer in a particular month under this SLA shall not exceed the total hosting fee paid by the Customer for such month for the affected service.
Credits are exclusive of any applicable taxes charged to the Customer or collected by Hostspicy and are the Customer’s sole and exclusive remedy with respect to any failure or deficiency in service or in the availability of the Customer’s websites.
Payments, Cancellations, Disputes & Chargebacks
We reserve the right to change pricing at any time although all pricing is guaranteed for the period of prepayment.
You are responsible for monitoring resource usage of your server. If you utilize more resources than those indicated in your current plan; you will assess a surcharge as set forth in our pricing structure.
Payment is due each anniversary month, quarter or year following the date in which the services were established until cancellation/closure notice is given.
All payments must be in US Dollars.
We require our customers to submit a request for service cancellation through our client area system no later than one day before the service's due date as it appears on our system. In any case, a member fails to submit such request he will be held liable for all charges that are to be due at the service's due date (or one day before the due date, for that matter). Reversal of funds of any type is unacceptable.
Such reversals include PayPal dispute, Credit-Card or bank chargeback (regardless of payment gateway used), Bank Reversal and any other act that reverts the payment made to Hostspicy.
You confirm that such reversals will not take place to the best of your abilities and that if such do take place you will find an alternative funding source and pay the required amount within two hours from the moment the reversal occurred.
When Hostspicy is informed of a reversal of funds, the related service will be suspended or terminated (by our sole discretion).
Renewal of access may be possible after the reversal is resolved completely and after a $25 fee for Reversal Fee is paid.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend or terminate the provision of Services to you.
If you violate any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you or any refund liability.
If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
We reserve the right to suspend the Services and/or terminate this Agreement at any time.
You may cancel the Services at any time by logging into the Client Area (required for ownership verification purposes) and requesting cancellation of services.
On termination of this Agreement or suspension of the services, we shall be entitled immediately to block your server and to remove all data hosted on it.
Limitation Of Liability
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
In any event, no claim shall be brought unless you have notified us of the claim within one year of it arising.
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Refunds will be issued in cases when the product did not function as it should have or when we have failed to live up to our promises regarding the level of service. This will be decided by our sole discretion.
Hostspicy may or may not provide a refund to any customer at its sole discretion, depending on the specifications of each and every individual case.
Every new server incurs an estimated 25% setup fee charge that is transparently discounted from the total server cost to the customer. As a result, the setup is free. In cases when the customer requests a refund for any reason, this setup fee will not be refunded. This includes cases in which the customer does not wish to complete our fraud prevention procedure.
If we are uncertain whether a certain payment is a valid payment (and not a fraud payment), we reserve the right to demand a copy of further identifying documents (such as a photo ID). By ordering our services, you agree to provide such identifying documents upon request. Failure to provide such documents within 48 hours from the moment requested may cause order cancellation and payment refund of 75% from the original amount paid (up to 25% of the original order payment may not be refunded, at our sole discretion).
You may purchase our technicians' services at the rate of 75 per hour, with one hour minimum billed. We reserve the right to waive or alter this fee at any time.
Support can only be addressed in English through our Support System.
All Support requests are to be processed through our Support System.
Hostspicy can't guarantee support reply times. Support may sometimes take as long as 48 business hours or more to reply to support tickets and requests. This may happen in extreme cases and is not the norm.
For that matter, product setups and services are considered support replies and may too take 48 business hours and more.
Slow reply times are not a reasonable cause for a refund. Even though 24x7 (twenty-four hours, seven days a week) Support is one of the features that we provide with almost all of our services, we reserve the right to cancel this feature at any time and to no longer provide this type of support without prior notice.
We would like to note that such action will only be taken under the most extreme circumstances when we believe a customer is wasting precious valuable support resources or when we otherwise believe it's vital that the support for the specific customer will be blocked.
Domain Name Registration
You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered.
Any action which is taken by you before such notification is at your risk.
The registration and use of your domain name are subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them.
You shall have no right to bring any claim against us in respect of refusal to register a domain name.
Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name or service.
We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment for that domain has been received by us.
Any abuse towards any Hostspicy employee or Hostspicy as a whole will not be tolerated and will be considered a breach of these terms and conditions.
You are expected to contact our staff in a professional and respecting manner. Any threat; whether verbally, orally, written, or delivered by second parties directed towards Hostspicy or any of its employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
Any conduct viewed as violating this section shall be considered a violation of this TOS. Hostspicy will be the sole arbitrator in regards to what is deemed a violation. No refunds shall be given when the contents of this section cause a removal and/or cancellation of the account. The details you provide to us about yourself (including but not limited to your full name, your home address or your personal phone number) must at all times be accurate. In case we find that the details provided are inaccurate in any way - we reserve the right to assume fraudulent activity under your account and terminate it without any refund or notice.
No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.
In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
Hostspicy reserves the right to amend these TOS at any time and without notice.
It is your responsibility to check these Terms of Service on occasion for any such amendments.
Hostspicy does not guarantee to provide any product or service arranged and/or confirmed by a Hostspicy staff member or on our website. Products and/or services are provided based on existing stock. This may often be assessed after the order is placed.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.