Last updated: July 31, 2018
Terms Of Service
- Hostspicy Web Solutions Services, including Hostspicy Company's subsidiaries, affiliates, divisions, contractors, and suppliers or any party acting on Hostspicy's explicit instructions, (collectively "Hostspicy", "we", "us" or "our") welcomes you to Hostspicy.Com (the "Site" or "our website").
- Where the content states:
- "You" or "your" or "user" or "Member" or "Customer" includes the person purchasing the services or any party acting on the customer'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.
- "Cookies" are small text files placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website.
- 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:
- In this terms of service document, unless the context requires a different interpretation:
- the singular includes the plural and vice versa;
- references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this document;
- a reference to a person includes firms, companies, government entities, trusts, and partnerships;
- "including" is understood to mean "including without limitation";
- reference to any statutory provision includes any modification or amendment of it;
- the headings and sub-headings do not form part of this terms of service document.
- These Terms of Service provide that all disputes between you and Hostspicy will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review the section titled "Mandatory Arbitration Agreement For Dispute Resolution" below for the details regarding your agreement to arbitrate any disputes with Hostspicy.
- SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LEGISLATION WHICH MAY APPLY TO THE SERVICES AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT BELOW IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.
Acceptable Use Policy
- The information and content hosted on your server and any and all actions performed by, on or using your server are under your responsibility, regardless of which hosting plan and/or add-ons you've selected. 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 or by damages incurred by downtime.
- Your server can be used for legal activities as defined by these terms of service as well as Dutch laws and regulations. For certain legal matters, USA laws and regulations may apply, depending on the context of the matter at hand. 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:
- (b) any material containing a virus or other hostile computer program.
- (c) any material which constitutes, or encourages the commission of a criminal offense.
- (a) any material which is unlawful, abusive, malicious, threatening or otherwise objectionable as determined by Hostspicy.
- We take a zero-tolerance stance against sending of unsolicited e-mail, spam or (D)DoS attacks of any kind. Any user who sends out spam or attacks will have their account terminated without notice. "Safe lists" and purchased lists will be treated as spam. 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, based on our discretion.
- Surpassing your allotted bandwidth of your server may cause our system to automatically suspend the server and/or downgrade its bandwidth port. It is your responsibility to track your bandwidth usage and let us know if you wish to upgrade your bandwidth. Excluding rare occasions, we will not suspend your server without emailing you a warning describing your high bandwidth usage. 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.
- You will not use any of our VPS Hosting or Metered Dedicated Servers for the purpose of content streaming or any other known bandwidth-intensive activity without prior written approval from Hostspicy. Bandwidth-intensive activity is any activity that yields bandwidth usage of over 250 Mbps as measured by us through the use of 95th percentile billing. High-bandwidth activities may include but are not limited to content streaming, live streaming, and video streaming.
- 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, image hosting, or content that may cause a political uproar and/or provoke attacks
- Members using Hostspicy's VPS hosting plans are not allowed to host IRC bots/bouncers, Bitcoin miners, or content that may cause a political uproar or provoke attacks.
- 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.
- 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
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.
- 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.
- 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, compensation, or refunds for any outages incurred through service disablement resulting from violations of any terms and conditions.
- Any access to other networks connected to Hostspicy must comply with the rules appropriate for those other networks. While we will use every reasonable endeavor to ensure the integrity and security of the server, we do not guarantee that the server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or for any other damages caused by unauthorized access to your server.
Copyright / DMCA Safe Hosting
- Hostspicy is a DMCA ignored hosting provider in that it protects its customers from illegitimate use of DMCA complaints. Illegitimate use of DMCA complaints includes but is not limited to copyright abuse reports for content which does 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.
- 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.
- We shall use our reasonable endeavors to make available to you at all times the server and the Services but we shall not, in any event, be liable for interruptions of Service or downtime of the server and/or the Website and/or the Registry.
- 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.
- We also reserve the right to decline services/hosting to any client as we feel necessary and hold no liability. By placing an order, you are submitting a service application which we may accept or reject.
- The member is solely responsible for the preservation of the member's data which the member saves onto its server (the "Data"). EVEN WITH RESPECT TO DATA AS TO WHICH THE MEMBER CONTRACTS FOR BACKUP SERVICES PROVIDED BY Hostspicy, TO THE EXTENT PERMITTED BY APPLICABLE LAW, Hostspicy SHALL HAVE NO RESPONSIBILITY TO PRESERVE DATA. Hostspicy SHALL HAVE NO LIABILITY FOR ANY DATA THAT MAY BE LOST, OR UNRECOVERABLE, BY REASON OF THE MEMBER'S FAILURE TO BACKUP ITS DATA OR FOR ANY OTHER REASON.
- 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.
- “Network Uptime” is the total time in a calendar month that the resource with guaranteed uptime is available through the Internet, provided that Customer has established connectivity. 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 [email protected] 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
Uptime the Hostspicy network has provided for the month in which a credit is
- 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 in these terms of service 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.
- The credited and/or refunded compensation will not be more than 100% of the amount paid by the customer for the month of service, or the monthly proportion if the hosting account is not billed on a monthly basis.
- If the total approved compensation to a customer is more than $100, the compensation will be provided in the form of Hostspicy account credit that can be applied for unpaid invoices, rather than an actual refund of the customer's payment.
- 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, up to a total of no more than $10.
- 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 the Customer's account within up to two billing cycles after Hostspicy receives the Customer's compensation request.
- Notwithstanding any contrary provision in this SLA, Hostspicy shall not be liable to
in any form for failure to meet any of the guaranteed service levels where such failure
any one or more of the following:
- DDoS or DoS attacks, security breaches, natural disasters, hardware related issues, scheduled downtime, maintenance, or upgrades.
- Maintenance by local public telecommunications and telegraph service providers on access circuits between Hostspicy and the clients’ websites;
- Software maintenance done 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
- Inaccurate or problem-causing 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
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;
- DNS (Domain Name System) issues outside the direct control of Hostspicy;
- DNS propagation;
- 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.
- 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.
Mandatory Arbitration Agreement For Dispute Resolution
- Mindful of the high cost of litigation, you and Hostspicy agree to the
resolution procedure: in the event of any controversy, claim, action or
dispute arising out
of or related to:
- the Website;
- this Agreement;
- the Services;
- the breach, enforcement, interpretation, or validity of this Agreement; or
- any other dispute between you and Hostspicy ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to (1) if to Hostspicy at: the offices of our registered agent or (2) if to you at: your last-used billing address in your Account information. Both you and Hostspicy agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.
- In the interest of resolving disputes between you and Hostspicy in the most expedient and cost-effective manner, you and Hostspicy agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
- YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Hostspicy ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Payments, Cancellations, Disputes & Chargebacks
- All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our website and shall be due and payable in advance of our service provision.
- 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, half-year, or year following the date in which the services were established until a cancellation request is given by you.
- All payments must be in US Dollars.
- When an order is paid for using Bitcoin, Bitcoin Cash, or any other accepted cryptocurrency, it undergoes a different fraud check process. This is due to the nonreversible nature and significantly lower chargeback risk that cryptocurrency payments carry. By choosing to pay for your order with a cryptocurrency, you understand that you will not be able to later switch to a different, non-cryptocurrency payment method due to the fraud risks involved in making such a switch and you agree that all future payments under your account must be made using cryptocurrency.
- Late payments are defined as payments made past the due date of an invoice. Once an invoice is overdue, a late fee is added to the invoice on the amount of USD $5 or 10% of the invoice's total amount to be paid, whichever is greater.
- 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 payment of any type is unacceptable. Such reversals include but are not limited to PayPal dispute or charge-back, credit card or bank charge-back, 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 payment done on your account, your services and/or products and/or add-ons will be suspended immediately. If the reversal is not resolved within 24 hours, the services and/or products and/or add-ons may be terminated.
- Renewal of access to the server or its data may sometimes be possible after the reversal is resolved if the service has not yet been terminated. Renewal of access will require a $50 reversal resolution fee which must be paid before access to the server or data is restored.
- 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.
- Hostspicy reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law, or if you misuse system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Any such termination may result in the forfeiture and destruction of information associated with your Account.
- Hostspicy may provide prior notice of the intent to terminate Services to you if such notice will not, in Hostspicy's discretion, run counter to the intents and purposes of these Terms of Service.
- Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to Hostspicy before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as Hostspicy's costs for collection (including attorneys' fees) of any such charges or other liabilities.
- Upon termination, any and all rights granted to the Member by this Agreement will immediately be terminated, and the Member shall promptly discontinue all use of the Services.
- All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- You may cancel the Services at any time by logging into the Client Area (required for ownership verification purposes) and requesting cancellation of services.
- If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
- 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.
- YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW AND/OR REGULATION, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR COPYRIGHT OR OTHER RIGHT OF ANY PERSON OR ENTITY.
- WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
Limitation Of Liability
- IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT
PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL
OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES
- FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR
- FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR
- FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF Hostspicy HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF.
- IN ADDITION, YOU AGREE THAT Hostspicy IS NOT RESPONSIBLE FOR ANY DATA COMPILED BY OUR SERVICES AND THAT Hostspicy WILL NOT BE LIABLE, IN ANY MANNER, AS A RESULT OF YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, UNLAWFULLY HARASSING, OBSCENE OR OTHERWISE UNLAWFUL CONTENT OR DATA. IN NO EVENT SHALL Hostspicy, OR ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, BE LIABLE TO YOU AND/OR ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, CONTENT, PRODUCTS, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF Hostspicy IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
- SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- 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.
- Customers may request a refund for any of our products if they are not completely satisfied with the level of service provided to them.
- Refunds may 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.
- 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 usually free. In cases when the customer requests a refund for any reason, this implied 25% setup fee will not be refunded. This includes cases in which the customer does not wish to complete our fraud prevention procedure for any reason.
- 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 government-issued 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).
- The support feature of our service at present time consists of our Support System solving only server related problems that prevent the normal function of the server as it would function at the moment it is delivered to the customer (in the form of a welcome email).
- You may purchase our technicians' services at the rate of USD $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 rare cases and is not the norm, by any means.
- For that matter, the setup of new products, services or add-ons may sometimes take up to 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
- We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name.
- 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 domain-related 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.
- We offer an affiliate program that allows you to share a unique referral link with others who have never used our services before in any way or form and receive a commission for their purchases, as well as offer them a special discount code.
- In order to be eligible to receive the affiliate discount and/or the affiliate commission, the account profile information of the referring user, as well as the user being referred, must be accurately set at the time of order. This includes the full legal name, the accurate address and the phone number of the two users. We reserve the right to require a copy of a government-issued photo ID of the referring user and the user being referred before authorizing an affiliate discount or an affiliate commission.
- Use of a VPN or a proxy of any kind when accessing our website by the referring user or the referred user is strictly prohibited. Such use will immediately make the referring user and the referred user ineligible for the affiliate discount and/or the affiliate commission.
- Deceiving users to make them click your unique affiliate link, spamming your unique link, or posting your unique link on a coupon website of any kind is strictly prohibited. Doing any of the above mentioned prohibited activities will invalidate your affiliate account and any pending payouts it may have.
- We reserve the right to decline affiliate commission and/or affiliate discounts at our sole discretion for any reason.
- Eligible affiliate commission will be paid out to the affiliate's PayPal account within no more than 3 months from the moment the written withdrawal request is received. Any and all fees and taxes related to such commission payment will be the sole responsibility of the affiliate.
- No member shall post defamatory, scandalous, or private information about a person or company without their consent.
- Any abuse, hostility, or abusive language 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.
- No refunds shall be given when the contents of this section cause a removal and/or termination and/or cancellation of the account and/or services.
- The details you provide to us about yourself (including but not limited to your full name, your 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.
- These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters.
- 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. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
- Hostspicy does not guarantee to provide any product, service, or addon arranged and/or confirmed by a Hostspicy staff member or on our website as errors and omissions are expected. 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.