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Hostulus.com Terms of Service

1. Terms

By accessing the website at https://hostulus.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

  1. Customer agrees when using, or accessing Hostulus’ services that the terms and conditions of this policy will be met: User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, Hostulus reserves the right to cooperate with all or any law enforcement agencies.
  2. User agrees to follow the Acceptable Use Policy of any network user connects to, including Hostulus’ system. Neither Hostulus nor its Information Providers are responsible for any damages arising from User's use of Hostulus or by User's inability to use Hostulus service.
  3. User hereby agrees that any material submitted for publication on Hostulus through user's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. User's may not host any hardcore adult content or porn websites on our shared, reseller servers. Software intended to facilitate any such violations or infringements may not be stored on Hostulus.
  4. The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by Hostulus and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
  5. Sending unsolicited mass e-mailings which provoke complaints from the recipients. Engaging in either of the above from a provider other than Hostulus and using an account on Hostulus as a mail drop for responses, or advertising a web site hosted at Hostulus.
  6. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Hostulus. Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.) Hostulus prohibits IRC and associated programs, including psybnc, "bots", etc., scripts commonly used for abuse, attacks, or flooding threatening, harassing, or obscene content and any proxies which do not require authentication, including open mail proxies, unprotected anonymous web surfing proxies. Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Hostulus.
  7. User agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account. User may not use more than 100% CPU out of 1 CPU Core and the usage is limited to 1 CPU core, 1GB memory, 1024/Kbps IO - Read & write operations, no more than 100 NPROC - Processes or no more than 20 Entry Process. Cron jobs must not execute more than once every 30 minutes unless if specified by the script provider and will be niced to 15 or greater. Each user account may not send more than 300 emails per hour.
  8. If it is determined that a customer's account is overusing the system resources, we may temporarily suspend the account to prevent the server from experiencing any issues, resulting problems to other valued customers. If it is determined that the account is not suitable for the shared or reseller server environment, a notice will be sent to the customer providing them alternative solutions or such as a Premium Hosting Plan with high resources, VPS or a Dedicated Server. Hostulus will be the sole arbiter as to what constitutes a violation of this provision and Hostulus reserves the right to make adjustments to these limits at our sole discretion.
  9. All unmetered dedicated servers and virtual private servers are installed on hundred mbps shared bandwidth ports, unless service is sold as a specified port size or specified/requested as a capped port. Hostulus reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client's data transfer rate affects other Hostulus clientele, Hostulus reserves the right to throttle the service causing such a problem.
  10. Hostulus performs daily or daily and weekly backups on all of our servers to ensure critical files are never lost. Our daily and weekly backups are created for accounts that are under 20GB and 150,000 Inodes. These limits apply to each cPanel user individually. Furthermore, Hostulus does not guarantee this feature to any of the clients, and therefore strongly advise the client to regularly perform a backup of their own data, hosted with us. In the unfortunate event that the client has lost their data hosted with Hostulus, will use reasonable endeavors to restore the client's data; however Hostulus will not be responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups or any data loss due to faulty hardware. We highly encourage our customers to have their own separate backups if your website or data is critical to your business or livelihood as no backup method is failsafe therefore we make no warranties.
  11. The use of more than 50,000 inodes on any cPanel account (single user) may result in automatic warning on cPanel > Stats > inodes. There will be no service interruption at this stage but if no action is taken to reduce the inodes, service interruption may take place once a user reach 150,000 Inodes. Accounts found to be exceeding the 150,000 inode limit will automatically show resource exceeded message and may be suspended if no action is taken to reduce the inode count. Virtual private servers have a server wide limit of 5 million and there are no per cPanel user limits. Users with reseller plans have a reseller wide limit of 1 million inodes in addition to the per user limit, however this reseller limit is not something we actively enforce and it will only become an issue if a reseller is causing problems for other resellers on the server. If a resellers inode usage is in between 5 to 10 million inodes we may request the reseller to upgrade to a
  12. dedicated server or provide adequate time to resolve the inode usage, if no action is taken by the reseller, account may be suspended. Budget resellers have a per user limit of 50,000 inodes and a 250,000 reseller wide limit of inodes. If this limit is exceeded, we may request the budget reseller to upgrade to a normal reseller plan or provide adequate time to resolve the inode usage, if no action is taken by the budget reseller, account may be suspended.
  13. Every file (a web page, 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 resellers with millions of files that 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.
  14. User MUST NOT use our hosting services to offer any of the following kinds of FREE services but are not limited to; Free Web hosting services, Free email services, Free blogging services, Free home pages, Free image hosting, Free trial accounts. If you violate this prohibition on free services, we may suspend your account immediately, with or without notice, as we in our sole discretion deem necessary to address the situation.
  15. File hosting and file storage of any type is strictly prohibited on any and all reseller, shared and hosting servers. You MAY NOT use your hosting with Hostulus as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your account as a storage repository for MP3, games, video, photos, images, audio or music files or as a backup storage facility.
  16. Abuse of Hostulus Staff or Support Personnel: At Hostulus, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. We will issue a refund only for the unused portion of pre-paid service. Abusive conduct includes, but is not limited to, the following behaviors: Repeatedly addressing members of our staff in a demeaning or rude manner. Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to email, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol, or in-person communication. Yelling or shouting at our staff. Deliberately using all capital (uppercase) letters in any written communication to our staff; Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.

2. User License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Hostulus' website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Hostulus' website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Hostulus at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Hostulus' website are provided on an 'as is' basis. Hostulus makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Hostulus does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Hostulus or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Hostulus' website, even if Hostulus or a Hostulus authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Hostulus' website could include technical, typographical, or photographic errors. Hostulus does not warrant that any of the materials on its website are accurate, complete or current. Hostulus may make changes to the materials contained on its website at any time without notice. However Hostulus does not make any commitment to update the materials.

6. Links

Hostulus has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hostulus of the site. Use of any such linked website is at the user's own risk.

7. Modifications

Hostulus may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Florida and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

9. Payment Policies

  1. User agrees to pay Hostulus all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time of commencement.
  2. User is responsible for charges at the time the service is used and Hostulus may apply the amount due to User's credit card at any time.
  3. Hostulus reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
  4. Credit Card payment: If Customer chooses to pay for services by credit card, Customer grants Hostulus the right to charge payments to that card on each due date. Customer further agrees not to challenge or dispute any charge representing hosting payments.
  5. Non-Payment: All web hosting payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (5) consecutive days, including the anniversary date, may result in suspension of customer services. Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, may result in termination of access to the service network and all services shall be reclaimed. All customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy reasons.
  6. All Dedicated Server and Virtual Private Server payments are due in full on the monthly anniversary date. If full payment has not been received within three (3) consecutive days, including the anniversary date, suspension of public access to customer services may be incurred. Failure to remit payment for services within five (5) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed.
  7. Payment Reminders: Our credit card processor will remit payment for all recurring orders, for services on the monthly anniversary date. It is clients responsibility to make sure the sufficient funds are available on their credit card payment account. It is the customer’s sole responsibility to make sure that dues are paid on time and the email address on file is working and allowed to receive reminders Hostulus. Once a payment reminder dispatched from Hostulus. it is considered as a valid payment reminder. Hostulus does not take any responsibility for non deliverable email addresses or email sent by Hostulus. not reaching the client destinations, including but not limited to spam filters or network issues. For the first day after payment should have been made; you will receive a payment reminder notice that states you must update your credit card and pay your invoice. The third day and the fifth day, second and third payment reminders will be sent us. From the seventh day customer services may be suspended temporarily for non-payment.

10. Refunds

Without waiving any of its other rights under this Agreement, Hostulus offers to its Customers a 30-day money-back guarantee on fees for hosting services. If for any reason you cancel your account within thirty (30) days starting from the day Hostulus dispatch your welcome email including your account information or the day you place the order with us, whichever comes first. Hostulus will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you. Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from Hostulus and does not apply to any changes to your service at any time. Our refund policy does not apply to any additional items or services, this includes but not limited to Domain Registration, Domain Parking services, dedicated servers, virtual private servers and overage fees.

11. Cancellation

Customers may voluntarily cancel their account at any time, for any reason or for no reason, by requesting a cancellation from your members area at www.my.Hostulus > Services > My Services > Product/Service > View Details > Management Actions > Request Cancellation. Hostulus requires a five (5) day cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite five (5) days will result in a full billable monthly cycle prior to cancellation. All due amounts must be settled in full before we cancel the customer account. Customer understands and agrees that Hostulus does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable, unless stated otherwise under our any 30 day money back guarantee. All cancellation requests must be made directly via www.my.Hostulus. Cancellations requests are not accepted by email, postal mail, by phone or via the help desk (skynethelp.com). If a customer canceled a recurring order by contacting any 3rd parties, we will consider it as an account cancellation request. In such cases, Hostulus reserves the right to terminate the customer account with immediate effect without any prior notice.

Privacy Policy

Your privacy is important to us. It is Hostulus' policy to respect your privacy regarding any information we may collect from you across our website, https://hostulus.com, and other sites we own and operate.

Information we collect

Log data

When you visit our website, our servers may automatically log the standard data provided by your web browser. This data is considered “non-identifying information”, as it does not personally identify you on its own. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.

We may also collect data about the device you are using to access our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

Personal information

We may ask for personal information, such as your:

  • Name
  • Email
  • Phone/mobile number
  • Payment information

This data is considered “identifying information”, as it can personally identify you.

We only request this information when you interact with our services—like signing up for an account, making use of our platform features, paying for access, or subscribing to our newsletter. We only use collected personal information in the context of providing or improving these services.

Business data

Business data refers to data that accumulates over the normal course of operation on our platform. This may include transaction records, stored files, user profiles, analytics data and other metrics, as well as other types of information, created or generated, as users interact with our services.

How we collect information

We collect information by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used. You are free to refuse our request for this information, with the understanding that we may be unable to provide you with some of your desired services without it.

Use of information

We may use a combination of identifying and non-identifying information to understand who our visitors are, how they use our services, and how we may improve their experience of our website in future. We also use this information to gain insights into demographics, product and service popularity, and the effectiveness of our marketing activity. We do not disclose the specifics of this information publicly, but may share aggregated and anonymised versions of this information, for example, in website and customer usage trend reports.

We primarily use your personal information for the purposes of granting you access to engage with certain areas of our site, to charge you for your subscription, and to notify you of any changes to your account and service.

We may use your personal details to contact you with updates about our website and services, along with promotional content that we believe may be of interest to you. If you wish to opt out of receiving promotional content, you can follow the “unsubscribe” instructions provided alongside any promotional correspondence from us.

Data processing and storage

The personal information we collect is stored and processed in United States, or where we or our partners, affiliates and third-party providers maintain facilities. We only transfer data within jurisdictions subject to data protection laws that reflect our commitment to protecting the privacy of our users.

We only retain personal information and business data for as long as necessary to provide a service, or to improve our services in future. While we retain this data, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute data security.

If you request your personal information be deleted, or where your personal information becomes no longer relevant to our operations, we will erase it from our system within a reasonable timeframe.

Cookies

We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified. Please refer to our Cookie Policy for more information.

Third-party access to information

We use third-party services for:

  • Analytics tracking
  • User authentication
  • Advertising and promotion
  • Content marketing
  • Email marketing
  • Payment processing

These services may access our data solely for the purpose of performing specific tasks on our behalf. We do not share any personally identifying information with them without your explicit consent. We do not give them permission to disclose or use any of our data for any other purpose.

We may, from time to time, allow limited access to our data by external consultants and agencies for the purpose of analysis and service improvement. This access is only permitted for as long as necessary to perform a specific function. We only work with external agencies whose privacy policies align with ours.

We will refuse government and law enforcement requests for data if we believe a request is too broad or unrelated to its stated purpose. However, we may cooperate if we believe the requested information is necessary and appropriate to comply with legal process, to protect our own rights and property, to protect the safety of the public and any person, to prevent a crime, or to prevent what we reasonably believe to be illegal, legally actionable, or unethical activity.

We do not otherwise share or supply personal information to third parties. We do not sell or rent your personal information to marketers or third parties.

Children’s Privacy

We are committed to protecting the privacy of children who use our services. We encourage parents to engage with us in protecting their children’s privacy, ensuring a safe and enjoyable online experience. Please refer to our Children’s Privacy Policy for more information.

Limits of our policy

This privacy policy only covers Hostulus' own collecting and handling of data. We only work with partners, affiliates and third-party providers whose privacy policies align with ours, however we cannot accept responsibility or liability for their respective privacy practices.

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

Changes to this policy

At our discretion, we may change our privacy policy to reflect current acceptable practices. We will take reasonable steps to let users know about changes via our website. Your continued use of this site after any changes to this policy will be regarded as acceptance of our practices around privacy and personal information.

Your rights and responsibilities

As our user, you have the right to be informed about how your data is collected and used. You are entitled to know what data we collect about you, and how it is processed. You are entitled to correct and update any personal information about you, and to request this information be deleted. You may amend or remove your account information at any time, using the tools provided in your account control panel.

You are entitled to restrict or object to our use of your data, while retaining the right to use your personal information for your own purposes. You have the right to opt out of data about you being used in decisions based solely on automated processing.

Feel free to contact if you have any concerns or questions about how we handle your data and personal information.

This policy is effective as of 03/11/2018.

Cookie Policy

We use cookies to help improve your experience of https://hostulus.com. This cookie policy is part of Hostulus' privacy policy, and covers the use of cookies between your device and our site. We also provide basic information on third-party services we may use, who may also use cookies as part of their service, though they are not covered by our policy.

If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from https://hostulus.com, with the understanding that we may be unable to provide you with some of your desired content and services.

What is a cookie?

A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.

Cookies are used to enable certain features (eg. logging in), to track site usage (eg. analytics), to store your user settings (eg. timezone, notification preferences), and to personalise your content (eg. advertising, language).

Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (ie. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.

Types of cookies and how we use them

Essential cookies

Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use essential cookies to enable certain functions on our website.

Performance cookies

Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.

Functionality cookies

Functionality cookies are used in collecting information about your device and any settings you may configure on the website you’re visiting (like language and timezone settings). With this information, websites can provide you with customised, enhanced or optimised content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our site.

Targeting/advertising cookies

Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We do not use this type of cookie on our site.