HostM, a division of Intuitient Ltd, registered in England and Wales (reg. no. 10826281 ) at 1st Floor, Unit 4, Thornbury Office Park, Midland Way, Thornbury, BS35 2BS, United Kingdom (“HostM”, “the Supplier”, “we”, “us”, or “our”) agrees to furnish web hosting and/or related services (“the Services”) to the Client, subject to the following Terms of Service (TOS).
Use of HostM’s services constitutes acceptance and agreement to HostM’s TOS, Acceptable Use Policy (AUP), Privacy Policy, and Data Processing Agreement.
The TOS, AUP, Privacy Policy, and Data Processing Agreement may be updated from time to time at the discretion of the Supplier, including to comply with changes to the law. The Client understands that changes to these agreements and policies by the Supplier shall not be grounds for early contract termination or non-payment.
Eligibility: Persons below a certain age depending upon their location (“the relevant minimum age”) are prohibited from using our Services or otherwise providing us with personal information, as follows:
age 13, for persons outside the EU including Norway and the United States, and for persons in the Czech Republic, Denmark, Finland, Ireland, Latvia, Poland, Spain, Sweden, and the UK;
age 14, for persons in Austria;
age 15, for persons in Greece; and
age 16, for persons in France, Germany, Hungary, Lithuania, Luxembourg, the Netherlands, Slovakia, and any other EU member state not listed above.
HostM reserves the right to refuse service to, or to terminate the Services of, persons who are found to be below the relevant minimum age.
Illegal Activities: The AUP specifically prohibits the use of our service for illegal activities. With respect to the involvement of illegal activity, the Client agrees that the Supplier may disclose certain personally identifiable information including assigned IP addresses, account history, account use, etc. to any law enforcement agent who makes a lawful written request without further consent or notification to the the Client. In addition, HostM shall have the right to terminate all services set forth in this Agreement.
Service Rates: The Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Client.
Barring unforeseen circumstances, the Supplier shall take reasonable steps to ensure that each hosting subscription renews at the price communicated to the Client at the beginning of the subscription. Notwithstanding this, the Supplier reserves the right to change the specified rates and charges from time to time should the need arise.
The Client understands that domain name registration and renewal rates can and do fluctuate from time to time, generally increasing over the long term, depending on fees set by central registries and other factors.
Payment: Establishment of this service is dependent upon receipt by the Supplier of payment of stated charges. Subsequent payments are due on the anniversary date of the subscribed billing interval for that interval’s service.
Payments and Fees: Service may be interrupted on accounts that are past due. If the Client desires to cancel their account, the Client shall follow the proper procedure to do this as outlined in these Terms of Service. Domain registrations that are left to expire will cause the domain registrar to immediately unlink the domain from all services regardless of the status of the hosting account that the domain is linked to. We have no control over this process by the domain registrar.
Refund and Disputes: All payments are non-refundable, with the exception of a 30-day money-back guarantee which applies to the first hosting account opened by a new Client. This 30-day money-back guarantee cannot be used for the purpose of switching to a different billing plan. Domain name registrations are always non-refundable (even if recently registered, renewed or transferred), partly because domain registrations and their associated costs typically cannot be reversed with the central domain registries.
Failure to Pay: the Supplier may temporarily or permanently suspend or terminate all services without prior notice upon any full or partial chargeback or reversal of funds, or the failure of the Client to pay charges, including maintenance fees for Lifetime accounts, when due. Such termination or denial will not relieve the Client of responsibility for the payment of all accrued charges, reasonable interest, collection fees, penalties imposed by our payment processing partners especially for fund reversals, and any administrative fees associated with the handling of such incidents.
Account Cancellation: Requests for cancelling hosting accounts shall be made at least 7 days prior to the next renewal date of the hosting account. The Client shall sign in to the Client Lounge and open a new Client Care ticket requesting cancellation for each hosting account that they wish to cancel. All prepaid subscription fees, including renewal fees that have already been processed are non-refundable upon the cancellation of the relevant Services, the only exception being if cancellation is made within the first thirty (30) calendar days of the opening of the first hosting account by the Client, per the money-back guarantee.
Unexpected Service Interruptions: The Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Supplier and that damages resulting from any interruption of service are difficult to ascertain, including any form of hardware or software failure. Therefore, the Client agrees that the Supplier shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Supplier. The Client further acknowledges that the Supplier’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the Client for services during the period damages occurred. In no event shall the Supplier be liable for any special or consequential damages, loss or injury.
Client Responsibility for Backing Up Data: HostM strongly recommends that all data (including web sites, email and databases) hosted within the Client’s account be regularly backed up by the Client to a separate physical location. The Client is fully responsible for the integrity of their hosted data.
HostM offers free daily backups of hosted data on a best-effort basis. These backups are meant to assist in the possible rollback of hosted data should issues arise with the server hardware involved in the hosting of the data. As with any technical functionality, it is possible for such backups to experience issues and HostM does not offer any guarantee that backups are always able to be performed, made available or usable, or restorable. The backup system attempts to retain the latest daily backup, in whole or in part, with the primary goal of minimizing data loss in the event of a system rollback. Older backups may not be available depending on circumstances and available system resources.
In the event of a server hardware issue resulting in the loss of hosted data, HostM engineers shall first attempt to restore data from HostM’s own daily backups, if deemed usable. Depending on the severity of the issue and amount of data affected, this process may take anywhere from several hours to multiple calendar days, depending on the severity of the hardware/software failure as well as hardware/software availability. However, should it not be possible for any reason to perform such a restoration, HostM is not responsible for restoring any of the lost data, beyond the re-creation of affected hosting accounts in a fresh state, in order to allow the Client to restore data from their own backups.
Should the Client require one of HostM’s daily backups or part thereof to be restored by our Client Care team for any reason other than server hardware failure, and a copy of the required backup happens to be available for restoration, an administrative fee may be imposed by HostM, as this is outside the scope of standard hosting support. Such an administrative fee must be fully paid by the Client before the restoration can proceed.
Media Optimization: The Client is responsible for ensuring that all media files uploaded to their hosting account(s) are properly web optimized. Media files uploaded to our servers may also be automatically web optimized from time to time by our media optimization utilities. This offers the advantage of speeding up media load times for the affected websites. However, please note that the nature of media optimization means that media resolution or output quality may be affected. HostM cannot be held liable for any issues or damages that may be caused by the media optimization or the changes in output quality.
Changes to Features and Functionality: The Client understands that any included features and functionality may, at any time and at our sole discretion, be introduced, removed, or modified from time to time in accordance with technology updates, security risks, and other factors affecting our ability to provide secure, reliable, and up-to-date services that meet the minimum standards as continually determined by HostM.
Lifetime Plans: Lifetime plans whose maintenance fees are not paid will result in account closure. Lifetime plans are not exempted from any of our Terms of Service or Acceptable Use Policy, and violations will similarly result in possible account suspension or termination with no refund provided.
Support Boundaries: HostM provides 24/7 Client Care relating to the provision of the hosting service. HostM does not offer advice nor technical support for other matters such as but not limited to web design and development, server-side coding, and third party apps. All domains hosted on our network must utilize the correct nameservers as provided in our instructions. Client Care is not available for domains utilizing incorrect nameservers. If you are able to sign in to your hosting account and have other questions, the answers may be on the Tutorials section of our website at https://www.hostm.com/tutorials — we encourage you to check there first. Lastly, the Help files in the app you are using may have the answers to your questions. Please check out these resources before opening a Client Care ticket. For security reasons, all Client Care is strictly provided via the Client Lounge. We do not provide Client Care via any other means, including phone, fax, or direct email.
Domain Name Registrants’ Rights
Your domain name registration and any privacy/proxy services you may use in conjunction with it must be subject to a Registration Agreement with an ICANN Accredited Registrar.
You are entitled to review this Registration Agreement at any time, and download a copy for your records.
You are entitled to accurate and accessible information about:
The identity of your ICANN Accredited Registrar;
The identity of any proxy or privacy service provider affiliated with your Registrar;
Your Registrar’s terms and conditions, including pricing information, applicable to domain name registrations;
The terms and conditions, including pricing information, applicable to any privacy services offered by your Registrar;
The customer support services offered by your Registrar and the privacy services provider, and how to access them;
How to raise concerns and resolve disputes with your Registrar and any privacy services offered by them; and
Instructions that explain your Registrar’s processes for registering, managing, transferring, renewing, and restoring your domain name registrations, including through any proxy or privacy services made available by your Registrar.
You shall not be subject to false advertising or deceptive practices by your Registrar or though any proxy or privacy services made available by your Registrar. This includes deceptive notices, hidden fees, and any practices that are illegal under the consumer protection law of your residence.
Domain Name Registrants’ Responsibilities
You must comply with the terms and conditions posted by your Registrar, including applicable policies from your Registrar, the Registry and ICANN.
You must review your Registrar’s current Registration Agreement, along with any updates.
You will assume sole responsibility for the registration and use of your domain name.
You must provide accurate information for publication in directories such as WHOIS, and promptly update this to reflect any changes.
You must respond to inquiries from your Registrar within fifteen (15) days, and keep your Registrar account data current. If you choose to have your domain name registration renew automatically, you must also keep your payment information current.
Domain Renewal and Redemption: Domain name registrations are not automatically renewed unless otherwise specified. Upon expiration of a domain name, the central domain registry immediately disconnects the link between the domain name and its hosting account and/or other services, thereby disrupting all related services such as web and email, regardless of whether the hosting service remains fully functional. A grace period of up to 30-45 days or longer may be provided whereby the domain name may be renewed at the then-current domain registration rate, after which the domain name may enter a Redemption Period lasting up to 30-45 days or longer whereby the domain name may be redeemed at a significantly higher rate of at least 350 USD excluding taxes. As such, we strongly recommend renewing domains that you wish to keep prior to their expiry dates.
Spam and Unsolicited Commercial Email (UCE): HostM takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that Clients of HostM may not use or permit others to use our network to transact in UCE. Clients of HostM may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of HostM’s spam policy will result in severe penalties. Upon notification of an alleged violation of our spam policy, HostM will initiate an immediate investigation. During the investigation, HostM may restrict the Client’s access to the network to prevent further violations. If the Client is found to be in violation of our SPAM policy, HostM may, at its sole discretion, restrict, suspend or terminate the Client’s account. Further, HostM reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. HostM will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an administrative fee of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an administrative fee of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these administrative penalties, they will pay research fees not to exceed $175 per hour that HostM personnel must spend to investigate the matter.
Network
IP Address Ownership: If HostM assigns the Client an Internet Protocol address for Client’s use, the right to use that Internet Protocol address shall belong only to HostM, and the Client shall have no right to use that Internet Protocol address except as permitted by HostM in its sole discretion in connection with the Services, during the term of this Agreement. HostM shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Client by HostM, and HostM reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses.
Data Transfer and Disk Usage: The Client agrees that data transfer and disk usage shall not exceed the number of megabytes per month for the Services ordered by the Client on the Order Form (the "Agreed Usage"). HostM will monitor the Client’s data transfer and disk usage. HostM shall have the right to take corrective action if the Client’s data transfer or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in HostM’s sole and absolute discretion. If HostM takes any corrective action under this section, the Client shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that the Client exceeds the included allocation, HostM may, at its sole discretion, collect a deposit, in an amount determined by HostM, against the Client’s credit card on file with HostM’s payment processing partners. The Client’s account may be moved among various locations depending on their data transfer and/or disk usage, which may cause changes in access speeds from the Client’s and/or their users’ locations. The Client’s accounts that are deemed by HostM to utilize large amounts of disk space may be excluded from our automatic daily backup schedule, so as to maintain system stability.
Unlimited Data Transfer and Disk Usage: For service offerings that include unlimited data transfer and disk usage, the Client must continue to abide by our Acceptable Use Policy and Terms of Service. Usage activity that violates our Acceptable Use Policy, Terms of Service, or is otherwise deemed by HostM to be abusive in nature can result in account suspension or termination.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the HostM Network. Violations of system or network security may result in civil or criminal liability. HostM will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
HostM is under no duty to look at the Client’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
Users that HostM determined to have committed a violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without notice.
Suspension of Service or Cancellation: HostM reserves the right to suspend services to the Client if in the judgment of the HostM network administrators the Client’s account is the source or target of the violation of any of the other terms of the AUP or for any other reason which HostM chooses, including full or partial chargebacks or reversal of funds. If inappropriate or illegal activity is detected, all accounts of the Client in question will be deactivated until an investigation is complete. Prior notification to the Client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Client will not be credited for the time the Client’s services were suspended.
Indemnification: HostM wishes to emphasize that in agreeing to the HostM Acceptable Use Policy (AUP) and Terms of Service (TOS), the Client indemnifies HostM for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to HostM or the bringing of any claim against HostM by any third-party. This means that if HostM is sued because of activity originating from the Client’s hosting accounts or resulting from the Client’s use of the Services, the Client will pay any damages awarded against HostM, plus all costs and attorney’s fees.
Miscellaneous Provisions: The Client shall keep their contact information up-to-date so that they can receive important notifications and other forms of communication from the Supplier about their use of the Services.
A waiver by the Supplier of any breach of any provision of this Agreement by the Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
The Client shall not transfer or assign this Agreement without the prior written consent of the Supplier. The Supplier may assign Agreement at anytime without consent from or notice to the Client. The Supplier reserves right to cancel the Client’s rights under this contract at anytime without further obligation.
HostM takes no responsibility for any material input by others and not posted to the HostM Network by HostM. HostM is not responsible for the content of any other websites linked to the HostM Network; links are provided as Internet navigation tools only. HostM disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
HostM is not responsible for any damages the Client’s business may suffer. HostM does not make implied or written warranties for any of our services. HostM denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HostM.
It is absolutely forbidden to host pornographic content, IRC servers, and anonymous proxies on each hosting account. Hosting accounts found hosting this material will be subject to immediate cancellation without refund.
Legal Age: The Client attests that it is of legal age to enter into these Terms of Service.
Responsibility for Content: The Client is solely responsible for the content stored on and served by its hosting accounts.
Changes to these Terms of Service
HostM may update these Terms of Service from time to time, including to comply with changes to the law. Please frequently check this page to review any changes to these Terms of Service.