Please read the following terms of service carefully before using the site or signing up for any service that Hostens offers.
1. The subject
1.1 The following terms of service apply to all business relationships between the customer (“You”, “User”, “Customer”) and Hostens (“us”, “our”). By using our services you agree to be bound by these Terms of Service. If you do not agree with Terms in our agreement, you are not allowed to use and access any of Hostens services.
1.2 Dissenting, conflicting or additional customer terms of service, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.
2. General terms
2.1 You must provide current, complete and accurate information about you or company you represent, as required in the registration process. Accurate information must be maintained and updated if needed.
2.2 Hostens utilizes an industry leading third party Registrar for domain name registration, transfer and renewal services. We register, renew or initiate transfer of the domain once the order is placed and fully paid. You retain ownership of your domain name for as long as you continue to renew it. Hostens does not interfere or in any way prohibit Customers right to transfer away his domains.
2.3 Programming and site managing services are not included in the offers. All websites are maintained by customer.
2.4 Reseller is responsible for supporting their clients, Hostens doesn’t provide support for resellers clients.
3. Data integrity
3.1 Data stored in servers is backed up by us, every night (GMT +0200). We store last nights and last Fridays copies. In extremely unlikely case of data loss, which was caused by Hostens, data would be restored immediately and free of charge.
3.1.1 If data was lost by user himself it can be restored from our backups for one time fee of 9.99€ +VAT.
3.1.2 Services are provided to use at your own risk. Hostens is not responsible for files and/or data residing on your account. User agrees to take full responsibility for files and data transferred in and from the server, also maintaining backups of all files and data stored on Hostens server.
3.2 Hosting services are handed over with unique password, providing access to all user files and data stored on server. The client will be held liable for any malpractice resulting from unauthorized use of this password. If customer is aware that password was or might be leaked, he must change it immediately or contact us for assistance.
4.1 All services provided by Hostens must be used only for lawful purposes.
4.2 The client undertakes not to publish content that may violate the rights of third parties or otherwise violate the Republic of Lithuania law. The user agrees to indemnify and hold Hostens harmless from any claims, resulting from miss use of our services.
4.3 Content or activities prohibited on our servers and network:
- Spamming – including Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE);
- Distributing spam lists, spam ware, forged site advertisement in forums, guestbooks or similar websites;
- Hosting or distributing malicious content containing malware;
- Mass mailing of any type (including double opt-in);
- DoS/DDoS or other attacks (either source or a target);
- Hacking (including hosting compromised websites);
- Warez – Hosting, Distributing, or Linking to Cracks, Hacks, KeyGens, Serials, or Pirated Software;
- Trademark – Hosting, Distributing, or Linking to Trademark Infringed Materials;
- Port scanning;
- Open proxies, TOR relays (due to abuse committed through open proxies);
- Data mining (due to heavy resource usage);
- Adult content.
Any account found to be publishing or taking part in illegal activities from, but not limited to, this list can be either suspended the very moment complaint is received, either asked to remove illegal content or stop illegal activity on reasonable time-frame. Failing to resolve the issue or repeated violation of TOS may result in permanent service suspension.
5.1 Hostens assumes no liability for direct, indirect damage and lost profits due to technical problems and disturbances.
5.2 Customer agrees to indemnify and hold Hostens unattached with any liabilities arising from:
- Copyright or other infringements on the proprietary rights of a third party;
- Defective products sold from website, hosted at Hostens;
- Losses or injuries resulting from products or services sold via websites, hosted at Hostens.
6. Terms of payment and billing
6.1 All prices can be reviewed at http://www.hostens.com at any time.
6.2 We are entitled, in case of default payments, to block the Internet presence of the customer and to block all other functions.
6.3 Acceptable payment method for services is via PayPal, Visa, MasterCard credit cards, Paysera, Webmoney, CashU, International payments and Bitcoins.
6.4 Invoices are sent by Email as attachments within 14 days prior to the end of service.
6.5 Subscription based payments can be canceled at any time.
6.6 If services are cancelled (cancellation is requested), we remove Credit Card subscription for specific services from our system automatically. As for PayPal subscription, it must be removed by the customer at PayPal.com after cancellation is requested.
7. Contract duration and cancellation
7.1 Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.
7.2 Customer can revoke their contractual statement in the client area. Services can be canceled immediately or at the end of the billing period. A cancellation can only be done via the secure client area.
7.3 We are entitled to terminate the contractual relationship for good cause without notice or if customer ignores warnings about infringement of the requirements of section 4. Another important reason that can result in blocking or termination without a notice may be that the customer uses content which affects the performance or the safety of the server node.
7.4 We reserve the right to terminate services at any point after customer invoice is overdue or payment is reversed, and we will not be responsible for any data loss due to termination.
8. Service Level Agreement (SLA)
Our commitment is to guarantee yearly service availability of 99.9%.
8.1 Uptime guarantee applies to:
- Internet connection channel availability;
- Server hardware platform availability;
- Server software availability.
8.2 SLA guarantee does not apply to:
- Software managed by customer;
- Scheduled maintenance;
- Service malfunction due to client actions;
- Service shutdown, when a customer does not pay on time or fails to comply with terms of the contract section 4.
8.3 In the unlikely event that we experience a network or hardware failure, we will credit your account with one day of service for every hour of downtime. Contact a member of our customer service team not later than 7 days to arrange the credit.
9. Conclusion of the contract
9.1 Our offers are subject to change. We reserve the right to make technical and other changes within reason.
9.2 Upon ordering, the customer is bound to the tentative offer. We will confirm the receipt of the customer’s order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.
9.3 We are entitled to accept the order within a period of one (1) working day after full invoice payment. We are also entitled to reject the order with reasonable reason, fully refunding payment.
Revision date: 2017-01-05