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Table of Contents
US Data Centre Web Hosting Terms of Service
These Terms of Service (the ‘Agreement’) are an agreement between you – the user of our hosting and related services (collectively, the ‘Services’), and ISHost, owned by Directcybertech, a Indian company headquartered in State of Kerala, India, Legal details about the companies can be found in the ‘Customer Service Contact Details’ section of this document. For the sake of brevity, Directcybertech will be referred to as ‘ISHost’ in this document.
As a Customer of our Services, you need to be aware that when signing up for an account with ISHost, you agree to position data on our servers and make it accessible to the wide internet public. In this respect, you understand and agree that it is beyond the power of ISHost to restrict public access to this data and guarantee the security of your files. You are completely in charge of protecting your web content on ISHost servers and you should consider carefully each piece of information before uploading it to your newly allocated ISHost server space. We highly recommend that you avoid publishing online personal data that could be abused.
These US Data Centre Web Hosting Terms of Service, together with their coherent Acceptable Use Policy US Datacentre (AUP-USDC) represent the Customer Service Agreement.
The Order Form completion represents the electronic signing of this document.
- ENTIRE AGREEMENT; SERVICE AGREEMENT
ISHost shall provide its Services to You – the Customer – under the Terms and Conditions stated in this Service Agreement. The Agreement is intended to keep the integrity of both ISHost and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
The Service Agreement, together with the Order Form, the Acceptable Use Policy (AUP), and any other documents or agreements mentioned in these Terms, constitute the whole act of convention between ISHost and the Customer. In the event that a court of competent jurisdiction declares any of the Agreement’s provisions invalid, unenforceable, or void, the remaining ones will completely preserve their validity.
Customer’s side of the Agreement can be presented by any of the following parties: an individual over 18 years of age; a legal entity, such as a corporation, a limited liability company, etc. If a person represents the Customer, for some reason, he/or she must be legally authorized to act on his behalf, thus accepting, executing and delivering the Agreement.
The agreement shall be interpreted in consistence with the laws of the State of Florida, US, and shall serve to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
- ISHOST HOSTING SERVICES
A web hosting service is a type of Internet service that offers individuals and organizations the opportunity to host their own web sites and store information, images, video, or other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs also offer periodic backup and archiving.
ISHost offers only web hosting services, not data storage services. A web hosting service consists of the following:
- Disk Space – We use a clustered storage technology, meaning that the storage resources of a hosting plan purchased from us are not confined to a single server, but are distributed between multiple machines. This ensures better performance and higher server reliability and guarantees that you will be able to avail of all the storage quota that has been assigned to your particular account. Additional disk space is available as an upgrade option. Payment is accepted only in advance per year. Contact sales for more information.
- Traffic – Each hosting plan includes prepaid traffic quota. Additional traffic is available as an upgrade. Contact sales department for more information. Traffic must be prepaid before use or otherwise the account will be suspended for excessive quota.
- Hosted Domains – ISHost hosting plans include domain hosting. Each hosting plan has a limit of domains that can be hosted.
- Domain Registration – available at a discounted price on sign up. Each web hosting account can be purchased with a maximum of one discounted domain name. Domain registrations are final and are not subject to refund. More information regarding domain names can be found further in this document, in our Domain Name Registration Agreement and in the Domain Name Dispute Resolution Policy.
- E-mail accounts – different number of e-mail accounts can be set per each web hosting plan.
- MySQL/PostgreSQL Database(s) – MySQL databases are included in all our web hosting plans. PostgreSQL databases are available with our Corporate and Enterprise web hosting plans and optional for our business plan. Additional databases can be purchased as upgrade. Contact sales for more information.
- Database Storage – ISHost offers unlimited MySQL database storage for each hosting account. However, accounts with very large single databases can affect the overall server performance. Thus, we recommend that each database is kept under 200 MB in size. For accounts with databases over 500 MB in size, ISHost may request that the number of total database usage be reduced to ensure proper performance or may terminate the Subscriber’s account, with or without notice.
- Dedicated IP Address – ISHost’s hosting accounts do not include a dedicated IP address, unless listed in the list of plan features. Dedicated IP addresses can be purchased at any time as an upgrade to the web hosting service. Dedicated IP addresses are purchased for a period of at least one year and are non-transferable to other web hosting providers. Contact sales for more information.
- NB: Please note that according to IANA – the entity that coordinates the global pool of IPs, newly requested dedicated IP addresses must be used within 7 days of their allocation. So, if you request a dedicated IP address from your Control Panel and do not assign it to a host within 7 days of the allocation date, then the IP address will be taken back to the global pool of IPs. If so, you will need to re-request the IP address from the Dedicated IP Addresses section of your Control Panel.
- NB: Due to IANA limitations for the Australian network space, dedicated IP address will not be available with a web hosting account which is ordered in the Australian data centre.
- SSH – Included in our Enterprise plan, available as upgrade with the other hosting plans. Contact sales for more information.
- ID Protection – This service ensures that your private contact information will not be visible in the domain’s WHOIS details. Optional with all hosting plans, but available only with certain TLDs, supporting this option.
More comprehensive information about all features included in our web hosting packages is available on our web hosting plan pages.
INSTALLATION AND TROUBLESHOOTING
Each customer will be able to take advantage of our Installation & Troubleshooting service upgrade. It allows users to get one-time expert assistance from our technical support team or system administrators for a period of 1 hour. The Installation & Troubleshooting is intended for:
- Hacked sites cleaning and restoration service – If you find your website hacked or reported to be infected you can rely on our help getting this fixed for you. This service included a backup of the current content, cleaning and/or restoring broken files from original script installation or restore from a previous copy.
- Script, theme, plugin installation service – If you need any software installation, theme/template or even plugin installation that you do not wish to deal with, we can do it for you. We will back up the current site (if any) and complete the desired installation for you.
- Scripts troubleshooting and debugging services – In case you have an issue with a software that you are unable to handle, we can do the troubleshooting and fix it for you.
- Manual files, database or emails transfers between hosting accounts using our services. If you want to move a site or few over to another account, we can handle the migration for you hassle free.
The Installation & Troubleshooting will not apply in the following cases:
- Our installation service covers only fresh installations (no upgrades). We will not perform custom work or upgrade to a recent version on an already existing script.
- The service will not include any configuration of the scripts beyond their installation. After the scripts are being activated and operational any further tweaking and setup is done by the client.
- We will only provide installation and troubleshooting if the hosting is provided by us on our Linux Based Servers. We do not provide the service for any Windows, Linux and MAC servers which are not powered and managed by us.
- We don’t provide any warranties and will not be held responsible for any data loss or any script, theme, plugin not operating as intended.
Each customer will be able to take advantage of the package he/she has purchased at the introductory price levels and with one and the same set of features in the course of the whole contract period. ISHost reserves the right to introduce certain changes to the packages (in the form of complementary services) to the benefit of the customers.
ISHost will charge customers with fees based on the fee structure at the time of the sign-up process. ISHost reserves the right to introduce price changes to the packages when needed. This means that the current price list at www.ISHost.co may differ from the pricing and features of the customer’s account.
When signing up for an account with ISHost, the customer agrees to pay for the period of one year (365 days). Customers should abide by ISHost’s Order Verification Policy. Our sales Department will strictly scrutinize each account order and carefully processes each payment in order to ensure that no fraudulent user will take advantage of our web hosting system.
In cases of PayPal and American Express credit card payments, a 12-month recurring billing cycle will apply for customer convenience. In case that a customer wants to cancel their recurring contract, they can do so from the Recurring Manager section of their Web Hosting Control Panel.
ISHost guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
- Server Hardware Breakdown.
- User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, ISHost is not responsible for the downtime).
- Failure due to software that is not explicitly supported by ISHost If a hardware crash provoked by the customer consequently happens, ISHost is beyond the control and responsibility for the resulting downtime.
For more information, please read our Service Level Guarantees.
Our backup service is provided as a courtesy to you, and, therefore, ISHost will be in no way held responsible for the files stored in your account. You, as a customer, agree to take full responsibility for all the files in your account and to maintain an appropriate backup of the data stored on our servers. We will back up the files located in the /www folder of your account, as well as the databases you have created. Backups are only kept for a period of 7 days. After this period, a backup cannot be restored.
General Backup: The default available backup disk storage space for each customer is 10 GB. User accounts with content over 10 GB cannot be (partially or entirely) backed up. Additional space for backup purposes is available under our Upgrade section in the Control Panel. We provide backup services only to accounts with disk space usage below the purchased backup quota limit. For example, if the purchased data backup quota amounts to 20 GB, we will back up your files as long as your account’s disk usage does not exceed the 20 GB quota limit. As soon as this 20 GB quota limit has been reached – the backup script will no longer back up any of your files.
Database Backup: Our database backup script WILL NOT back up databases, which contain more than 256 tables. Databases bigger than that take too much time and use too much of the server’s resources to be backed up.
SOCIAL MEDIA LOGIN:
In order to facilitate access to the Control Panel for your account with us, you can set up Social Media login, i.e. – logging in with a social media account of your choice in lie of logging in with your username and password.
This is a voluntary process and requires you to provide us with your Social Media details, which will then be stored in our system and used just and only for associating your social media profile with your hosting account.
At any moment you can remove all Social Media details from our system using the bucket icon next to them. Otherwise, they will be retained in our system until your account is terminated.
- SERVICE ACTIVATION AND CONTINUANCE TIMESCALES
ISHost provides web hosting services to clients on a global scale. The services for newly signed up clients are activated immediately after our sales Department gets in touch with the payer over the phone to verify the payment details (this is required in order to prevent fraudulent orders). The payment verification procedure is compulsory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be cancelled.
The services for existing customers, including upgrade services and renewals, are activated immediately after our sales Department receives the according payment.
- Shared Web Hosting Accounts Timescale. The newly created cloud hosting accounts with ISHost are valid for 1 year. They can be renewed for another year that will be added to the official expiration date of the account. All account upgrades, purchased from the Web Hosting Control Panel, are valid and will be functional till the final expiration date of the respective web hosting account.
- Domain Name Registration Timescale. ISHost offers registration of the following TLDs (Top-Level Domains), purchased together with a cloud hosting account (TLDs on PROMOTIONAL prices – .com, .net, .org, .info, .biz, .us) or ordered separately as an upgrade from the Web Hosting Control Panel (all TLDs – NON-PROMOTIONAL prices).
- FREE DOMAIN NAME PROMOTION
ISHost allows for running a continual domain name promotion and giving FREE domain names to Customers upon signing up for a new web hosting account. This special domain name offer can be set only with our PROMOTIONAL TLDs (.com, .net, .info, .org, .biz, .us). In the case, however, that the money-back guarantee option is used by the customer, the domain name needs to be paid – $12.95 USD per year per domain name. The domain name owner will receive then an account username and password to manage his/her domain name and will be able to transfer the domain name at will.
- SERVICE EXPIRATION AND RENEWAL
The hosting service is active for one year (365 days). After the expiration of that period, the account will be automatically suspended and will remain suspended until the Customer renews it by paying its annual subscription fee. In case that the Customer does not renew his/her hosting account, it will remain BLOCKED. The account data will be kept for two months, after that it will be permanently deleted.
E-mail notifications regarding each account’s expiration are dispatched twice – 14 days and 7 days prior to the expiration date of the respective account. In order to receive the notifications, the customer must have provided a valid e-mail address. ISHost ensures that the e-mails are sent and takes no responsibility for e-mails that are not delivered due to problems with the recipient’s e-mail address.
- CUSTOMER RESPONSIBILITIES
ACCOUNT REGISTRATION AND MANAGEMENT
In consideration of their use of the Service, the Customer agrees to:
- Provide true, accurate, current and complete information about themselves as prompted by the registration form of the Service. Maintain and promptly update registration data to keep it true, accurate, current and complete. If the customer provides any information that is untrue, inaccurate, not current or incomplete, or ISHost has reasonable grounds to suspect (at its sole discretion) that such information is untrue, inaccurate, not current or incomplete, ISHost has the right to suspend or terminate the customer’s account and refuse any and all current or future use of the Service (or any portion thereof). If untrue details are used in order to avoid VAT the customer can be held responsible by the corresponding national tax collecting agency.
- When introducing any changes to their contact details, customers are obliged to notify ISHost in the course of a 10-business-day period after the changes become valid. The introduction of changes should be done online through the customers’ Web Hosting Control Panel, not via e-mail. This requirement is also in force for ISHost, that is – customers will always be aware of any contact information changes that the company places within its website. This way, a flawless communication process between both sides is guaranteed.
- Customers will receive a password and account designation upon completing of the registration process of the Service. Customers are responsible for maintaining the confidentiality of their passwords and accounts and are fully responsible for all activities that occur under that password or account. Customers agree to:
- immediately notify ISHost about any unauthorized use of their password or account or any other breach of security.
- ensure that they safely exit (log out from) their account at the end of each session. ISHost cannot and will not be liable for any loss or damage of account information arising from a customer’s failure to comply with this provision.
- If a hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, ISHost will take the side of the person who paid for the account and shall not provide access to any other person, since – for a hosting account owner is and will be considered to be the credit card / Pay Pal account holder.
- If the hosting account owner deceased prior to the account expiration ISHost Ltd will require death certificate or any other legal document that can prove that fact. Those who provide that information will be held legally responsible if the information is untrue. Once such documents are obtained, ISHost will be the sole arbiter in deciding whether the documents are authentic or not. A record of the obtained documents will be kept until the expiration date of the hosting account.
- CPU usage(or usage of the Central Processing Unit(s) of the web server the customer’s account is hosted on) – the CPU usage is subject to some regulations. Each hosting account can use up to 10% of the CPU power for no longer than 180 seconds at any given time, or 4.5% (for the Starter plan)/ 5% (for the Business plan)/ 7% (for the corporate plan)/ 10% (for the Enterprise plan) in the course of 24 hours.
Web Hosting Plan Name CPU Limit Starter plan 4.5 % Business plan 5 % Corporate plan 7 % Enterprise plan 10 % Custom-made plans 5 %
ISHost strongly recommends that customers be very judicious when using the CPU power for their accounts. We reserve the right to block files or scripts that excessively use CPU and notify clients. We may suspend customer accounts in cases of registered impact on other accounts on the server or disturbance caused to the functioning of the server. If we do suspend an account, then its owner will be notified of that and provided with explanation of the situation. The account owner may be offered to upgrade to a dedicated or a semi-dedicated web hosting solution.
- Emails Users are not allowed to:
- send more than 1500 emails per day / 150 emails per hour per hosting account (each email can be sent to a maximum of 50 recipients, as each unique recipient will be counted as one message sent).
- send more than 300 emails per day / 50 emails per hour per mailbox.
- If you consistently or abruptly exceed these limits, they can be lowered permanently to as low as 10 emails per day / 10 emails per hour and/or SMTP could be disabled until the issue is fixed.
- If you need to send more emails per day / hour than the specified limits, you can open a support ticket so that your case can be reviewed.
- – send more than 1500 emails a day using a mailing list (or 1 email to 1500 subscribers, respectively).
Repeat violations of the limits listed above can result in IP restrictions or, in extreme cases, denial of email service.
By default, each email account is entitled to 10 GB of storage space. You can modify or remove the storage quota for email accounts through the Web Hosting Control Panel. Keep in mind that all active email accounts under a hosting account must not exceed 40 GB in size. Only the Enterprise plan has an email storage quota of 60 GB. Each email account can host up to 200.000 stored messages.
Several specific limitations apply to the Domain Manager plan-included email service such as a maximum of 250 outbound emails per day/25 emails per hour. It also has an email storage quota of 500 MB and a limit of 3 mailboxes.
You can see the specific disk storage quota allocation and the number of emails allowed in the Account Usage table in the Web Hosting Control Panel.
You can manage as many mailboxes as you need under one account as long as you do not interfere with the other users on the server. However, if there are more than 3000 mailboxes in a given hosting account, its owner can cause high server load by just modifying a password or changing an alias.
If a particular mailbox simultaneously accommodates multiple emails and its owner often often executes changes like the ones mentioned above, then we’ll be forced to disable that account and ask the respective client to migrate to a more resource-rich type of a hosting environment where mailbox modification operations cannot lead to server performance issues.
- File Quota – There is no file quota limit for any one of our web hosting packages. Customers are allowed to have an unlimited number of files in their hosting account.
- Disk Space & Traffic – ISHost offers generous amounts of disk space and network bandwidth. Customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file types) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files that link to them. Audio, graphics, video, backup and/or archive files, such as .zip, .tar.gz, etc., must not exceed 50 GB and must not consume more than 25% of the web hosting disk space. Furthermore, such media files may amount to no more than 50% of the customer’s total monthly traffic usage. Upon a support ticket request by our customer care team, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request. If the client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes, the Provider reserves the right to suspend the account and/or to remove the aforesaid content from the server. In such cases, refunds are not applicable, and the money-back guarantee is no longer valid.
- MySQL usage – each database hosted in our system can be used only by the user who created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in the first-mentioned customer account. The MySQL database has a limit of 45,000 queries per hour. If you have reached 45,000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset. You can make a maximum of 15 simultaneous connections to a MySQL database.
- RAM quota – each account is allowed to use up to 2 GB RAM.
- PHP processes – each account is allowed up to 100 concurrent PHP processes.
- Access and error logs – The access and error logs for all client’s hosts in one account should not exceed 500 MB in total.
“UNLIMITED” USAGE POLICIES AND DEFINITIONS
The term “UNLIMITED” is used to describe the amount of resources in the web hosting plans provided by ISHost, which is not set to a predefined limit value (for example – unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.
In all cases, when a service is listed as “Unlimited “, it is intended for normal web hosting usage only – all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited.
Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. ISHost will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer’s hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, ISHost reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers’ websites, website content, electronic mail, or termination of a customer’s account according to ISHost’s sole and absolute discretion.
SERVER USAGE & HOSTED CONTENT
- Server content MUST comply with the parameters stated in this TOS and our AUP (Acceptable Use Policy). Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of ISHost Services are used for the illegal purpose of SPAM or UCE, then they will be terminated instantaneously. ISHost expressly bans the use of any ISHost hardware or software hosted on a ISHost server for trying to illegally access another hosted machine or network. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact a ISHost Service representative.
- Using ISHost temporary URL is not defined as a bandwidth stealing. However customers should not rely on ISHost temporary URL as a basic URL. Traffic processing there is not recommendable. ISHost cannot and will not be held responsible for changing it afterwards. Customers are advised to use it temporarily and redirect their traffic to their own domains.
- NO UNLAWFUL OR PROHIBITED USE
As a condition for customer use of the ISHost Services, you – the Customer, agree that you will not use ISHost Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and our Acceptable Use Policy (AUP). ISHost servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted.
Customers are solely responsible for the content of their messages. Using ISHost Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited.
In this light, ISHost expressly forbids any breach of Federal, State or Local regulation, including, but not limited to, the transmission of copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. ISHost servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult or pornographic material, or any other material which is considered impermissible by the company’s terms of service (this document) and the Acceptable Use Policy (AUP). Customers may not attempt to gain unauthorized access to any ISHost Services, other accounts, computer systems or networks connected to any ISHost Services, through hacking, password mining or other means. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by ISHost Services.
You also agree that you will not use the Services in a manner that:
- Is illegal or promotes or encourages illegal activity such as Ponzi schemes.
- Promotes, encourages or engages in child pornography or the exploitation of children.
- Promotes, encourages or engages in terrorism, violence against people, animals, or property.
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking.
- Participates or promotes the transmission of copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets.
- Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription.
- Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation or promotes or facilitates prostitution and/or sex trafficking.
- Infringes on the intellectual property rights of another User or any other person or entity.
- Violates the privacy or publicity rights of another Customer or any other person or entity or breaches any duty of confidentiality that You owe to another Customer or any other person or entity.
- Interferes with the operation the ISHost’s Services.
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding ISHost’s Services.
ISHost’s management will thoroughly scrutinize all received orders and decide, to their own discretion, which of them do not comply with the officially stated requirements for use of the company servers. ISHost reserves the right to refuse service to unlawful parties. ISHost reserves the right at all times to disclose any information, as ISHost deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of ISHost.
- E-COMMERCE CUSTOMER WEBSITES
When buying an allocated space on ISHost servers for the purpose of creating e-commerce online stores or related e-commerce activities websites, the Customer agrees to be fully responsible for the development, operation and maintenance of their web sites, online stores and e-commerce activities within that website. The Customer is the only one in charge of approving, processing and filling customer orders and taking care of customer requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
Each customer is in charge of all products and services, as well as all contents and materials appearing online, including:
- the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products.
- certainty that the Customer Content and content and materials appearing in the Customer store or on its products do not violate or infringe upon the rights of any person.
- certainty that the Customer Content and the content and materials appearing in the Customer store or on its products are not calumnious or somehow illegal.
- Each Customer guarantees to ISHost that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to ISHost that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
- infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party.
- break any criminal law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.
- Each Customer empowers ISHost to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. ISHost is granted the right to estimate at its own discretion, the extent to which these operations need to be carried out.
- THIRD PARTY DEALINGS
Any dealings with third parties (including advertisers) carried out through ISHost Services, including participation in promotions, payment for goods and services, and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the Customer and the advertiser or the other third party. ISHost shall not be responsible or liable for any part of such dealings or promotions.
- CANCELLATION, REFUNDS & CHARGEBACKS
CANCELLATION & REFUNDS
ISHost accounts are set up on a prepay basis. ISHost customers may decide to cancel their accounts at any time, however they will get a full refund of the service only if the cancellation request is made within 30 days of purchasing of the account, according to our Money Back Guarantee Policy.
To cancel an account, the customer needs to send an e-mail or support ticket to our sales Department and provide any authentication credentials requested by ISHost Other forms of cancellation requests will not be accepted. Any incentives (free bonuses) offered to the customer upon sign-up will be also cancelled.
Domain name registrations/transfers, service upgrades and web hosting plan renewals are treated as non-refundable services (see below) and cannot be cancelled or refunded after being activated upon customer request. The customer will have the possibility to transfer his/her domain away to another host.
Late cancellations, as well as accounts cancelled by ISHost due to TOS violations (where the customer has decided not to fix the violation) do not qualify for the 30-day money back guarantee.
All credit requests for VISA, MasterCard, American Express and Discovery payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to your credit/debit card and affect your credit/debit card balance in accordance with the credit/debit card issuer’s terms of service.
All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to your PayPal account and affect your PayPal balance in accordance with PayPal’s terms of service.
MONEY-BACK GUARANTEE POLICY
ISHost offers a 30-day money back guarantee. If, for any reason, you (or clients of yours) are dissatisfied with our hosting services, we will refund your (their) hosting fees at any time during the first 30 days after the signup date of any hosting account you (they) have purchased from us. You can submit a refund request in a trouble ticket from your Control Panel, or send us an email to billing@ISHost.co, and receive full refund for any hosting plan you have purchased from us within 30 days of the payment data of the account.
SSL certificate issuance, as a third-party service, is not covered by the 30-day money-back guarantee that ISHost provides for its web hosting services. An SSL certificate buyer is eligible for a refund within 4 days of purchase.
All recurring payments, as well as all payments made via a wire transfer, are non-refundable and are not covered by the 30-day money-back guarantee.
Non-Refundable Services: all service upgrades, wallet refills and plan renewal services purchased from the Web Hosting Control Panel; all 1-year or multi-year domain registration or transfer services purchased at sign-up or from the Web Hosting Control Panel.
All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain’s TLD, multiplied by the number of years of registration or transfer. Any refund amount credited back to a customer in accordance with our 30-day money back guarantee will not include the cost of the non-refundable services (if any) that have been purchased with the customer’s web hosting plan upon sign-up (i.e. the customer will be issued a partial refund on the original transaction if he/she has purchased non-refundable services within the web hosting account). A table containing the annual NON-PROMOTIONAL prices of all domain names offered by ISHost is located in section 3 of this legal document.
Chargebacks are not used for processing refunds. Any customer who initiates a credit card chargeback in response to a bill or order placed at ISHost will be subject to full investigation.
When signing up for a web hosting service with ISHost, customers is acknowledging and accepting the terms outlined in both the Acceptable Use Policy (AUP) and the Web Hosting Terms of Service (this document), which serve as evidence of the customer’s agreement.
In cases where a customer files a chargeback with their credit card issuer, claiming to dispute points they had initially agreed to, ISHost and its authorized retailers (PayPal and Stripe) will refer back to these documents for clarification and resolution.
If a chargeback is initiated, the customer’s account will be temporarily deactivated to prevent fraudulent activity and misuse. The account will remain suspended until the reasons for the chargeback are investigated and appropriate action is determined.
Common chargeback resolution scenarios:
- If a chargeback occurs due to misunderstanding, the customer will be required to close the case with PayPal/the issuing bank, so ISHost can initiate a reverse payment process with its authorized retailers and reactivate the account.
- In the event that a customer submits a chargeback request using unfounded claims, as determined by our own assessment and the aforementioned documentation, ISHost will initiate a dispute with its authorized retailers.
The retailers will carefully review all clauses within the aforementioned legal documents to determine whether there were legitimate grounds for the chargeback or if ISHost is entitled to receive a reverse payment.
While the chargeback procedure is underway, the customer will be able to have their account reactivated and services restored by covering the initial service costs along with a non-refundable fee of $30.00 USD. This fee can only be paid via bank wire transfer.
Non-Refundable Dispute Fee and Its Purpose
In order to facilitate effective dispute resolution, ISHost imposes a non-refundable Dispute Fee on transactions initiated by PayPal customers or customers using a Credit/Debit cart Checkout.
This Dispute Fee is applicable to such transactions in two key scenarios:
- PayPal Dispute: When a customer directly initiates a dispute through PayPal’s platform.
- Chargeback or Bank Reversal: When a customer opts to file a chargeback with their credit card issuer or initiates a reversal with their banking institution.
This Non-Refundable Dispute Fee is intended to cover the costs associated with managing and overseeing dispute resolution. It enables us to investigate and address disputes promptly, thereby ensuring a fair and transparent resolution for all parties involved. The Dispute Fee is an essential component in supporting our ongoing efforts to maintain a secure and reliable platform for our valued customers.
- If a criminal fraud chargeback case arises (for example, when stolen credit card information is used to make purchases) or if a dispute has been resolved in Favor of the credit card holder, our services will be permanently terminated with no possibility of recovery. The associated account will be labelled as “chargeback” in our system and a chargeback fee of $30 USD will be deducted from the Reseller’s profit balance. This fee covers the charges imposed on ISHost by our authorized retailers for the unauthorized transaction that was reported.
- NEWS RELEASES
Certain sections of ISHost’s news releases may contain forward-looking statements projecting future events, such as new software incorporations, updates, promotions, hosting introductions, etc. It is possible that these statements may deviate from the actual circumstances, since they are treated as intentions and express expectations and approximate plans of action regarding the relevant forthcoming events.
Forward Looking Statements can be recognized by the availability of indicative words such as “believes”, “anticipates,” “plans,” “may,” “hopes,” “can,” “will,” “expects,” “is designed to,” “with the intent,” “potential”, etc. However, their availability is not a prerequisite for a forward-looking statement to be treated as such.
- TORTUROUS CONDUCT
Any way of indecent treatment towards a ISHost employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with ISHost’s employees regarding any request for help or consultation via e-mail, chat, phone or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behaviour – oral, written, or delivered by a second party – to members of ISHost’s customer care stuff will be interpreted as a breach of this TOS. ISHost reserves the right to assess at its sole discretion which behaviour is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions, including refuse refunds to users whose accounts have been suspended for violating this TOS provision.
- FORCE MAJEURE CIRCUMSTANCES
ISHost will be in an off-liability position as regards the failure or delay in doing its professional duties resulting from circumstances beyond its control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.
- SERVICE PROVISION; WARRENTIES AND REPRESENTATIONS
You understand and agree that the Service is provided on an ‘AS-IS’ basis without warranties or representations for its offering. The company bears no responsibility for connection problems in cases when customers’ hosting with ISHost confronts with service interruption issues. ISHost assumes no liability for any service failure, or failure to deliver or store any Customer communication or personalization settings.
- SERVICE DISCONTINUANCE
ISHost reserves the right to discontinue the delivering of the services and terminate this agreement for a certain period of time or indefinitely, with a prior notice. If the reason for this is Customer’s failure to observe these Web Hosting Terms of Service and/or our Acceptable Use Policy, no refund will be issued to the customer for the unused period of his/her annual subscription with ISHost If the Customer has not violated any part of these Web Hosting Terms of Service, the Acceptable Use Police and/or any related documents – the customer will receive partial refund for his/her web hosting subscription with us for the period that has remained unused.
- COMPLAINTS PROCEDURE
ISHost is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are encouraged to make use of our complaint’s procedure detailed below.
In order to file a complaint, please send us an email to email@example.com, specifying the nature of the problem you are experiencing. Please, provide as many details about your particular case as possible. The more we know about your situation, the better, prompt and adequate our resolution will be.
Here are our steps of addressing every single complaint:
- ISHost will confirm receipt of your complaint in writing, notifying you that the complaint will be addressed without delay. ISHost reserves the right to refuse to investigate complaints which are obviously frivolous, abusive or offensive.
- A ISHost Customer Care representative will review your situation, search for an appropriate solution and inform you of the timeframe within which a response should be expected.
- If the ISHost Customer Care representative cannot resolve your case within the pre-announced period, your complaint will be escalated to a Customer Care manager.
- If the ISHost Customer Care manager also can’t provide an appropriate solution, then your complaint will be forwarded to the Company Director, who will further investigate the situation to ensure that all necessary measures have been taken. The Company Director will respond in writing within two working days and reply with a solution within five working days.
- CONTACT DETAILS
Resellers, as well as their customers, can get in touch with our Customer Support Service via any of the options listed below. 1-hour support response is guaranteed!
- Via our ticketing systems – open a trouble ticket from the Web Hosting Control Panel (section Help Center – > Open New Ticket) or the Reseller Control Panel (section Support Tickets – > Reseller Support).
- E-mail us using our Contact Us form.
- Live Chat – pre-sales and general questions only.
In order to improve its services, ISHost reserves the right to revise these terms at any time without prior notice. Customers are encouraged therefore to review this document periodically.
Customers do not have the right to assign this Agreement without the explicit permission of ISHost This Agreement shall be in force and effect to the total benefit of the Customer and ISHost and their successors and permitted assigns.
You agree that ISHost, at its sole discretion, may terminate your password, account or use of the Service (or any part thereof), and remove and discard any Content within the Service if you violate this Agreement.
Please report any violations of these Terms of Service, the Acceptable Use Policy and the Domain Name Dispute Resolution Policy to firstname.lastname@example.org