Terms of Service
This policy represents the Hostunlimited.eu Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with Hostunlimited.eu. Hostunlimited.eu reserves the exclusive right to revise, change, or amend any portion of this policy at any time, without advance notice to customers.
Customers using any services offered by Hostunlimited.eu consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Hostunlimited.eu, any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE 'BUY NOW' BUTTON ON THE ORDER FORM REFERENCED HEREIN, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING Hostunlimited.eu'S PRIVACY POLICY & ACCEPTABLE USAGE POLICY. YOUR USE OF THE SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
General Provisions
In consideration for Hostunlimited.eu maintaining one or more accounts (each "account"), you agree to the following terms of service.
Definitions
• "We" "Us" or "Provider" or "Hostunlimited.eu."
• "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The internet is a complex network of equipment, services, and providers of information, thus the service may not be available to you at all times. That said, Hostunlimited.eu offers a 99.9% uptime guarantee. This is valid for only the connection. Hostunlimited.eu will pursue all resources and channels available to maintain maximum uptime; however, Hostunlimited.eu is not responsible for any down time caused by a client's error.
Hostunlimited.eu MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Hostunlimited.eu nor any one else involved in the provision of service is liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from the negligence of Hostunlimited.eu, even if Hostunlimited.eu has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL Hostunlimited.eu BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Hostunlimited.eu'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Hostunlimited.eu'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Hostunlimited.eu HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Hostunlimited.eu'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Hostunlimited.eu FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Hostunlimited.eu'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold Hostunlimited.eu and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto Hostunlimited.eu's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Hostunlimited.eu's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by Hostunlimited.eu's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Services Provided by Hostunlimited.eu
Web Hosting Services
Hostunlimited.eu will provide web hosting services or internet server rental ("the service") to its members for the express purpose of allowing customers to provide http internet content to the general public. The service allows Hostunlimited.eu members to maintain internet websites, receive, and maintain email accounts, and access web space via FTP to upload files for their websites. For the term of the agreement as set forth herein, Hostunlimited.eu agrees to provide these services according the plan selected by you upon activation of your account. Hostunlimited.eu reserves the right to change, amend, and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Hostunlimited.eu website at the time you create your account and remain in effect throughout the term of your agreement. Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.
Hostunlimited.eu members will use the provided services in a manner consistent with any and all applicable county and federal laws. Hostunlimited.eu provides the services exclusively and makes no effort to edit, control, monitor, or restrict the content of data other than as necessary to provide such services. If any of the below activities are committed, Hostunlimited.eu can terminate a client's account without notification.
Click here to read about Hostunlimited.eu's definition of "unlimited" disk space/bandwidth.
Domain Registration and Other Services
At a customer's request, Hostunlimited.eu may also acquire a second-level domain name ("domain name"), on behalf of a customer. Hostunlimited.eu will not own or otherwise control any domain name registered on your behalf. Hostunlimited.eu provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Hostunlimited.eu for any and all damages, losses, claims, or expenses arising our or related to the acquisition, registration and/or use of the domain name. Any costs incurred by Hostunlimited.eu to obtain and/or maintain the domain name on your behalf shall be charged to you by Hostunlimited.eu under the provision therefore elsewhere herein.
Other Services
Hostunlimited.eu offers a listing of additional services in conjunction with its domain registration and web hosting services. The terms of these services are governed by this agreement. The details of these services are as indicated within the Hostunlimited.eu website.
Privacy Registration Service
Upon request, the Hostunlimited.eu member may elect to use Hostunlimited.eu's Privacy Registration Service. If so, you agree to be bound by the terms of the Hostunlimited.eu which may be found on the Hostunlimited.eu website. The terms of Privacy Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Privacy Registration Policy. Failure to so comply is cause for immediate suspension of all Hostunlimited.eu services.
Hostunlimited.eu offers this service in compliance with all domain name registration laws and obligations under all jurisdictions. This includes acceptable terms as illustrated by ICANN listed at www.ican.org.
IP Address Ownership
During the course of providing services to a customer, Hostunlimited.eu may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, Hostunlimited.eu shall retain ownership of any IP address or addresses used by the customer under this agreement, and that Hostunlimited.eu reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
ACCEPTABLE USE
a) Client Content: The client agrees that web pages and files uploaded to servers will not violate any province, federal, or foreign laws or regulations; infringe on any intellectual property rights of Hostunlimited.eu or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Hostunlimited.eu or any third party. Customers may not run IRC, bots, or clients. Unacceptable uses also include: bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. Hostunlimited.eu will be the sole and final arbiter as to what constitutes a violation of this policy. Hostunlimited.eu does not normally monitor the contents of clients servers; however, if suspicion occurs, Hostunlimited.eu reserves the right to investigate and terminate the client's subscription to the service.
b) Bandwidth Usage: Hostunlimited.eu offers a generous amount of data transfer per month. Hostunlimited.eu reserves the right to review and place limitations on those accounts that adversely affect an individual server’s processing performance.
c) Excessive Resource User Policy: Resources are defined as bandwidth, memory, and/or processor utilization. A website is considered using "excessive amounts of resources" when it monopolies the resources available using 1% or more of system resources for longer than 60 seconds. There are numerous problems that could cause such problems including, but not limited to: cgi scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client who is using "excessive resources" will be asked to upgrade his/her package to one of our dedicated server packages. Hostunlimited.eu will be the sole and final arbiter as to what constitutes a violation of this policy.
d) No "Spam": UCE/UBE or "spam" originating from a server located on our network or associated with a Hostunlimited.eu server is not tolerated. This includes any email that promotes websites hosted on a server located on the Hostunlimited.eu network, but is sent from an email address not associated with that Hostunlimited.eu account. The client shall not use his/her Hostunlimited.eu services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Hostunlimited.eu reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $200 clean-up fee if an account was suspended for policy violation. In the event of a dispute Hostunlimited.eu reserves the right to determine, in its sole and discretion, whether email recipients were from an opt-in email list.
e) False Information: The client agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Hostunlimited.eu concerning unethical, false, or unlawful activities by you, Hostunlimited.eu reserves the right to terminate your service without notice.
f) Licensed Software Only: The client agrees to use only properly licensed third party software in connection with the client's use of the services.
g) Back-Up Files: Hostunlimited.eu provides the tools needed to create back-ups of account data. It is the responsibility of the customer to keep up-to-date archives of his/her backed up data. Hostunlimited.eu currently does not utilize any back-up services and is not responsible for any lost data.
h) No Unauthorized Scripts or Executables: The customer agrees not to run any scripts, executables, or other programs or processes on Hostunlimited.eu servers or other equipment that will in any way adversely affect the performance of said equipment.
i) Violations of Intellectual Property Rights: The customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Any violation of any individual or entity's intellectual property rights including rights of privacy and rights of publicity are prohibited. Hostunlimited.eu is required by law to remove or block access to content appearing on or through the services upon receipt of proper notice of copyright infringement.
j) Viruses and Other Destructive Activities: Use of the services for creating or sending malicious, destructive, or nuisance code, examples of which include but are not limited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a breach of this agreement. The customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the services (or any connected network, system, service or equipment).
k) Malicious or Unauthorized Hacking: The customer agrees not conduct or promote any 'hacking' activity and agrees that 'hacking' as herein defined includes but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in malicious or unauthorized hacking or cracking. Any such activity on the part of customer is a material breach of this agreement.
l) Child Pornography: The use of the services to store, post, display, transmit, advertise, or otherwise make available child pornography is prohibited. Hostunlimited.eu will as required by law, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the services.
m) Other Illegal Activities: The use of the services to engage in any activities that are determined by Hostunlimited.eu, in its sole and absolute discretion, to be illegal or which in Hostunlimited.eu's opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Hostunlimited.eu will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the services.
n) Obscene, Defamatory, Abusive or Threatening Language: Use of the services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive, or threatening language is prohibited.
o) Data Warehousing: The servers provided by Hostunlimited.eu are intended for web services use only. Any use of our servers for file storage, data warehousing, back-up data storage, or any form of data file storage or management is prohibited. Hostunlimited.eu servers are intended for web enabled services and hosting.
p) Prohibited Activities: The client will not run services or software related to Internet Relay Chat ("IRC"), Peer To Peer File Sharing ("P2P"), bit torrent, game servers, proxy server network, or interactive chat applications The client is strictly prohibited from running a P2P, membership or community site for file sharing, video sharing or photo sharing. The above activities consume a great deal of server resources and are strictly prohibited.
q) Other Prohibited Activities: Engaging in any activity that, in Hostunlimited.eu's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the services, Hostunlimited.eu's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Hostunlimited.eu's customers to effectively use the services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this agreement. In addition, the failure by a customer to cooperate with Hostunlimited.eu in correcting or preventing violations of this agreement by, or that result from the activity of, a customer of the subscriber is a violation of this agreement.
FEES & PAYMENTS
a) Fees - Hostunlimited.eu charges the following fees where applicable. All such fees are subject to change with 30 days notice. Not all fees are applicable to all accounts.
b) Set-Up Fee – This is a one time fee that may be charged in connection with the establishment of a new account.
c) Service Fee – This is the fee for your, 1-year, 2-year or 3-year web hosting services.
d) Domain Registration Fee – This is the fee for the registration of a domain name and is non-refundable.
e) Other Service Related Fees – These are fees for additional services that you may choose to add to your account.
f) Change of Plans: Hostunlimited.eu also reserves the right to alter, change, amend, or delete fees at its sole discretion. Hostunlimited.eu further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
g) Hostunlimited.eu reserves the right to offer promotional rates which may or may not be more favourable than the terms under which you entered this agreement. Any special rates shall not effect the existing rights and responsibilities of each party. Hostunlimited.eu also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
h) Payment of Fees - Hostunlimited.eu accepts payment by Credit & Debit cards (Visa, Delta, Electron, Switch, MasterCard, American Express), Paypal.
i) Payment Obligations: Full payment is required in advance before hosting service is established. Hostunlimited.eu sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the order form (or other information that Hostunlimited.eu may require) is accurate and truthful. All payment-due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. To have your account re-established, you will need to pay the monthly fees, plus any interest that may have accumulated at the rate of 9.35% per year. There is a $65 processing fee for chargebacks.
j) Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Hostunlimited.eu thirty (30) days before the renewal date that you do not wish to renew or make changes to such term of this agreement.
k) Cancellation & Refunds: Should you become unsatisfied with our services within the first 30 days of your account activation, Hostunlimited.eu will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for pre-paid accounts after the 30 days of account activation.Also refunds are not available for VPS packages. You may, however, cancel your account at any time.However you must give us 15 days notice in advance before your account is due. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations and set-up fees.
99.9% Service Level Agreement "SLA"
Hostunlimited.eu offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem-free. Hostunlimited.eu will try to maintain maximum uptime. Hostunlimited.eu is not responsible for any downtime caused by the client.
30-Day Money Back Guarantee
Hostunlimited.eu offers an unconditional 30-day money back guarantee that covers cancellations of an web hosting account made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our mission to achieve industry-leading customer satisfaction, the customer will be refunded all hosting charges made to his/her credit card minus any set-up fees which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement.Also refunds are not available for VPS packages. Domain name registrations are also non-refundable. Any questions regarding the 30-day money back guarantee should be forwarded to sales@hostunlimited.eu .
SUSPENSION AND TERMINATION
At the sole discretion of Hostunlimited.eu, for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to payment of fees or any violation of the acceptable use policy, Hostunlimited.eu may suspend your account by deactivating any access by you and/or by web users to any information contained on the Hostunlimited.eu servers related to your account. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension, you will be notified. At the option of Hostunlimited.eu, you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected, the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
a) Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Hostunlimited.eu servers. Such information or data may or may not be made available to you by Hostunlimited.eu after any such termination. This agreement may be terminated either after a period of suspension as indicated above or at the sole discretion of Hostunlimited.eu. In the event of termination, there will be no refund provided to you. In addition, Hostunlimited.eu may charge you an additional termination fee not to exceed $100.00 at its sole option. The assessment of this termination fee shall not affect the rights of Hostunlimited.eu to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs, and/or attorney's fees.
ASSIGNMENT
Your rights under this agreement may be assigned only upon prior notice and express approval by Hostunlimited.eu. Any other attempted transfer or assignment of rights hereunder shall be null and void.
You have all rights to transfer, sell, or modify your domain name to another person or individual. If you decide to sell or transfer your domain name and Hostunlimited.eu is the domain name registrar, please request our "domain name transfer instructions" by sending an email to support@hostunlimited.eu . We will send you the specific details and information about transfer of ownership.
Web hosting services accounts from Hostunlimited.eu are not transferable and cannot be assigned to another individual.
Hostunlimited.eu may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Hostunlimited.eu.
AMENDMENT
Hostunlimited.eu may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the Hostunlimited.eu websites in place of the old agreement. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. If any material modification to this agreement is unacceptable to the customer it shall be customer's responsibility to terminate his/her subscription. If the customer does not terminate the agreement within 10 days of the material modification, then customer's continued use will mean that customer has accepted the amended or modified agreement and the agreement is in full force and effect.
This policy represents the Hostunlimited.eu Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with Hostunlimited.eu. Hostunlimited.eu reserves the exclusive right to revise, change, or amend any portion of this policy at any time, without advance notice to customers.
Customers using any services offered by Hostunlimited.eu consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Hostunlimited.eu, any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE 'BUY NOW' BUTTON ON THE ORDER FORM REFERENCED HEREIN, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING Hostunlimited.eu'S PRIVACY POLICY & ACCEPTABLE USAGE POLICY. YOUR USE OF THE SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
General Provisions
In consideration for Hostunlimited.eu maintaining one or more accounts (each "account"), you agree to the following terms of service.
Definitions
• "We" "Us" or "Provider" or "Hostunlimited.eu."
• "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The internet is a complex network of equipment, services, and providers of information, thus the service may not be available to you at all times. That said, Hostunlimited.eu offers a 99.9% uptime guarantee. This is valid for only the connection. Hostunlimited.eu will pursue all resources and channels available to maintain maximum uptime; however, Hostunlimited.eu is not responsible for any down time caused by a client's error.
Hostunlimited.eu MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Hostunlimited.eu nor any one else involved in the provision of service is liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from the negligence of Hostunlimited.eu, even if Hostunlimited.eu has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL Hostunlimited.eu BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Hostunlimited.eu'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Hostunlimited.eu'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Hostunlimited.eu HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Hostunlimited.eu'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Hostunlimited.eu FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Hostunlimited.eu'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold Hostunlimited.eu and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto Hostunlimited.eu's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Hostunlimited.eu's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by Hostunlimited.eu's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Services Provided by Hostunlimited.eu
Web Hosting Services
Hostunlimited.eu will provide web hosting services or internet server rental ("the service") to its members for the express purpose of allowing customers to provide http internet content to the general public. The service allows Hostunlimited.eu members to maintain internet websites, receive, and maintain email accounts, and access web space via FTP to upload files for their websites. For the term of the agreement as set forth herein, Hostunlimited.eu agrees to provide these services according the plan selected by you upon activation of your account. Hostunlimited.eu reserves the right to change, amend, and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Hostunlimited.eu website at the time you create your account and remain in effect throughout the term of your agreement. Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.
Hostunlimited.eu members will use the provided services in a manner consistent with any and all applicable county and federal laws. Hostunlimited.eu provides the services exclusively and makes no effort to edit, control, monitor, or restrict the content of data other than as necessary to provide such services. If any of the below activities are committed, Hostunlimited.eu can terminate a client's account without notification.
Click here to read about Hostunlimited.eu's definition of "unlimited" disk space/bandwidth.
Domain Registration and Other Services
At a customer's request, Hostunlimited.eu may also acquire a second-level domain name ("domain name"), on behalf of a customer. Hostunlimited.eu will not own or otherwise control any domain name registered on your behalf. Hostunlimited.eu provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Hostunlimited.eu for any and all damages, losses, claims, or expenses arising our or related to the acquisition, registration and/or use of the domain name. Any costs incurred by Hostunlimited.eu to obtain and/or maintain the domain name on your behalf shall be charged to you by Hostunlimited.eu under the provision therefore elsewhere herein.
Other Services
Hostunlimited.eu offers a listing of additional services in conjunction with its domain registration and web hosting services. The terms of these services are governed by this agreement. The details of these services are as indicated within the Hostunlimited.eu website.
Privacy Registration Service
Upon request, the Hostunlimited.eu member may elect to use Hostunlimited.eu's Privacy Registration Service. If so, you agree to be bound by the terms of the Hostunlimited.eu which may be found on the Hostunlimited.eu website. The terms of Privacy Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Privacy Registration Policy. Failure to so comply is cause for immediate suspension of all Hostunlimited.eu services.
Hostunlimited.eu offers this service in compliance with all domain name registration laws and obligations under all jurisdictions. This includes acceptable terms as illustrated by ICANN listed at www.ican.org.
IP Address Ownership
During the course of providing services to a customer, Hostunlimited.eu may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, Hostunlimited.eu shall retain ownership of any IP address or addresses used by the customer under this agreement, and that Hostunlimited.eu reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
ACCEPTABLE USE
a) Client Content: The client agrees that web pages and files uploaded to servers will not violate any province, federal, or foreign laws or regulations; infringe on any intellectual property rights of Hostunlimited.eu or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Hostunlimited.eu or any third party. Customers may not run IRC, bots, or clients. Unacceptable uses also include: bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. Hostunlimited.eu will be the sole and final arbiter as to what constitutes a violation of this policy. Hostunlimited.eu does not normally monitor the contents of clients servers; however, if suspicion occurs, Hostunlimited.eu reserves the right to investigate and terminate the client's subscription to the service.
b) Bandwidth Usage: Hostunlimited.eu offers a generous amount of data transfer per month. Hostunlimited.eu reserves the right to review and place limitations on those accounts that adversely affect an individual server’s processing performance.
c) Excessive Resource User Policy: Resources are defined as bandwidth, memory, and/or processor utilization. A website is considered using "excessive amounts of resources" when it monopolies the resources available using 1% or more of system resources for longer than 60 seconds. There are numerous problems that could cause such problems including, but not limited to: cgi scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client who is using "excessive resources" will be asked to upgrade his/her package to one of our dedicated server packages. Hostunlimited.eu will be the sole and final arbiter as to what constitutes a violation of this policy.
d) No "Spam": UCE/UBE or "spam" originating from a server located on our network or associated with a Hostunlimited.eu server is not tolerated. This includes any email that promotes websites hosted on a server located on the Hostunlimited.eu network, but is sent from an email address not associated with that Hostunlimited.eu account. The client shall not use his/her Hostunlimited.eu services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Hostunlimited.eu reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $200 clean-up fee if an account was suspended for policy violation. In the event of a dispute Hostunlimited.eu reserves the right to determine, in its sole and discretion, whether email recipients were from an opt-in email list.
e) False Information: The client agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Hostunlimited.eu concerning unethical, false, or unlawful activities by you, Hostunlimited.eu reserves the right to terminate your service without notice.
f) Licensed Software Only: The client agrees to use only properly licensed third party software in connection with the client's use of the services.
g) Back-Up Files: Hostunlimited.eu provides the tools needed to create back-ups of account data. It is the responsibility of the customer to keep up-to-date archives of his/her backed up data. Hostunlimited.eu currently does not utilize any back-up services and is not responsible for any lost data.
h) No Unauthorized Scripts or Executables: The customer agrees not to run any scripts, executables, or other programs or processes on Hostunlimited.eu servers or other equipment that will in any way adversely affect the performance of said equipment.
i) Violations of Intellectual Property Rights: The customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Any violation of any individual or entity's intellectual property rights including rights of privacy and rights of publicity are prohibited. Hostunlimited.eu is required by law to remove or block access to content appearing on or through the services upon receipt of proper notice of copyright infringement.
j) Viruses and Other Destructive Activities: Use of the services for creating or sending malicious, destructive, or nuisance code, examples of which include but are not limited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a breach of this agreement. The customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the services (or any connected network, system, service or equipment).
k) Malicious or Unauthorized Hacking: The customer agrees not conduct or promote any 'hacking' activity and agrees that 'hacking' as herein defined includes but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in malicious or unauthorized hacking or cracking. Any such activity on the part of customer is a material breach of this agreement.
l) Child Pornography: The use of the services to store, post, display, transmit, advertise, or otherwise make available child pornography is prohibited. Hostunlimited.eu will as required by law, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the services.
m) Other Illegal Activities: The use of the services to engage in any activities that are determined by Hostunlimited.eu, in its sole and absolute discretion, to be illegal or which in Hostunlimited.eu's opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Hostunlimited.eu will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the services.
n) Obscene, Defamatory, Abusive or Threatening Language: Use of the services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive, or threatening language is prohibited.
o) Data Warehousing: The servers provided by Hostunlimited.eu are intended for web services use only. Any use of our servers for file storage, data warehousing, back-up data storage, or any form of data file storage or management is prohibited. Hostunlimited.eu servers are intended for web enabled services and hosting.
p) Prohibited Activities: The client will not run services or software related to Internet Relay Chat ("IRC"), Peer To Peer File Sharing ("P2P"), bit torrent, game servers, proxy server network, or interactive chat applications The client is strictly prohibited from running a P2P, membership or community site for file sharing, video sharing or photo sharing. The above activities consume a great deal of server resources and are strictly prohibited.
q) Other Prohibited Activities: Engaging in any activity that, in Hostunlimited.eu's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the services, Hostunlimited.eu's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Hostunlimited.eu's customers to effectively use the services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this agreement. In addition, the failure by a customer to cooperate with Hostunlimited.eu in correcting or preventing violations of this agreement by, or that result from the activity of, a customer of the subscriber is a violation of this agreement.
FEES & PAYMENTS
a) Fees - Hostunlimited.eu charges the following fees where applicable. All such fees are subject to change with 30 days notice. Not all fees are applicable to all accounts.
b) Set-Up Fee – This is a one time fee that may be charged in connection with the establishment of a new account.
c) Service Fee – This is the fee for your, 1-year, 2-year or 3-year web hosting services.
d) Domain Registration Fee – This is the fee for the registration of a domain name and is non-refundable.
e) Other Service Related Fees – These are fees for additional services that you may choose to add to your account.
f) Change of Plans: Hostunlimited.eu also reserves the right to alter, change, amend, or delete fees at its sole discretion. Hostunlimited.eu further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
g) Hostunlimited.eu reserves the right to offer promotional rates which may or may not be more favourable than the terms under which you entered this agreement. Any special rates shall not effect the existing rights and responsibilities of each party. Hostunlimited.eu also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
h) Payment of Fees - Hostunlimited.eu accepts payment by Credit & Debit cards (Visa, Delta, Electron, Switch, MasterCard, American Express), Paypal.
i) Payment Obligations: Full payment is required in advance before hosting service is established. Hostunlimited.eu sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the order form (or other information that Hostunlimited.eu may require) is accurate and truthful. All payment-due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. To have your account re-established, you will need to pay the monthly fees, plus any interest that may have accumulated at the rate of 9.35% per year. There is a $65 processing fee for chargebacks.
j) Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Hostunlimited.eu thirty (30) days before the renewal date that you do not wish to renew or make changes to such term of this agreement.
k) Cancellation & Refunds: Should you become unsatisfied with our services within the first 30 days of your account activation, Hostunlimited.eu will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for pre-paid accounts after the 30 days of account activation.Also refunds are not available for VPS packages. You may, however, cancel your account at any time.However you must give us 15 days notice in advance before your account is due. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations and set-up fees.
99.9% Service Level Agreement "SLA"
Hostunlimited.eu offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem-free. Hostunlimited.eu will try to maintain maximum uptime. Hostunlimited.eu is not responsible for any downtime caused by the client.
30-Day Money Back Guarantee
Hostunlimited.eu offers an unconditional 30-day money back guarantee that covers cancellations of an web hosting account made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our mission to achieve industry-leading customer satisfaction, the customer will be refunded all hosting charges made to his/her credit card minus any set-up fees which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement.Also refunds are not available for VPS packages. Domain name registrations are also non-refundable. Any questions regarding the 30-day money back guarantee should be forwarded to sales@hostunlimited.eu .
SUSPENSION AND TERMINATION
At the sole discretion of Hostunlimited.eu, for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to payment of fees or any violation of the acceptable use policy, Hostunlimited.eu may suspend your account by deactivating any access by you and/or by web users to any information contained on the Hostunlimited.eu servers related to your account. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension, you will be notified. At the option of Hostunlimited.eu, you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected, the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
a) Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Hostunlimited.eu servers. Such information or data may or may not be made available to you by Hostunlimited.eu after any such termination. This agreement may be terminated either after a period of suspension as indicated above or at the sole discretion of Hostunlimited.eu. In the event of termination, there will be no refund provided to you. In addition, Hostunlimited.eu may charge you an additional termination fee not to exceed $100.00 at its sole option. The assessment of this termination fee shall not affect the rights of Hostunlimited.eu to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs, and/or attorney's fees.
ASSIGNMENT
Your rights under this agreement may be assigned only upon prior notice and express approval by Hostunlimited.eu. Any other attempted transfer or assignment of rights hereunder shall be null and void.
You have all rights to transfer, sell, or modify your domain name to another person or individual. If you decide to sell or transfer your domain name and Hostunlimited.eu is the domain name registrar, please request our "domain name transfer instructions" by sending an email to support@hostunlimited.eu . We will send you the specific details and information about transfer of ownership.
Web hosting services accounts from Hostunlimited.eu are not transferable and cannot be assigned to another individual.
Hostunlimited.eu may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Hostunlimited.eu.
AMENDMENT
Hostunlimited.eu may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the Hostunlimited.eu websites in place of the old agreement. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. If any material modification to this agreement is unacceptable to the customer it shall be customer's responsibility to terminate his/her subscription. If the customer does not terminate the agreement within 10 days of the material modification, then customer's continued use will mean that customer has accepted the amended or modified agreement and the agreement is in full force and effect.
