PURPOSE
The following terms of service apply to all business relationships between the customer and 444 Hosting Service. The terms “we", "our" and "us" are applied to 444 Hosting. The term "you" or "your" includes any of your affiliates, employees, agents, customers, contractors or entities you (End Users) represent.
444 Hosting is a brand that comes under the ServerClub.us Ltd. All the documentation and legal matters are handled by ServerClub.us Ltd.
You agree to comply with this Agreement, including any
documents, policies and guidelines incorporated by reference (referred to collectively as the
"Agreement", "Terms of Service'', "TOS", or "Customer Agreement"). This Agreement takes effect when you
order a product or service provided by us through this Site ("Service Offering") or click any "I Accept"
button or checkbox or when you use any of our Service Offerings (the "Effective Date").
GUIDE
To each service category relevant general policies and
specific
policies are applied.
CUSTOMERS
Note that, although we are facilitating your business on
the
internet we are INDEPENDENT contractor. We only have control over the products and services we provide
directly. We do not take responsibility for your actions, the actions taken by third party service
providers, the actions taken by end users (the individuals who uses your products and services)
GENERAL TERMS
1. You represent to us that you are lawfully able to enter into contracts and are at least 13 years of age.
2. If you are entering into this Agreement for an entity, such as a company, you represent to us that you have legal authority to bind that entity.
3. If you are not at least 13 years of age or older or if you are not fully able and competent to enter into the terms, conditions, and representations set forth in this Agreement, please exit the Site.
CHANGES TO THE TERMS OF SERVICE
1. We may change or modify the Terms of this Agreement from time to time without notice other than by notifying you by email or on your invoice.
2. The amended terms will become effective on the date stated in the email or invoice message. Your continued use of the Service Offerings after the effective date of any changes to the Terms of this Agreement shall constitute your consent to the changes and your agreement to be bound by the modified terms.
3. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service Offerings, the Terms, or the Site.
4. We last modified this Agreement on the date listed at the end of this Agreement.
USER DATA COLLECTING AND USAGE
Service Portfolio
1. Purpose of Collected Information
The information collected through your panel is used solely for the purpose of maintaining and enhancing our service portfolio. This information helps us to better understand customer needs and preferences, which allows us to provide the most relevant and personalized services to you.
2. Modification and Removal of Information
You have the right to request for modification or remove the information from the portfolio at any time. portfolio featured at https://www.serverclub.us/clients and the related brand websites. If you wish to remove your information from the service portfolio, please email [email protected] with the subject " Remove from Service Portfolio". We will promptly remove your information from our system.
3. Limited Use of Collected Information
The information we collect through the panel will not be used for any other purposes without your express consent. We are committed to protecting your privacy and will not share your information with third parties without your permission.
SERVICES POLICIES
General Policies
1. If your hosting package has a limited disk space, be mindful to keep at least 400mb of a disk space available. If the disk space exceeds, your website will be temporarily down until you allocate space for your resources.
2. Once you purchase a web hosting package from us you
will
receive a welcome email with all the necessary information. You must update the nameservers you are
given in the welcome email to the server.
1.1) cPanel Web Hosting is an IP based hosting package. The IP address is common for everyone sharing the server. Therefore you cannot change the IP address you are given..
1.2)The webmail that is given with the Hosting package is only for general usage of day to day communications. It is not advised to use for business or enterprise level email communications where numerous transactions happen a day.
1.3) We cannot guarantee the compatibility of the webmail with the third party web clients such as ThunderBird, Outlook. Because this is a web hosting package and not an email solution.
1.4) If you are looking for a package to use for mass email communication, please look into our email solutions from the link below.
1.5) SSH access is given. But it is disabled by default. If you need SSH you have to make a request through a support ticket with a valid reason as for why you need SSH access and the time period you need SSH access.
2. Cloud Pay-As-You-Go Hosting
2.1) Cloud Pay-As-You-Go Hosting is an IP based hosting package. The IP address is common for everyone sharing the server. Therefore you cannot change the IP address you are given..
2.2)The webmail that is given with the Hosting package is only for general usage of day to day communications. It is not advised to use for business or enterprise level email communications where numerous transactions happen a day.
2.3) We cannot guarantee the compatibility of the webmail with the third party web clients such as ThunderBird, Outlook. Because this is a web hosting package and not an email solution.
2.4) If you are looking for a package to use for mass email communication, please look into our email solutions from the link below.
SERVERS
General
1. 444Hosting offer the cPanel/Plesk control panel as an add-on with our VPS packages. You can either install it or...
2.You can install any Control Panel you want to according to specifications.
3.If you install any other control panel (free or otherwise), we do not make any configurations or provide any technical support.
4.If you need technical support or configurations done, please contact the service provider.
5.You can change the root password you are given at anytime
6.We do not take the responsibility if your credentials got disclosed. We can guarantee that our system is secured. We would not allow any unauthorized parties to access your credentials.
7.We do not take the responsibility for any of the web or mobile based applications you are installing into the Server.
8.We do not take the responsibility for the issues occurring in web or mobile based applications, codes or system downtimes in your Server. Please note that System downtime is not Server Downtime.
9.Through the installer given you can clean the VPS anytime and freshly install the control panel any time.
10. We do not take responsibility for any damages caused by any illegal activities such as.
11.Hosting prohibited websites can cause your VPS getting suspended or terminated without prior notice.
5.1) We give you the Windows Licences with the server
5.2) We do not install any Operating System or control panel or any third party software to your server
5.3 Users can install any Operating System or control panel or any third party software through the VPS control panel given. License would not change
5.4) The licence can only be used with the individual server you have purchased. You cannot use it with any other existing servers you own or purchase later.
5.5) We are providing technical support for any issue that occurs during the installation process done using the auto installer.
5.6) We do not provide any additional configurations.
5.7) We do not provide technical support for any third party software or service you use. You have to contact the service provider for such instances.
5.8) You can change your credentials at any time.
5.9) We do not take responsibility for any third party involvements, or your stolen or exposed credentials.
5.10) With Windows we shall not take any backup files from our side & not liable for any loss of content if the backup has not been generated from the customer side, it is the client's sole responsibility to protect the account data.
6.1) Self-management panel is provided with the hosting package. You are able to change your passwords, perform a server restart on your own. Furthermore, you can install Operating Systems, check out the bandwidth and storage limits
6.2) We do not install any Operating System or control panel or any third party software to your server
6.3) Users can install any Operating System or control panel or any third party software through the VPS control panel given. License would not change
6.4) If you require any other additional support, you have to purchase an addon.
6.5) Note that, these are Initialize Addons. The Addon is valid only for 7 days from the day it was purchased.
6.6) Within 7 days, we will do all the requested configurations until your server is stabilized.
6.7) The Linux virtual servers will not be backed up regularly by us, as part of the separate VM server. In the case of data loss not involved by us, the customer can restore server fully VM data by ordering “VM backup” add-on within the client area. Backup restoration service is paid.
6.8) The customer will receive a unique password for security purposes. The client will be held liable for any malpractice resulting from the unauthorized use of the password.
6.9) If the customer becomes aware that unauthorized third parties know the password, they must inform us immediately. In suspicious cases, the client is able to request a new password which we then provide them.
7.1) We do not keep backups for Storage Servers.
7.2) We can guarantee the server side security. Therefore any data loss on your side we would not be held responsible for.
7.3) With Windows & Storage Virtual Servers we shall not take any backup files from our side & not liable for any loss of content if the backup has not been generated from the customer side, it is the client's sole responsibility to protect the account data.
1. BACKUP, RESTORATION AND RECOVERY
General Terms
1. You should take the responsibility of your own data. You should maintain regular backups.
2. 444 Hosting keeps backups for services except for Linux vps hosting, container vps hosting, Windows vps hosting and Storage vps Hosting for a duration of 7 days. We will restore your services within 7 days.
3. If your account got suspended due to late payments or ignoring the payment due date, we would stop keeping backups from the day of suspension. (On the third day after the due date)
4. If your service was suspended due to overdue payment, to restore data, you have to make both due payment and restoration fee.
1.1.1) If your hosting account is cancelled and you want to restore the content you have to contact the billing department. If a backup is available, it will be recovered. In most cases you will lose your back up.
1.2.1 To get the Backup / Restoration addon, you need to
purchase a backup addon.
1.2.2 If the service was suspended due to missing the due payment, the
restoration is only available if you make the due payment plus the restoration payment before the 7th
day.
LIABILITY
1. We do understand that sometimes things might get hot and the regular smooth load on your websites unexpectedly increases. To ensure your websites are operating normally during such peaks, we have additional resources allocated to provide burst allowances for all shared hosting accounts.
2. For direct damages, secondary damages, servers going off-line or being unavailable for any reason whatsoever or lost profits due to technical problems and disturbances within the internet that are not in our sphere of influence, we assume no liability.
3.For indirect damages and loss of profits, we assume no liability.
4.If the customer’s web content is in violation of obligations, particularly in violation of legal prohibitions or morality, they shall be liable to us for all of the resulting direct and indirect damages, including property damage.
5.Violations of these Acceptable Uses Policies should be referred to [email protected]. All complaints will be investigated promptly.
SERVER UPTIME & DOWNTIME
1.You can check out Server uptime from the following link. https://status.444hosting.com/
2.We do not consider User side down times, or time out errors caused by black listed IPs as Server Downtimes. They are categorized technical issues.
3.Unreachable downtimes caused by corrupted scripts that are hosted, are not considered as Server downtimes. It is an issues of developers side
4. DNS propagation time is not considered as a Server downtime. It takes up to 24 to 48 hours. (generally 72 hours)
5.After purchasing a new hosting the time the configuration process takes, is not considered as a server downtime. This usually takes 24 to 72 hours.
6.Server suspensions and Domain Expiration caused by late payments are not considered as a server downtime.
7. Your site will be temporary down when you exceed the disk space. It is not considered as a server downtime.
8.The downtimes occur during the technical support and maintenance do not consider as server downtimes.
Server Downtimes
1.Outages occur in Data Center is considered as a server downtime
2.For server maintenance, Software, Hardware upgradation downtimes we will notify you 24 hours prior via announcements or emails.
VPS Downtimes
1.Downtimes caused by Software or Operating System installations, Self-managing and other configurations are not considered as Server downtimes.
444 Hosting ACCOUNT
1.Generally. You may use the Service in accordance with this Agreement. You agree to adhere to all rules and regulations related to your use of the Service, including the Acceptable Use Policy.
2.Setting Up Your Account. To access the Services, you must create an account associated with a valid e-mail address and place an order for a Service Offering.
3.You are responsible for all activities that occur on your account, regardless of whether the activities are by you, your employees or a third party and we are not responsible for unauthorized access to your account.
4.You agree to contact us immediately if an unauthorized party is using your account or if your account information is lost or stolen. As you place your order for Service Offerings and set up your account, the following requirements apply:
I.You may only create one account per customer name and all orders must include your real name, address, and phone number.
II.Providing false information may result in immediate termination of all your accounts without refund.
III.Opening multiple accounts will result in termination without refund.
5. You are to keep all your client area credentials safe.
2.When filling the client details, you must provide us with the correct information. Otherwise we will not take responsibility for any mislead emails or messages, name mispronunciations and etc.
3.You must verify your email address. Unverified email addresses might cause account suspension.
Support.
The support we generally provide to you and other users of the Services without charge is as follows:
1. TICKET SYSTEM SUPPORT ONLY. This ensures that communication can be tracked and documented. Support through our ticket system is generally available 24/7/365 on a first come, first serve delayed basis.
2. Opening multiple tickets for the same issue within a short period of time constitutes abuse of our support ticket system and may result in termination of services without refund or notice.
3. Swearing, threats, and other abusive language is not acceptable and may result in account termination without refund.
4. Credit Card Purchases. If the name on your credit card does not match the company name or the contact person's name associated with your account, we may reject payment without notice.
Third Party Content.
Your use of any Third Party
Content or
software applications is at your sole risk.
BILLING AND INVOICES AND PAYMENT POLICIES
We are not bound to perform Services until we receive
payment
from you.
1.First invoice and the due date remainder will be
emailed
prior 7 days to due date
2.Another payment reminder will be emailed 3 days prior to the due date.
3.One day after the due date overdue invoice will be emailed and the late fee of related products will be added to the total.
4.On the 2nd day after due date 2nd overdue invoice will be emailed.
5.On the third day after the due date another overdue remainder will be sent.
6.On the third day after the due date all your services will be suspended.
7.On the 7th day after the due date all the services will be terminated.
8.If a late fee has added to your payment, you have to pay it to unsuspend the services again.
9.If you want to change your billing cycle, you have to notify us through a support ticket before the due date.
If your services was suspended due to late payments,
i.If you want to restore your data you have to make the
payments before the 7th day
ii.Restore fee of the relevant package will be added to the invoice to
restore your data
iii.If your service is terminated, you cannot restore your data
SECURITY POLICIES
1.SSH access is given. But it is disabled by default. If you need SSH you have to make a request through a support ticket with a valid reason as for why you need SSH access and the time period you need SSH access. If the reasons are valid we will enable the SSH access. The reason why SSH access is disabled by default is because of security reasons.
2.If you continuously try to login using wrong credentials, there is a great possibility of getting your IP address blocked. This is done for the security of the server. If you face this problem,
a.Dynamic IP Address : Restart your router and try again
b.Static IP Address: Please contact us through a support ticket and send your IP address.
Content Prohibited to host in our network
1.IRC scripts, eggdrops, bots, Bitcoin faucets
2.Proxy server scripts (also any other script which operates as proxy)
3.Mail bomber and spam scripts
4.IP spoofers and port scanners
5.Pirated Software or any form of warez
6.Image Hosting Scripts (like imgur or Photobucket)
7.AutoSurf site scripts
8.PPC site scripts
9.PTC site scripts
10.Bruteforce Programs or scripts
11.File sharing, dump and mirroring service scripts (like mega, rapidshare)
12.Top sites generator scripts
13.Illegal drug or any other substance or product not allowed to be sold in US or Contraband related sites
14.Sites distributing copyrighted content without proper licenses
15.Gambling sites
16.Hacker programs, credit card dumps, hacker focused sites
17.Forums distributing warez or any other illegal content
18.Fraudulent sites (fake banking services, fake login pages, any other site mining information in illegal ways)
19.Viruses, trojan horses, mass ping, ddos, udp or tcp flood scripts, or other kind of destructive scripts
20.Adult content
If we detect any of above mentioned content is hosted on
our
network your website will be suspended without prior notice.
VIOLATIONS
1.Transmission, distribution or storage of any
material in
violation of any applicable law or regulation is prohibited. This includes, without limitation, material
protected by copyright, trademark, trade secret or other intellectual property right used without proper
authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates
export control laws.
2.Sending Unsolicited Bulk Email (" UBE'', "spam" ). The sending of any form of Unsolicited Bulk Email through 444 Hosting Services servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on 444 Hosting Service 's servers is prohibited. 444 Hosting Service. Accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service provider where those messages violate this policy or that of the other provider.
3.Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by 444 Hosting Service. Customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any 444 Hosting Service.-hosted domain, or referencing any 444 Hosting Service Account is prohibited.
4.Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks, stress testing, or port scanning.
5.Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
7.Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
9.Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the 444 Hosting Service network or on another provider' s network.
10.Using 444 Hosting Service’s Services to interfere with the use of the 444 Hosting Service network by other customers or authorized users.
11.Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
12.Forging or modifying the source IP address within the header of IP packets originating from your service. e.g. Spoofing
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A 444 HOSTING SERVICE. CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
FAIR USAGE POLICY
1.Users may not:
a) Use 20% or more of system resources for longer
than 90
seconds. There are numerous activities that could cause such problems; these include: CGI scripts,
FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes.
i) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include ("include.php")
j) Any accounts that are created without updating the
nameserver or without a DNS record pointing to our servers will be removed with or without Notice.
2.Unlimited disk space and bandwidth means there are no set limits on our packages. 444 Hosting wants you to have the resources you need to build your site without any limits. But, however we do need to make sure we continue to provide a full active service to all our customers. As such we do require all customers to be fully compliant with our Fair Usage Policy and Terms and Conditions.
3.Customers on unlimited hosting packages this includes but not limited to shared hosting packages. As a customer of 444 Hosting you agree to be subject to the following fair usage policy: The account will be primarily used for the purposes of web hosting. Unacceptable uses include, but are not limited to, large file storage and making downloads of large files such as but not limited to media files, zipped folders and programmed files.
4.File downloads are permitted, but only in the context of a functioning website. The hosting account may not cause problems with performance of other hosting accounts hosted on the same server by making excessive demands on the resources of the server. This includes, but is not limited to, the CPU usage required to perform data processing on the account for the purposes of taking backups and other administrative tasks as well as the CPU usage required to actually serve the site on the hosting account.
5.As a customer you agree that 444 Hosting will be determining whether an infringement of this 'fair use' policy has occurred. Wherever possible, 444 Hosting will propose alternative hosting arrangements should an infringement of this policy occur.
6.These may include, but are not limited to, moving to a hosting plan with quoted disk space and bandwidth limits. If we identify an account that is not in compliance with our Fair Usage Policy or that has the potential to negatively impact the performance of our server, we will be required to temporarily suspend or terminate the account from the server
7.. If this happens we will work with the customer in order to resolve the issue as quickly as possible. 444 Hosting reserves the right to revise its policies at any time without notice.
8.Before placing an order please read our terms / privacy policy / refund policy. k) We don't offer SSH/Shell access to any user in Shared Environment on Any case.If you are looking for SSH Access you can consider taking VPS/Dedicated
CGI Scripts
Each account comes with its own cgi-bin. Client is free to use any CGI scripts you wish, however 444 Hosting reserves the right to disable any CGI script that affects normal server operation without prior warning.FRAUDULENT PAYMENTS
1.If a payment on a client account is marked as fraudulent (such payments are reversed on the payment gateway), then 444 Hosting reserves the full right to stop any service provided to the client (including other accounts and other payments submitted by the same client) until the issues with the payment are solved.
2.If the client refuses to solve issues with the payment
which
is marked as fraudulent, 444 Hosting reserves the full right to delete all accounts and stop payment
subscriptions provided to the client without any refund for security reasons.
SERVICE LEVEL AGREEMENT
Internet connection channel availability; Server
hardware and
virtualization platform availability.
Service Level Agreement. Our current Service Level Agreement (SA) is as follows:
1.UNMANAGED SERVICES ONLY. Our 24 hour on site staff will respond to tickets regarding server hardware and service disruption issues only on a first come, first served basis. Clients are required to manage their own data backups and all software aspects of the server including operating system configuration beyond a base OS install.
2.We strive to and anticipate that our Service will be available to you most of the time.
3.A Service disruption occurs when your server is completely offline for more than 15 minutes due to an unplanned fault in our networking or power infrastructure.
4.Disruptions caused by the hardware or software of the server itself are not covered by this SA.
5.Disruptions caused by planned or unplanned maintenance are not covered by this SA.
6.Disruptions caused as a result of actions taken by our abuse/security department are not covered under this SA.
7.*Service shutdown, when a customer does not pay on time or fails to comply with terms of the contract "Published Content".
8.*Service malfunction due to client actions (DoS/DDoS)
In the unlikely event that we experience a network or
hardware
failure, we will credit your account with one day of service for every hour of downtime. Contact a
member of our customer service team not later than 5 days to arrange the credit.
Changes to the Service Level Agreement. We may add,
change or
discontinue our Service Level Agreement from time to time in accordance with the Terms of this
Agreement.
CONTRACT DURATION AND CANCELLATION
1.Where not otherwise contractually agreed, the
contracts are
in place for an indefinite period of time.
2.Customers can revoke their contractual statement, with
stating reasons, in the client area. The period of cancellation can be immediately or at the end of the
billing period. A cancellation can only be done via the secure client area.
3.We are entitled to terminate the contractual
relationship for
good cause without notice or if the customer ignores warnings about infringement of the requirements of
section "Published Content".
4.Another important reason that can result in blocking
or
termination without a notice may be that the customer uses content which affects the performance or the
safety of the servers.
5.We reserve the right to terminate services at any
point after
a customer invoice is overdue or payment is reversed, and we will not be responsible for any data loss
due to termination.