These Terms of Service (the 'Agreement') are an agreement between you - the user of our hosting and related services (collectively, the 'Services') and True Cloud Hosting.
For the sake of brevity, True Cloud Hosting will be referred to as 'We', 'Us', 'Our' and 'Service Provider' in this document and you will be referred to as 'Customer', 'Client', 'User', 'You', 'Your'.
When signing up for a Semi-Dedicated hosting account with the Service Provider, the Customer agrees to abide by the rules and provisions explicated in these Semi-Dedicated Terms of Service, as well as the Acceptable Use Policy mentioned herein.
The Customer of our Services should also be aware that when signing up for a Semi-Dedicated hosting account with the Service Provider, he/or she agrees to position data on our servers and make it accessible to the wide internet public. In this respect, the Customer understands and agrees that it is beyond the power of the Service Provider to restrict any public access to this data and guarantee the security of the Customer's files. The Customer, therefore, is completely in charge of protecting his/her web content on our servers and should consider carefully each piece of information before uploading it to his/her newly allocated Semi-Dedicated server space. We highly recommend that Customers avoid publishing online personal data that could be abused.
The Service Provider shall provide its Services to You - the Customer - under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to keep the integrity of both the Service Provider 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 term "UNLIMITED" is used to describe the amount of resources in the hosting plans provided by the Service Provider, 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. The Service Provider 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, the Service Provider 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 the Service Provider's sole and absolute discretion.
The Service Provider guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
Data backup is performed on a daily basis. The backup includes all the contents of a client's /www/ folder, as well as all databases.
Important: The available space for a Customer's backup is 50 GB of disk storage. User accounts with content over 50 GB cannot be (partially or entirely) backed up.
In order to facilitate access to the Control Panel for your account with us, you can set up a Social Media login, i.e. - logging in with a social media account of your choice in lieu 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.
In consideration of their use of the Service, Customers agree to:
The Service Provider expressly bans the use of any Semi-Dedicated server hardware or software for trying to illegally access another hosted machine or network. Customers may not attempt to gain unauthorized access to any of the Service Provider's Services, other accounts, computer systems, or networks connected to any of the Service Provider's Services through hacking, password mining, or other means of a similar nature. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by the Service Provider's Services. For more detailed information regarding all prohibited uses of our server network, please closely review the next chapter of these Terms and our Acceptable Use Policy (AUP). If you still have inquiries over the matter, feel free to contact any of our Customer Support representatives.
Server content MUST comply with the parameters stated in this TOS and our Acceptable Use Policy. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of the Service Provider's Services are used for the illegal purpose of SPAM or UCE, they will be instantly terminated. Customers are solely responsible for the content of their messages. Using the Service Provider's 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, the Service Provider 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. The Service Provider's Semi-Dedicated 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 Service Provider's Semi-Dedicated Terms of Service (this document) and the Acceptable Use Policy (AUP).
As a condition for Customer use of the Service Provider's Services, you - the Customer, agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and our Acceptable Use Policy (AUP). The Service Provider's Semi-Dedicated servers can be used explicitly and only for legal purposes, and each attempt to take indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted. The Service Provider reserves the right at any time to disclose any information, as the Service Provider deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove from the Services any information or materials, in whole or in part, in the sole discretion of the Service Provider.
When buying a Semi-Dedicated server for the purpose of creating an e-commerce online store or related e-commerce activities website, the Customer agrees to be fully responsible for the development, operation, and maintenance of his/her website/online store and e-commerce activities within that website. The Customer is the only one in charge of approving, processing, and filling client orders and taking care of client 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 website and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any clients' data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her website or online store.
Each Customer is in charge of all products and services, as well as all contents and materials appearing online, including:
Each Customer guarantees to the Service Provider 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 the Service Provider that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
Each Customer empowers the Service Provider to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. The Service Provider is granted the right to estimate, at its own discretion, the extent to which these operations may be carried out.
The Service Provider reserves the right to determine the seriousness of each received report and decide, at their own discretion, which one does not comply with the officially stated requirements for the use of the company's servers.
The Service Provider may refuse service to unlawful parties by deactivating a customer's account. In case the Service Provider decides to discontinue the provision of services to a Customer as per the contractual agreement, the Customer will be informed of this decision along with a detailed explanation of the underlying reasons.
The Service Provider reserves the right at all times to disclose any information, as the Service Provider deems necessary, to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, which contradict with the Service Provider's Acceptable Use Policy.
A full description of the steps the Service Provider takes to deal with prohibited/unwanted content can be found in the Acceptable Use Policy (5. Corrective Actions).
Any dealings with third parties (including advertisers) carried out through the Service Provider's 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. The Service Provider shall not be responsible or liable for any part of such dealings or promotions.
Any indecent treatment towards a Service Provider's Customer Care employee will be considered totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with the Service Provider'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 undermine the importance of good ethics in communication and human relations.
Any act of close nature or other type of offensive, abusive, disrespectful, or condescending behavior - oral, written, or delivered by a second party - to members of the Service Provider's Customer Care staff will be interpreted as a breach of this TOS. The Service Provider reserves the right to assess at its sole discretion which behavior is to be considered a violation of the hereby stated rule and agreement and to undertake according actions.
Any controversy or claim arising out of or relating to this Agreement, or any breach of this Agreement in excess of $250.00 USD, will be settled in accordance with the commercial arbitration rules of the American Arbitration Association.
Failure to enforce any of the provisions of this Agreement shall in no way be considered to be a waiver of these provisions or to affect in any way the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
The Customer agrees to indemnify the Service Provider, its management body and employees (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, court actions, proceedings or judgments (collectively, "Losses") to which the Indemnified Party may become subject, and out of which Losses arise or relate to this Agreement or the Customer's use of the Services. The Customer agrees to reimburse the Indemnified Party for all legal and other expenses, including any attorney fees paid by the Indemnified Party in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which the Indemnified Party is a party.
Force Majeure Circumstances - the Service Provider shall not be liable for any failure in the provision of the Services to the Customer resulting, directly or indirectly, from any (i) weather conditions and natural disasters, (ii) actions of any governmental or military authority, (iii) failure caused by telecommunications or Internet provider, or (iv)other force or occurrence beyond its control.
Damages & Losses - the Service Provider shall not be liable for (i) any indirect, incidental, special or consequential damages, OR for any loss of profits or loss of revenues resulting from the use of the Service Provider's Services by the Customer or any third parties, or (ii) any loss of data resulting from delays, non-deliveries or service interruptions.
Service Provision - the Service Provider provides the Services on an "AS IS" basis, without any warranties, including but not limited to, implied warranties, merchantability, or fitness of the Services for any particular purpose. The Customer shall be solely responsible for the selection, use and suitability of the Services, and the Service Provider shall have no liability therefore.
You agree that the Service Provider, 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.
Customers do not have the right to assign this Agreement without the explicit permission of the Service Provider. This Agreement shall be in force and effect to the total benefit of the Customer and the Service Provider and their successors and permitted assigns.
The Service Provider reserves the right to revise this document at any time without prior notice. Customers are encouraged, therefore, to periodically review these Semi-Dedicated Terms of Service and the Acceptable Use Policy.
Please report any violations of these Terms of Service and the Acceptable Use Policy to abuse@propersupport.com.
An Acceptable Use Policy (AUP) is a set of rules and conditions systematized by a network, system or a website owner that define and restrict the ways in which the network, system or website may be utilized.
The AUP of the Service Provider is aimed at explicitly outlining the purposes for which customers CANNOT use our SEMI-DEDICATED hosting services and position data on our network servers.
This Acceptable Use Policy (AUP) is accepted as part of the Semi-Dedicated Terms of Service each customer agrees to abide by when signing up for a Semi-Dedicated server account with our hosting services. Any violation of these AUP terms will be considered a violation of our Semi-Dedicated Terms of Service.
We - the Service Provider, shall be the final party to determine whether an act constitutes a violation of this AUP and misuse of our services. We reserve our right to respond accordingly and/or immediately terminate the provision of the services, shall we become aware and/or have sufficient evidence of any prohibited conduct outlined in this AUP or any other action threatening the secure environment of our Semi-Dedicated hosting customers and/or network of servers. We shall be the sole arbiter in determining the sufficiency of the present evidence.
In order to protect our company's reputation and responsibilities, and guarantee robust and reliable Semi-Dedicated hosting services to all our customers, as well as the privacy and security of all our individual users, we - the Service Provider - hereby state the following AUP conditions to come into force for each user signing up for a Semi-Dedicated server account with our hosting services:
Any Semi-Dedicated hosting customer in violation of our system or network security will be subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to, the following:
SPAMMING IS PROHIBITED. Users MAY NOT utilize our Semi-Dedicated server hosting services to transmit, distribute, or deliver any unsolicited bulk or commercial messages over the Internet (an action known as "spam" or "spamming").
Spamming is a violation of ethical norms and will be interpreted as an infringement. The Service Provider will not tolerate the sending of unsolicited bulk or commercial messages through our Semi-Dedicated server hosting services, as well as through another service that is mentioning, in some way, our customer's domain name or implies the utilization of our server network or our e-mail services for sending the unsolicited bulk or messages.
SPAMVERTISING IS PROHIBITED. 'Spamvertizing' refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website.
If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided.
'E-mail spoofing' is a fraudulent e-mail activity in which the sender's (3rd party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server).
'Unsolicited message' is a message that is sent against the privacy policy of a newsgroup or is sent to a recipient without their explicit permission. We, at our sole discretion, shall determine whether any of the messages you are sending are spam or spamvertizing. For your information, spamming generally includes, but is not limited to, the following:
MASS MAILINGS: Sending mass unsolicited emails is considered spam. An unsolicited email is defined as an email sent to a recipient who has not double-opted into mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to the Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe, and the mailing is unsolicited.
MAILING LISTS: The Company's mass mailing rules also apply to mailing lists, listservs, or mailing services contracted for by the Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to the Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
CONTENT published or transmitted via the Service Provider's Semi-Dedicated hosting services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our servers, published online, or transmitted through our Semi-Dedicated server hosting services.
The user of our Semi-Dedicated server hosting services is NOT permitted to post online content or have links to content that:
Copyrighted material must not be placed on customers' Semi-Dedicated accounts without the explicit permission of the copyright owner or a person specifically authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement or a notice of such violation, we will immediately run a full investigation and, upon confirmation, will promptly remove the infringing material from the services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any customer of the Semi-Dedicated hosting services for the removal of any such material.
We reserve our right to be the sole arbiter in determining the seriousness of each infringement of this AUP and to immediately take corrective actions.
We will disable the customer's Semi-Dedicated hosting account if we deem it necessary at our sole discretion. Upon closing of the customer's account, we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms that have been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling this obligation, we may re-activate the customer's Semi-Dedicated account if we find, at our own discretion, sufficient evidence on the customer's side.
Closed Semi-Dedicated accounts due to repeated violations will not be re-activated. A backup may be requested, however, it will be subject to certain penalty fees imposed according to the breach of this AUP terms. The final penalty fee will be determined by the type and frequency of the violations.
If you need to report a violation of this AUP agreement or believe that you or your system has been subject to an attack originating from our hosting network, please contact us immediately. Our team will fully investigate the situation and provide you with professional assistance.
We reserve our right to change this AUP at any time without prior notice. We encourage our Semi-Dedicated hosting users to periodically review this Acceptable Use Policy and our Semi-Dedicated Terms of Service.