These Terms and Conditions ("Agreement") governs the use of the services ("Service" or "Services") that are made available by Netcube ltd. ("Netcube ltd.", "Netcube", "TrueHoster", "we", "our" or "us"). These Terms and Conditions represent the whole agreement and understanding between Netcube ltd. and the individual or entity who subscribes to our service ("Member", "Members" or "you").PLEASE READ THIS AGREEMENT CAREFULLY.
By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. TrueHoster may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that TrueHoster believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.Changes to the Terms and Conditions
We reserve the right to amend the Terms and Conditions (as defined below) at any time. All amendments to the Terms and Conditions will be posted on the Website. If you do not like the changes we make, you can terminate your service. Continued use of the Website will, however, be deemed to constitute acceptance of the new Terms and Conditions. No other terms or changes to the Terms and Conditions will be binding unless agreed in writing signed by us.
2. SERVICES / REGISTRATION FOR AN ACCOUNT / SUPPORT SERVICESTHE SERVICES WE OFFER
TrueHoster offers Members domain name registration, website hosting and email hosting services for
the duration of the service term purchased from us.
Services are provided on the basis of facility and equipment availability. TrueHoster reserves the
right not to provide one or more Services where necessary facilities or equipment are not available,
or for any other reason.
Access to the web and email servers is terminated upon expiry of the Service.
Details regarding your account can be found on the profile page after you register.
Need for an Account
If you would like to place an Order through the Website, you will need to register for an account on the Website which you will be able to access through the member area part of the Website, and by which you will be able to change the details that we hold about you and administrate the Services that we provide to you. You may browse the Website without registering for an Account, but, to submit an Order, you must register for an Account.
If you have an Account
If you already have an Account, you can login to your Account to submit an Order.
If you do not have an Account
If you do not have an Account, to submit an Order you will need to register for an Account. To register, you need to supply us with your name, address, email address, a password and possibly some other personal information. See our Privacy and Cookies Policy for more details about this. You can provide us with that information by filling in the necessary information on the Website manually where indicated and then following the instructions on the Website.
Registering for an Account
Once you register for an Account, you will be asked to input an Email and Domain name for your account. You will receive the Password through Email. The Email and Password are the means through which you access your web hosting services. You may change this password by accessing your Account and following the instructions. You must keep the password confidential and immediately notify us if there is any unauthorised use of your email address or your account or any breach of security otherwise known to you. You acknowledge that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your Account.
Valid email address
You must be registered for an Account with a valid email address that you access regularly, so that, amongst other things, we can send administration and information emails to you. Any Account registered with another person's email address or with a temporary email address may be closed by us without notice. We may also require you to validate your Account at registration or if we believe that you have been using an invalid email address.
We reserve the right to reject any registration for an Account and to refuse use of or access to the Website to anyone for any reason, in our absolute discretion.
We shall use our reasonable endeavours to correct any errors or omissions in the Services as soon as practicable on a 24/7 basis all year round after receiving full and clear information on them. However, since we do not guarantee that the Services will be free from faults, we shall provide email support accessed by means of a ticketing system for you to use for us to deal with any faults and also for answering queries ("Support Services"). We shall use our reasonable endeavours to respond to a request for Support Services within a reasonable time, but we cannot guarantee any particular result or outcome nor within any particular time. In particular, without limitation, we may need to obtain support in turn from a third party that assists us with the provision of the Support Services.
3. WEB HOSTING
TrueHoster is currently offering the following hosting plans ("Current Plans"):
- Unlimited Hosting Package
- Links to additional products and services offered by TrueHoster.
- Links to additional products and services offered by TrueHoster.
Hosting plans that are not listed above ("Legacy Plans") will no longer be offered for new
applications or for plan change requests.
All TrueHoster web hosting accounts will display a "Test Page" web page by default when activated. This page informs visitors that the Member has recently setup their account with TrueHoster. The "Test Page" default index web page may be removed by the Member at any time once they have access to the web server. The "Test Page" web page may include such things as, but without limitation to, the following:
All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default TrueHoster error page. This error page informs visitors that the web page they are looking for cannot be found, and may include such things as, but without limitation to, the following:
Depending on which hosting plan you choose, you may request to change the billing term of your
hosting service through Member Zone. In such cases, the expiry date of your hosting service will be
adjusted according to the billing term that you have requested. Any optional features for your
hosting plan will be billed according to the term that you have requested.
All TrueHoster web hosting services, including service trials and promotional hosting offers, and their billing terms may be prorated and adjusted to expire on the last day of a month.
All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in Member Zone. TrueHoster is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.
In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, upon expiry.
TrueHoster's email service provides customers with the capability to send and receive email via the Internet. TrueHoster retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems.
As an owner and operator of the equipment and other resources utilized to provide services, TrueHoster has the legal right to block electronic communications from other entities on the Internet.
5. USAGE POLICIES AND DEFINITIONS
- "Unlimited" Usage Policies and Definitions
- Resource Usage
What "Unlimited" means
TrueHoster does not set an arbitrary limit on the amount of resources an account can use. Subject to this Agreement, TrueHoster will make every commercially reasonable effort to provide Members with the necessary storage, bandwidth, and other server resources to power their websites, provided that the Member's use of the service complies with the terms specified in this Agreement.
What "Unlimited" DOES NOT mean
TrueHoster's offering of "unlimited" services does not allow the actions of individual Members to negatively or adversely affect the service experience of other Members. TrueHoster's shared hosting service is designed to meet the typical needs of an average small business or home business website. Our services are not intended to support the greater web hosting needs of large enterprises or to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be used as a media file streaming/sharing hub. Members found to be adversely affecting the performance of other Member accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by TrueHoster administrators and anti-abuse controls. These Members will then be asked to consider Virtual Private Server (VPS) or Dedicated Server services. Serious offenses will result in the account service suspension or termination, with or without notice.
The reselling any of the Service's resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice.
- Daemons/Servers/Shell Under no circumstances are you allowed to run any daemons, servers or compile anything under your account without direct permission from TrueHoster management. Shell access is meant to be used solely with basic file system usage.
- System Resources You're not allowed to use an excessive amount of system resources for an extended period of time. If your account is found to be utilizing a large amount of resources we will contact you and give you further information. Under extreme cases suspension may be necessary until the issue can be resolved.
- Cron Usage You may not have cron jobs in intervals lower than 1 minutes a part.
- Account Limitations You may use your account for personal use but not as a backup facility for automated backups or things of that nature. If you're unsure if your intended use violates this TOS please contact us so we can clarify it for you.
- Inode Limits All hosting plans are limited to 100,000 inodes. You may lower your inode count by deleting any files or emails that you no longer need.
- Disk Space Usage (Unlimited Plans) Your account may not be used as a storage and/or backup space for files/archives. Regular backups of databases, websites, etc, are permitted within reason. Any account found to be using an excessive and/or unreasonable amount of disk space may be asked to reduce their usage or face suspension/termination. TrueHoster reserves the right to suspend/terminate any service for resource abuse at their discretion. If you exceed the resource limits set for your hosting plan, you will be in violation of this Agreement and we may suspend your account.
6. DOMAIN NAME REGISTRATION
TrueHoster offers domain name registration and renewal services in partnership with ICANN accredited registrar HEXONET GmbH . TrueHoster processes registration and renewal services through these respective registrars at its discretion. Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate.
Domain transfer services are included only for active domain names that are either registered or renewed through TrueHoster at the regular rate. Members may transfer expired domain names and domain names that were purchased at a promotional rate to another domain name registrar by paying a Domain Transfer Fee. The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes.
7. SERVICE FEES / PAYMENTS / INVOICES / PROVISION OF THE SERVICES
All TrueHoster fees and charges are quoted and billed in EURO unless otherwise noted.
The Fees are payable yearly in advance in respect of the web services you will be receiving in the coming year, and you will pay the Fees for the first year of provision of the web services to you in advance at the time that you submit your Order.
You are able to pay the Fees by PayPal, Credit Card, BitCoin, Wire Transfer, PaySafeCard, PerfectMoney, SEPA Direct Debit, ecoPayz, Neosurf, MINT and SafetyPay; you must have an account with the respective payment processor in order to submit an Order and you must agree to their terms and conditions in order to have such an account. We shall not be bound to supply any services to you until we have received the necessary cleared funds in full.
TrueHoster uses an external payment processor system for credit card payments at this time. All members are required to maintain valid credit card information on file for the processing of any applicable service fees.
TrueHoster may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Services provided to Members who have listed a foreign address are subject to applicable taxes in their respective country.
Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.
Invoices for all TrueHoster services can be found by logging into the user account.
After you have paid the Order, we will activate the Services that are the subject of your Order. We inform you of such activation through the e-mail you provided.
Billing inquiries and disputes should be brought to TrueHoster's attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate. If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, TrueHoster reserves the right to put your domain name into "Registrar Hold" status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved. Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon TrueHoster of the Account Reactivation Fee (see below).
Any applications or requests for services will be declined if TrueHoster cannot be successfully processed within 72 hours of the order. In-store credit and coupons issued by TrueHoster are not transferable and are of no cash value.
TrueHoster reserves the right to modify service fees and rates, effective upon posting on the TrueHoster website or on this Agreement.
8. TERMINATION / PLAN CHANGE / REFUND POLICY
TrueHoster may terminate your Service under the following circumstances (non-exclusive list):
- Non-payment of fees
- You are in breach of any term or condition of this Agreement
- Your use of the Service disrupts TrueHoster business operations or affects any other party
All Member data is removed from TrueHoster servers for such terminations.
You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through e-mail or service ticket. Our contact information can be found on the Support page of our website.
When submitting your cancellation request, you must provide the correct account username and e-mail for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.
We offer absolutely no refunds.
Please note that the free SSL Certificates are issued through Let's Encrypt Open Certificate Authority and the SSL Certificate will remain issued for the duration of the term.
Any service suspension for abuse or the breaking of this terms of service forfeits the refund policy for all the services in the account, including the unused account credit.
9. MEMBER RESPONSIBILITY
When you apply to use TrueHoster services, you will be asked to input an Email and domain name. You will receive the Password through Email. The Email and Password are the means through which you access your web hosting services. You acknowledge and agree that it is your responsibility to safeguard the Email and Password you select from any unauthorized use. IN NO EVENT WILL Netcube HOSTING CORPORATION BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR EMAIL OR PASSWORD.
Members are responsible for maintaining accurate account information at all times. This information can be updated when logged into the account.
10. PROHIBITED CONDUCT
TrueHoster does not allow the use of unsolicited commercial email ("Spam") to promote products or services. Any Member engaging in the sending of Spam through our network or promoting information on websites hosted by us will be considered in breach of this Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with Bulgarian laws, and the laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.
The following is a non-exclusive list of content and behavior prohibited by the Service:
- Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
- Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
- Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a TrueHoster account will result in immediate account suspension.
- Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
- Content or otherwise that exploits children under 18 years of age.
- Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
- Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
- Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any TrueHoster service, solution or technology.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).
- The listing of a hosted domain in any malware blocklist, phising blocklist, deceptive sites list (ex: google deceptive sites) etc. shall lead to the suspension of all the customer's services.
- Sending more than 25 e-mails per hour or more than 500 e-mails per day shall be considered SPAM and the respective service shall be terminated.
You agree that, unless other instructions are posted on TrueHoster's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or ticket system to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Netcube ltd. posted on TrueHoster.com website. All notices shall be effective upon receipt.
Email newsletters will only be sent directly by TrueHoster. Member information will not be disclosed or sold to any third parties. You may also be contacted by TrueHoster's designated customer review software provider for customer experience and service feedback.
13. RESERVATION OF RIGHTS
TrueHoster reserves the right and sole discretion to:
- Censor any website hosted on its servers that is deemed inappropriate.
- Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
- Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
- Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against TrueHoster or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
- Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar distructive activities, activities whether lawful or unlawful that TrueHoster determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
- Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves. You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
14. LIMITATION OF LIABILITY
The Service is provided on an "as is" and "as available" basis and the use of the Service is at your own risk. TrueHoster makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. TrueHoster is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by TrueHoster.
In no event will TrueHoster be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
TrueHoster, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
In no event shall TrueHoster be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold TrueHoster harmless from and against, and to reimburse TrueHoster with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by TrueHoster by reason of or arising out of or in connection with:
- Any breach of this Agreement by you.
- Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website.
- Illegal, pornographic, or discriminatory content on your website.
16. FORCE MAJEURE
TrueHoster will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of nature, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
17. UNENFORCEABLE PROVISIONS
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
18. GOVERNING LAW
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of Bulgaria.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Bulgaria for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
19. AGE OF MAJORITY
TrueHoster does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
20. ACCEPTABLE USE POLICY
TrueHoster's Acceptable Use Policy ("AUP"), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:
- not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
- not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
- not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- not to make, attempt or allow any unauthorized access to TrueHoster website, servers, your own hosting account or the account of any other customers of TrueHoster.
- not to allow any remote code execution of malicious software through the hosting account provided by TrueHoster.
- not to cause denial of service attacks, port scans or other endangering and invasive procedures against TrueHoster servers and facilities or the servers and facilities of other network hosts or Internet users.
- not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
- not to use TrueHoster services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
- not to upload unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
- not to engage in or to instigate actions that cause harm to TrueHoster or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDoS attacks for any servers, etc. TrueHoster reserves the right to refuse service to anyone upon Our discretion. Any material that in TrueHoster judgment, is either obscene or threatening is strictly prohibited and will be removed from TrueHoster servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our AUP is found, TrueHoster will take corrective action upon our own discretion and will notify You. TrueHoster decision in such case is binding and final, and cannot be a subject of a further change. TrueHoster cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to TrueHoster or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. TrueHoster will not be liable for any loss or damages in such cases.
- Not to host any website offering or advertising unlicensed financial products including but not limited to Forex, credit/debit cards, investments, ICO or MLM.
At its discretion, TrueHoster can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
22. ENTIRE AGREEMENT
This Agreement, as may be updated from time to time and posted on TrueHoster Website, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.