TERMS OF SERVICES
“We” and “Us” comprises hostyap.com or any other party operating on 'HOSTYAP' LTD implicit instructions. “You” comprises the client buying the services or any other party operating on the client’s instructions. “Member” comprises the consumer of services or any other party operating on the consumer’s instructions.” “Registrant” comprises the individual purchasing for a domain name or any other party operating on the Registrant’s instructions. “The Registry” refers to the pertinent domain names submitted on the Registry database. “Server” refers to the computer hardware system that runs the client’s services (such as hosting) on its network “Web Site” refers to the webpage operated by the Server provided by us (hostyap.com) for your use to keep your site running on the Internet. “TOS” comprises this agreement and its implicit instructions. 'HOSTYAP' LTD reserves the right to namend any of the conditions outlined in this agreement at any time and is effective immediately upon posting of the amendment to this URL: POLICY. In consideration of the mutual agreements herein, the client and/or parties concur to the following, which shall be in effect at all times during the term of this agreement:
Domain Name Registration :
1.1. We make no representation that the domain name you desire to register is available to be registered or that it will be registered in your name automatically. Hence, you should not assume registration of the requested domain name(s) until you receive a notification of the registry. Any action taken by you prior to such notification will be your responsibility and not by our company.
1.2. The registration, use of your domain name, and any action by you while using our services are all subjected to the terms and conditions of use applied by the pertinent naming authority; you must warrant that you are aware of those outlined terms and conditions and that you must adhere with them. You shall have no right to ascend any claim against us with regards to the refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable despite a refusal by the naming authority to register your desired domain name.
1.3. We shall have no accountability with regards to the use by you of any of the domain name(s); any dispute between you and any other client must be resolved between the parties involved in such dispute. If any such dispute arises, we shall have the authority, based on our discretion and without providing any reason, to withhold, suspend or terminate the domain name. We shall also be authorized to make representations to the pertinent naming authority but will not be obliged to mediate in any of such dispute.
1.4. We shall not issue any domain name to another client or party unless the company has received full payment.
Web Site Hosting and Email
2.1. We make no representation and give no guarantee as to the accuracy of information received by any client or individual via the Server. Therefore, we shall not be held responsible for any incurred loss or damage to any data stored on our Server.
2.2. You shall maintain an adequate insurance coverage with regards to any loss or damage to data stored on our Server.
2.3. You represent, commence, and warrant to us that you will use the Web Site provided to you only for lawful purposes. In line with this condition, you represent, commence, and warrant us that: you will not resell or distribute it to any others the site we provide you as a sub-reseller with is only meant for you and you alone.
2.3.1. You will not use our Server in any manner that transgresses any laws or regulations or which transgresses the rights of any third party; nor will you sanction or consent any other individual or party to do so.
2.3.2. You will not post, link to or transmit:
( a. ). Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by 'HOSTYAP' in any way.
( b. ). Any material containing a virus or other hostile computer program.
( c. ). Any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trademark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.3.3. Neither you will send mass or bulk email, whether opt-in or otherwise, using our network nor will you endorse a site hosted on our network using mass or bulk email. Phishing or Spamming e-mail is strictly prohibited.
2.3.4. You will not engage in any programs or services that will consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.
2.3.5. If you surpass your allotted disk/bandwidth usage as set forth in your purchased hosting plan, you agree to buy the consumed excess disk/bandwidth in blocks as set forth in our “plans” section. Such payment shall be conducted immediately and non-disputable.
2.4. We reserve the right to remove any material that we reckon to be inappropriate from your website without a notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content on our server. Thus, your material should not contain any of those mentioned content. Violation of this condition will result in suspension or termination of your account without a notice.
2.5. You shall maintain the security of any identification, password, and any other confidential information relating to your account. You shall report to us immediately any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or any other security information.
2.6. You shall discern the procedures and policies that we may from time to time stipulate and shall make no intention to use our Server that will result in detrimental consequences to our other clients.
2.7. We do not offer free reseller hosting or free hosting services of any kind to maintain the integrity and stability of our servers. Therefore, you shall not offer free reseller hosting or free hosting services of any kind to any individual or party regardless of obtaining a reseller account from our company. Free reseller hosting or free hosting services of any kind are not permitted. If you are looking at offering or having a free hosting service, you can get a VPS account from us. From thereon, you are now eligible to provide free hosting services after obtaining a VPS account from us.
2.8. You shall procure that all mail is secure and sent in accordance with the applicable legislation’s (including data protection legislation).
2.8.1. Sending unsolicited mail messages, including, without limitation, intended for commercial advertising, and informational announcements, is deliberately prohibited. No Member shall use another site’s mail server to send mail without an express permission of the site.
2.8.2. It is contrary to 'HOSTYAP' for Members to use our servers to effect or participate in any of the following activities:
To post to any Usenet or other newsgroups, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.
To send mass e-mailings; whether unsolicited, opt-in or otherwise.
To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a 'HOSTYAP' provided server, or using a 'HOSTYAP' provided server as a mail drop for responses.
To falsify user information provided to 'HOSTYAP' or to other users of the service in connection with the use of a 'HOSTYAP' service.
2.8.2 ( a ). Consequences of Violation: When 'HOSTYAP' becomes aware of any alleged violation of its Acceptable Use Policy, 'HOSTYAP' will initiate its an investigation. During the investigation, 'HOSTYAP' may initiate a restriction on the Member’s access to the account in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, 'HOSTYAP' may, at its sole discretion, restrict, suspend, or terminate Member’s account and/or pursue other civil penalties. If such violation is a criminal offence, 'HOSTYAP' will notify the appropriate law enforcement department of such violation.
2.8.2 ( b ). You shall be held liable for any and all costs incurred by 'HOSTYAP' as a result of your violation of these terms and conditions. This includes, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. The current hourly rate of 'HOSTYAP' for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk e-mail or Usenet message sent, plus US $1 per complaint received. Server maintenance fees are $85 per hour.
2.8.3. 'HOSTYAP' does not issue service credits for any outages incurred from service deactivation that resulted from Policy violations.
2.9. Any access to other networks connected to 'HOSTYAP' must comply with the rules appropriate for those other networks.
2.10. While we will use every reasonable endeavor to ensure the integrity and security of our Server, we do not warrant that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
2.11. You may cancel your Services at any time by logging into the Ticket Desk Support System (for verification) and request a cancellation of services.
3.1. We shall use our reasonable endeavors to make available to you at all times our Server and Services but we shall not, in any event, be liable for interruptions of Service or downtime of the Server.
3.2. We shall have the right to suspend or terminate the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason. As a reseller or sub-client, it is your responsibility to take care of backup for sites that is your property and within your supervision. We also reserve the right to cancel services/hosting to any client as we deem necessary and hold no liability. In addition to that, we do not offer any sort of compensation on our network uptime guarantee.
3.3. The Services provided to you by 'HOSTYAP' and your account herein is non-transferable and cannot be used by anyone besides you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account was found to have been transferred to a third party or shows other activity in breach of 'HOSTYAP' clauses and sub-clauses, we shall have the right to cancel your account and terminate the Services and/or this Agreement immediately.
4.1. All charges payable by you for the Services shall be in accordance with our scale of charges and rates published from time to time by us on our website and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of prepayment.
4.2. Payment is due each anniversary month, quarter or year following the date the Services were established until closure or termination notice is given. If you choose to pay by credit or debit card, you authorize 'HOSTYAP' to debit your account with renewal fees from your card.
4.3. All payments must be in US Dollars.
4.4. If your check is returned by the bank as unpaid for any reason, you will be liable for a “returned check” charge of $45.
4.5. Without prejudice to our other rights and conditions under this Agreement, if any sum payable is not paid on or before the said due date, we shall be authorized forthwith to suspend the provision of Services to you.
5.1. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.2. If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.3. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.4. No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.
5.5. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this, You will a be entitled pro rata refund based upon the remaining period of membership.
5.6. You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and request cancellation of services.
5.7. During the first 30 days of Services for shared hosting and 7 days for Reseller Hosting, You are entitled to a refund of fees paid with the exclusion of domain name registration, dedicated server, data transfer fees, and excessive support requests should you decide to cancel the Services for just cause. 'HOSTYAP' shall be the sole arbitrator as to the validity of your claim of just cause. And will subtract the aforementioned fees from any monies due you.
5.7.1. During the first fourteen days of service you are entitled to a full, no questions asked refund excluding as set forth in sections 5.7, 5.7.2, 5.7.3, and 12.5; as well as exclusions listed in section 2 above. For the remaining time, your refund will be prorated and factored at the full discretion of 'HOSTYAP'.
5.7.2. Partner Plans (Resellers) are eligible for above refund minus usage fees; if such use has been deemed excessive at the discretion of 'HOSTYAP'. Such accounts are often more resource intensive than standard shared hosting accounts and, therefore, do not qualify under our standard 30-day guarantee details.
5.7.3. You will not be entitled to a refund on these bases if you have previously had an account with 'HOSTYAP' any plan or service.
5.7.4. Allow 30 (thirty) days for refund payments to process. If you have not received a refund within this time allotment; please contact us.
5.8. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
5.9. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
6.1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
Limitation Of Liability
7.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub-clause.
7.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
7.3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
7.4. In any event, no claim shall be brought unless you have notified us of the claim within one year of it arising.
7.5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
7.6. You are responsible for monitoring Bandwidth and Disk space usage of your site. This is easily done from your Control Panel. If you go over the amount indicated in your current plan; you will assess a surcharge as set forth in our pricing structure.
8.1. Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved to be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
9.1. On our site you will find links to all the information to get your website up and running. All information pertaining to your account should have been included in the Welcome Letter you received when we created your account. If you did not receive a welcome letter email, please contact our Support Team. There are several reasons an email may not reach you; first and foremost is if the domain you have contracted services for is the same domain your welcome email was sent to.
9.2. The support feature of our service at present time consists of our Support System solving server related problems only.
9.2.1. If you require support for your scripting, there are several online tutorials available we can help you find. You may purchase our technicians’ services at the rate of $80 per hour, with one half hour minimum billed. We reserve the right to wave this fee at any time.
9.3. Support can only be addressed in English through our Support System.
9.4. All Support requests are to be processed through our Support System. Any other request for support, except as noted in Section; will be considered a breach of our TOS.
9.5. In the event of a server outage or other such emergency, you are free to contact us in any manner.
10.1. This Agreement shall be governed by and construed in accordance with United States law and the laws governing the state of Texas. You hereby submit to the non-exclusive jurisdiction of the U.S. courts.
11.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
12.1. No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
12.2. Any abuse towards any 'HOSTYAP' employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing 'HOSTYAP' or utilizing the Ticket Desk Support System, refrain from using caps,
exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at 'HOSTYAP' or its employees shall be considered a violation of this TOS.
12.3. Any threat; whether verbally, orally, written, or delivered by second parties directed towards 'HOSTYAP' or any of its employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
12.4. Any conduct viewed as violating this section shall be considered a violation of this TOS 'HOSTYAP' will be the sole arbitrator in regards to what is deemed a violation.
12.5. No refunds shall be given when the contents of this section necessitate removal of the account.
Cancellation of Services
13.1. You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and request cancellation of services.
13.1. 'GDPR' (eugdpr.org) rule will apply.
14.1. These terms and conditions together with any documents expressly or implicitly referred to within, contain the entire Agreement between us pertaining to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the implication and interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy with regards to any misrepresentation that has not been made expressly in this Agreement.
14.2. 'HOSTYAP' reserves the right to amend these TOS at any time without any notice.
14.3. You shall be responsible for checking our Terms of Service occasionally for any amendments that have been made. Amendments may be made without any notice. You shall not hold 'HOSTYAP' liable for any amendments made without notification.