Web Hosting Special Terms of Service

Scope

The Scope of this terms of service are for any shared and reseller hosting services that we offer. These are supplemental terms and conditions and they are incorporated to the main Terms of Service.

Specifications

You will be provided with an account with the specifications that you see on the final order page. We will, with good faith, try our best to fulfill your order with the latest specifications you saw at the checkout. If there are any subsequent changes to specifications on the order pages or product descriptions, this will not apply to any active service unless this is due to an error on our end.

If we are unable to fulfill your order with the specifications requested, we will notify you via e-mail or support ticket and let you know the alternatives. Generally, we provide the following alternatives to the best of our ability:

(a) Refund your service fully except on any Cryptocurrency Payments. Any fees due to refunds shall not be carried by you. (b) Provide you with a server with similar specifications. (c) Provide you with a partial refund and downgrade your server to a product for which we have stock of. (d) Credit the amount to your account. (e) Find a reasonable way to provide the requested service.

Permission to host your Content

By singing up to any Virtual Private Server product, you allow us to host and make backups of this information. At no point shall any Hosterlabs employee access, modify or purposely delete any information within your server unless expressly stated or requested by you.

Monitoring

We reserve the right to audit and monitor our network and servers for any breach of this policy. The responsibility in case of an infringement of this policies and terms of service is of the account owner.

Access to your Data

Hosterlabs and any of their employees will not have access to any of your data or information hosted within your Web Hosting unless required by law, by any law enforcement agency* or if made public (for example via a website URL).

In case of an abuse report, we might access the reported URL to verify the abuse request. In case of, but not limited to, child pornography, illegal gun sales, illegal drug sales, phishing, hacking and DDoS we reserve the right to notify the corresponding authorities and pass all registered personal information for review and prosecution.

We are committed to providing a private environment within your server, nevertheless, we are also committed to protect the rights of other people and applicable laws. We reserve the right to monitor for any breach of other people's rights of privacy and applicable laws.

• We will refuse to the best of our ability to pass your information to authorities in case they are trying to breach your freedom of expression and right to privacy.

Security and Data Breaches

We will, at the best of their ability, provide a safe environment for your Virtual Server. Nevertheless, we will not be responsible for any damages, anticipated or otherwise, caused by viewing materials, links or content posted to your server via a local network or Hosterlabs' network. You hereby agree to indemnify us from any claims resulting from the use of this service.

We commit to making audits of our network and servers for data-breaches or security risks. In case of any data-breach or security risk you shall be notified, after confirmation, within a maximum period of 7 working days.

You also commit to reasonably securing your server for any hacking attempts or abuse.

Grounds for Termination

We reserve the right to terminate your account in case you:

• Abuse verbally or by writing any of our staff.
• Abuse our services or breach these policies.
• Spamming via Support Tickets, e-mail, phone and/or servers.
• Chargebacks.
• By purposely creating an unnecessary workload for our staff.

By infringing any of these policies, you wave your right for any refund.

Abuse

Unlawful use of our Services

You shall not use under no circumstances our services in an unlawful manner. Some examples of unlawful content include, but are not limited to:

• Copyright Infringment
• Child Pornography
• Violations of Human Rights
• Phishing
• Spam
• Hacking
• Cracking
• DDoS

Additional Restrictions

We also prohibit the use of our services for the following purposes:

• Stress Testing
• Port Scanning
• Linking to unlawful content.
• Harassing, threatening or obscene content.

The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by hosterlabs.net and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.

Sending unsolicited mass e-mailings (i.e., to more than 25 users) which provoke complaints from the recipients.

Engaging in either of the above from a provider other than hosterlabs.net and using an account on hosterlabs.net as a mail drop for responses, or advertising a web site hosted at hosterlabs.net.

Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by hosterlabs.net.

Impersonating another user or otherwise falsifying one's user name in e-mail, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous re-mailer services.) Hosterlabs.net prohibits IRC and associated programs, including phishinghosterlabs.net, "bots", etc., scripts commonly used for abuse, attacks, or flooding threatening, harassing, or obscene content and any proxies which do not require authentication, including open mail proxies, unprotected anonymous web surfing proxies.

Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by hosterlabs.net.

General Server Limits

User agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account. User may not allow any process to run for longer than 30 CPU seconds or run any process that consumes more than 128 MB, PHP memory limit. Databases are limited to 25 max user connections. Cron jobs must not execute more than once every 30 minutes unless if specified by the script provider and will be niced to 15 or greater. Each cPanel account may not send more than 300 emails per hour. If it is determined that a customers account is overusing the system resources, we may temporary suspend the account to prevent the server from experiencing any issues, resulting problems to other valued customers. If it is determined that the account is not suitable for the shared or reseller server environment, a notice will be sent to the customer providing them alternative solutions or such as 'Semi-Dedicated', 'Dedicated Servers' or a Premium Hosting account. hosterlabs.net will be the sole arbiter as to what constitutes a violation of this provision and hosterlabs.net reserves the right to make adjustments to these limits at our sole discretion.

CloudLinux Server Resource Limits

hosterlabs.net performs backups of client databases daily and weekly and all other files every other day and weekly on all of our servers to ensure critical files are never lost. Our backups are created for accounts that are under 50GB and 250,000 Inodes.. For Reseller plans, these limits apply to each cPanel user individually. Furthermore, hosterlabs.net does not guarantee this feature to any of the clients, and therefore strongly advise the client to regularly perform a backup of their own data, hosted with us. In the unfortunate event that the client has lost their data hosted with hosterlabs.net, will use reasonable endeavors to restore the client's data; however hosterlabs.net will not be responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups or any data loss due to faulty hardware. We highly encourage our customers to have their own separate backups if your website or data is critical to your business or livelihood as no backup method is failsafe therefore we make no warranties.

The use of more than 240,000 inodes on any cPanel account (single user) may result in automatic warning on cPanel > Stats > inodes. There will be no service interruption at this stage but if no action is taken to reduce the inodes, service interruption may take place once a user reach 250,000 Inodes. Accounts found to be exceeding the 250,000 inode limit will automatically show resource exceeded message and may be suspended if no action is taken to reduce the inode count. Virtual private servers have a server wide limit of 5 million and there are no per cPanel user limits. Resellers with over 100 cPanel accounts, have a reseller wide limit of 1 million inodes in addition to the per user limit, however this reseller limit is not something we actively enforce and it will only become an issue if a reseller is causing problems for other resellers on the server. If a resellers inode usage is in between 5 to 10 million inodes we may request the reseller to upgrade to a dedicated server or provide adequate time to resolve the inode usage, if no action is taken by the reseller, account may be suspended. Budget resellers have a per user limit of 50,000 inodes and a 250,000 reseller wide limit of inodes. If this limit is exceeded, we may request the budget reseller to upgrade to a normal reseller plan or provide adequate time to resolve the inode usage, if no action is taken by the budget reseller, account may be suspended.

Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files or resellers with millions of files that cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

You MUST NOT use our RESELLER HOSTING ACCOUNTS to offer any of the following kinds of FREE services but are not limited to; Free Web hosting services, Free e-mail services, Free blogging services, Free home pages, Free image hosting, Free trial accounts.

There are several reasons for these prohibitions on free services. The reasons include, but are not necessarily limited to, the following:

First, free services generally do not require any reliable means of identifying the person who registers for them. As such, it can be practically impossible to track down persons who abuse the free services.

Our customers, including (resellers) are all paying for prompt, reliable service and we have built a solid reputation for delivering excellent service to them. We cannot risk having unidentified persons damage our reputation.

Users of free services are notorious for registering for free accounts and immediately spamming or otherwise consuming very large amounts of system resources and bandwidth before their accounts are shut down. Such abusers often register for successive or multiple accounts and cause many problems for the servers and network.

Spammers, operators of phishing and pharming scams, phishing sites, distributors of spyware, viruses, Trojan horses, worms, and other malware, operators of illegal Warez sites, operators of illegal or unauthorized file-swapping or archive sites, and hackers frequently abuse free online services. Allowing free services would expose our servers to severe abuse and could harm us or all of our customers, and all the customers of our resellers.

Free services lead to various forms of abuses that may violate criminal laws or even foster terrorist activities. Because such abuses violate applicable laws as well as our policies, we must prohibit them.

If you violate this prohibition on free services, we may suspend your account immediately, with or without notice, as we in our sole discretion deem necessary to address the situation.

File hosting and file storage of any type is strictly prohibited on any and all reseller, shared and hosting servers. You MAY NOT use your hosting with hosterlabs.net as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your account as a storage repository for MP3, games, video, photos, images, audio or music files or as a backup storage facility.

Respect

Abuse of hosterlabs.net Staff or Support Personnel: At hosterlabs.net, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) day's notice. We will issue a refund only for the unused portion of pre-paid service. Abusive conduct includes, but is not limited to, the following behaviors:

Repeatedly addressing members of our staff in a demeaning or rude manner. Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol, or in-person communication. Yelling or shouting at our staff. Deliberately using all capital (uppercase) letters in any written communication to our staff; Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.