This Terms of Service (“TOS”) and Acceptable Use Policy (“AUP”) governs the use of HostZilla LTD’s web hosting service. Violation of this TOS/AUP may result in suspension or termination of your service. In the event of a dispute between you and HostZilla regarding the interpretation of this TOS/AUP, HostZilla’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this TOS/AUP, contact email@example.com.
You may not publish or transmit via HostZilla’s service any content that HostZilla reasonably believes:
- constitutes child pornography; this will immediately be reported to law enforcement personnel;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person’s privacy;
- creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- clearly infringes on another person’s trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- offers or contains pirated software, “warez” illegal media downloads, or mirrors/sites that link out to these;
- contains hacker type scripts and information;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to HostZilla; or
- is otherwise malicious, fraudulent, or may result in retaliation against HostZilla by offended viewers.
In addition to the offensive content described above, HostZilla has determined that to maintain network integrity, none of the following may be used on our shared hosting network. If you wish to use some of the below services, please contact us at firstname.lastname@example.org to upgrade to a VPS or dedicated server.
- Autoblogs: this SPECIFICALLY includes AutoBlog WordPress plugins which require you to upgrade to a VPS or Dedicated Server to use;
- Audio or video streaming sites;
- MUDs, or hosted online games;
- IRC Chat related;
- Mass Email software;
- Proxy scripts;
- Multimedia storage and download.
Content published or transmitted via HostZilla’s service includes web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by HostZilla.
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Commercial E-Mail
You must obtain HostZilla’s advance written approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to HostZilla’s reasonable satisfaction:
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and **SHORT NAME**’s requests to produce consent evidence within 72 hours of receipt of the request.
- The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at email@example.com
- You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
- You must post an abuse@**yourdoman.co**m e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- You have the means to track anonymous complaints;
- You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
- You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your HostZilla service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your HostZilla service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
HostZilla may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any ther network you access or participate in using your HostZilla’s services.
Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- you are otherwise permitted by established United States copyright law to copy the work in that manner.
- HostZilla will terminate the service of repeat copyright infringers.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the HostZilla network, please send your written notice of copyright infringement to firstname.lastname@example.org
Your notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit **SHORT NAME** to locate the material;
- Information reasonably sufficient to permit HostZilla to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
UNLIMITED HOSTING and what it means
The phrase Unlimited Hosting is enacted in a shared hosting environment with other customers. While HostZilla makes every effort to allow for liberal usage of resources, in the event that a customers
usuage of disk space, data transfer and/or processor power is adversely effecting the performance of other users on the server, HostZilla reserves the right to monitor, throttle or suspend the offending accounts.
Rest assured if this happens we will work with you to find an amicable solution , whether it involves changing some settings, removing some plugins or upgrading to a VPS or Dedicated server.
Certain web hosting plans include a “free” domain name with the purchase of the plan. This domain is only free for the first year of service at which time the customer will have to renew the domain at stated rates. In the event of a refund for web hosting services, HostZilla will deduct the price of the domain registration fee from the refund to cover costs associated with registering the domain name on behalf of the customer.
You must have valid and current information on file with your domain name registrar for any domain hosted on the HostZilla network.
Cancellation of your account constitutes forfeiture of all services provided by HostZilla effective immediately. HostZilla is under no obligation to retain files from a cancelled account. The Customer is advised to backup to their own hard drive or other form of media, all Customer’s files residing on the HostZilla servers before canceling their account. If the account is past the 15-day refund period and the Customer still confirms they wish to cancel, the Customer acknowledges that they are forfeiting all access to their hosting account, and they forfeit the remainder of time between the cancellation date and the next renewal date indicated on the original invoice for the hosting purchase. There are no prorated refunds. Cancellations can be requested by opening a support ticket at http://hostzilla.com/support.
Money Back Policy
HostZilla offers an unconditional 15 day money back guarantee. If for any reason you wish to cancel our service within 15 days of the date of purchase (also described as the “Signup Date” or “Invoice Date”), please visit our support desk to open a support ticket requesting cancellation.
PLEASE NOTE: This policy applies only to hosting services and not the setup fee or domain registrations. Domain names are tangible assets that we must pay a third-party provider to register in your name. Therefore, once the registgration is complete you own that domain name and the domain registration fee is unable to be refunded. No refunds will be given for domain names that are misspelled, mistyped, contain characters that are not allowed, or are otherwise registered with typos and mistakes. Please check your domain very carefully before submitting for registration. In the event of a refund for web hosting services, we will deduct the domain name registration fees and a pre-determined setup fee.
HostZilla is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the HostZilla network.
Governing Location of Dispute
In the event of any legal dispute, the appointed place of dispute will be in Hong Kong SAR, the location of HostZilla’s worldwide headquarters. All legal motions and complaints must be filed there.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL HostZilla (INCLUDING, WITHOUT LIMITATION, HostZilla’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING HostZilla’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR HostZilla SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY HostZilla SERVICES EVEN IF HostZilla HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HostZilla’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR HostZilla’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY HostZilla OR HostZilla’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
HostZilla may, without notice to customer, discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with HostZilla’s services. Certain changes to HostZilla’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and HostZilla is not liable, for any and all such personalized applications and content.
Inquiries regarding this policy should be directed to our Support Desk.