Terms Of Service
Effective Date: 24th January 2024
HostLogic Ltd. recognises the importance of privacy and is committed to protecting the personal data of our users (“user” or “you”). This Privacy Policy outlines our practices regarding collecting, using, disclosing, and safeguarding your information when you visit our website and use our hosting services.
1. OVERVIEW
1.1 Parties.
This Hosting Agreement (this “Agreement”) is entered into by and between HostLogic Ltd entity, the details of which are indicated in the HostLogic’s Terms of Service, (“HostLogic”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of HostLogic’s Hosting services (the “Services”) and represents the entire agreement between you and HostLogic concerning the subject matter hereof.
1.2 Terms.
The terms “we,” “us” or “our” shall refer to HostLogic. The terms “you,” “your,” “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1.3 Changes to this agreement:
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore especially important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. DESCRIPTION OF SERVICES
2.1 Server Space.
We allocate space on a server to store the files and data that make up a website. This includes HTML/CSS files, media content, scripts, and databases. We offer varying plans of Hosting Services. If you purchase Web Hosting, your site is placed within one or more servers and resources are shared between many customers on the same servers; however, your site is given a unique address (DNS).
2.2 Internet Connectivity.
We ensure that the server is connected to the internet so that when users type in a domain name or click on a website link, they are directed to the correct server and can access the website’s content.
2.3 Uptime.
With HostLogic we guarantee 100% server uptime, i.e. the percentage of time the hosted service is available and operational. We can do this has we have immediate failover to alternate servers in the event of a server failure.
2.4 Response Time for Customer Support.
Response times are tiered based on the severity of the issues reported and response times depend on your hosting package.
2.5 Data Backup and Recovery.
Every site on our platform is backed up by us on the following schedule (when changes are detected): File System: Daily at 00:00 GMT, Database: Hourly. We store daily backups for one week, followed by weekly backups for a month.
2.6. Content fixes and Quick fixes
Hosting plans may include a specified number of Content Edits and Quick Fixes. These are defined as follows: (1) Content Edits include updating text, images, or media on a website, correcting typos, modifying existing content, adding new content to existing pages, or adjusting formatting to ensure the site’s content is current and accurate, (2) Quick Fixes might involve resolving minor technical issues, such as fixing broken links, addressing minor bugs, updating plugins, or making small adjustments to improve website functionality and performance.
2.7. Other services.
Other services as outlined with your hosting package.
3. SERVER UPTIME GUARANTEE
3.1 Server Uptime Guarantee.
we offer a Server Uptime guarantee of 100% (“Server Uptime guarantee”) of available time per month. If we fail to maintain this Server Uptime guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 20% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us and is exclusive of any applicable taxes.
3.2 Exclusions.
The Server Uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable, including, but not limited to, DDOS attacks and IP blacklists; and (5) outages related to the reliability of certain programming environments; (6) interference with internet connectivity at the customer’s ISP; (7) interference with internet connectivity that occurs on one of the routes which is the connectivity path from the customer to our server; (8) browser caching or DNS issues; (9) your fault or negligence; (10) interference caused by other parties; (11) violation of our Terms and Conditions.
3.3 Claims.
Claims for the failure of the guarantee above can be claimed within a maximum of 30 days after the interruption occurred
4. PAYMENT OF SERVICES
4.1 Payments.
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless the service is not provided. HostLogic expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.
4.2 Renewals.
It is your responsibility to ensure that payment is made for annual renewals, to avoid disruption of services. Renewal emails will be sent 14 days before the end of the contract period. Payment must be made before the renewal date. If a renewal payment is not made in the period, your account will be assumed to be cancelled.
4.3 Refunds.
See Service Uptime Guarantee section.
4.4 Cancellations.
Each contract runs for a set period of time, as specified in your plan. Cancellations may be made in writing before the end of the contracted hosting period.
4.5 Transfer requests.
5. LIMITATIONS; ACCOUNT TERMINATION
5.1 Migration of Servers.
You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers, though uptime will be unaffected. As a result, though, you may be assigned a different IP number.
5.2 Termination of Services.
You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider unless you contract us to do so. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted within 14 days, and we will not be able to provide a copy of such content.
6. PROHIBITED ACTIVITIES
6.1 Prohibited activities.
Your use of Hostlogic services, including any content you submit, will be for commercial or professional use, will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. You will not use this Site or the Services in a manner (as determined by HostLogic in its sole and absolute discretion) that:
- Is illegal or promotes or encourages illegal activity.
Promotes, encourages, or engages in pornography, child pornography or the exploitation of children. - Promotes, encourages, or engages in terrorism, violence against people, animals, or property.
- Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking.
- Promotes, encourages, or engages in the sale or distribution of prescription medication without a valid prescription.
- Infringes on the intellectual property rights of another User or any other person or entity.
- Violates the privacy or publicity rights of another User or any other person or entity or breaches any duty of confidentiality that you owe to another User or any other person or entity.
- Interferes with the operation of this Site or the Services found at this Site.
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding HostLogic or HostLogic’s Services.
7. YOUR OBLIGATIONS
7.1 Technical restrictions (e.g. use of rogue scripts, etc).
You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited, and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Agreement. In addition to the General Rules of Conduct listed in our Universal Terms of Service, you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to: (1) disseminate or transmit any material that, to a reasonable person may be grossly offensive, vulgar or malicious; (2) attempt to mislead any person as to the identity, source or origin of any communication; (3) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; (4) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement or any of our policies; or (5) use your server as an “open relay” or for similar purposes. We prohibit the running of a public recursive DNS service on any of our servers. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public DNS services and reserve the right to remove any servers from the network that violate this restriction. You shall not use HostLogic Services in any way that shall impair the functioning or operation of it, or any equipment used to operate it. Included, but not limited to, you shall not use the Services as: (1) a repository or storage for files; and/or (2) a place to store material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
7.2 Data Protection and Security.
You shall be solely responsible and liable for compliance with applicable privacy and personal data protection requirements (including, but not limited to requirements laid down by General Data Protection Regulation (EU) 2016/679) (GDPR), which may be applicable to any personal information, data or content collect through, stored, or otherwise processed in relation to Hosting Services on your website or server content. You shall at all times remain data controller of any such personal data without any liability of whatsoever nature to HostLogic. You acknowledge that HostLogic may in certain limited cases have access to information and communications systems for the purposes set forth in this Agreement or our Terms of Service. Without limitations to the generality of the foregoing, you shall be solely responsible for installation of organisational and technical security measures sufficiently protecting personal data stored or processed on your website. Consequently, you will be solely responsible for all and any data breaches, incidents and similar violations pertaining to such data, unless such data breach has occurred solely due to technical failures, malfunction or errors of the servers and resources, which HostLogic has expressly warranted to secure to You and assume liability for such failures, malfunction, or errors. We will access your Site only to the extent necessary to perform maintenance, resolve technical issues, or comply with legal requirements. We commit to protecting the confidentiality and integrity of your data during such access. Any and all access to the Client’s Site will be conducted in accordance with our Privacy Policy, applicable data protection laws, and best industry practices.
7.3 Website/Server Content.
You shall be solely responsible for providing all content on your website including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software, and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services.
7.4 Applicable laws.
You are responsible for ensuring your website conforms to all applicable local, national, and international laws. In cases where certain functionalities are required by laws of specific countries. You are solely responsible for implementing such functionalities (including by using third parties services, if required).
7.5 Taxes.
You are responsible for collecting and managing all end customer payments. Similarly, you are responsible for the payment of all applicable state, federal or international taxes on products you sell using the Services. It is your responsibility to read, enter into, and agree to all and any agreements required for use of your selected Payment Methods and Tax options. HostLogic is not responsible for the accuracy of information obtained through the Payment Method and Tax options. You are responsible for any additional taxes and duties imposed on the transaction. You may be subject to foreign tax obligations by selling to buyers. You are solely responsible for complying with all domestic and foreign tax, shipping, and export laws with respect to the sale of your items to buyers internationally.
7.6 Third Party Services.
Where you are using third party services, which are integrated into your website, you are responsible for managing and maintaining in good standing any paid subscription and/or account required with a third-party provider.
8. PROVISIONS SPECIFIC TO WEB HOSTING
8.1 Storage and Plan Limits.
In the event that your plan limitations are exceeded, you may need to reduce the number of files or database size, your site may slow down or not be served until resources are released or more resources are added, and your site may be temporarily or permanently suspended, in our sole discretion. More resources may be added at any time by upgrading your plan. HostLogic reserves the right to change the plan limits at any time and such changes shall be posted online at HostLogic web sites.
8.2 Storage and Security.
HostLogic’s backup service runs daily and overwrites any of our previous backups. Only 30 days of backups are stored in the remote server.
8.3 Size limits.
We offer certain services that contain unlimited features, meaning there are no predefined caps on the resources of that particular feature you can utilize. However, we maintain a fair usage policy across all accounts to prevent violations and uphold service stability. In practical terms, this entails that our unlimited services are intended for the typical operation of a small business website. For example, shared hosting accounts are allotted up to 3GB for database usage, while cloud hosting accounts have a 6GB limit. Additionally, FTP accounts have a cap of 300, and Cronjobs are limited to 400. In cases where your usage or content surpasses these limits, potentially posing a risk to the stability, performance, or uptime of our servers, data storage, networking, or other infrastructure, we may request a reduction in usage, recommend upgrading your current plan, or take necessary measures to restrict the resources your website is utilizing.
8.4 Archive.
Our servers are not an archive, and we shall have no liability to you or any other person for loss, damage, or destruction of any of your content. The Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one.
8.5 Website/Server Content.
Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to Rapidshare); (4) commercial audio streaming; (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.
9. THIRD PARTY SOFTWARE
9.1 Third Party Software and Plugins.
“Third Party Software” means any software or application developed and owned by a third party provider that we may contract with from time to time. You may choose to install, deploy, or use third-party software or applications (“Third-Party Software”) on your hosted website. You are responsible for selecting Third-Party Software that is compatible with our hosting environment and for ensuring that it functions correctly within that environment. You must ensure that you have the necessary rights, licenses, and permissions to use any Third-Party Software on your website.
9.2 Compatibility.
We do not endorse, support, or guarantee the compatibility of any Third-Party Software with our hosting services. We are not responsible for the functionality, reliability, or performance of any Third-Party Software used on your website. We shall not be liable for any damage, loss, or harm resulting from the use of Third-Party Software, including but not limited to data loss, security vulnerabilities, or website downtime.
9.3 Updates to Third Party Software.
As part of our service, we may be contracted to update third party software on your behalf. However, we are not responsible for any flaws, downtime or security breaches that arise as a result of outdated or vulnerable Third-Party Software. Our support services do not cover issues related to the installation, configuration, or troubleshooting of Third-Party Software. You are responsible for seeking support for any Third-Party Software directly from its respective providers or through appropriate channels.
10. FORCE MAJEURE
10.1 Definition.
For the purposes of this Agreement, “Force Majeure” refers to any event beyond the reasonable control of either party, which prevents a party from fulfilling its obligations under this agreement, including but not limited to:
Natural disasters (such as earthquakes, hurricanes, floods, and wildfires).
Acts of war, terrorism, insurrections, riots.
Strikes or labour disputes not involving the employees of the affected party.
Governmental actions or restrictions.
Pandemics or epidemics declared by a competent health authority.
Significant failure of a part of the power grid or internet infrastructure.
Other unforeseen events, which are not attributable to the party affected.
10.2 Effect of Force Majeure.
Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control and without the fault or negligence of the party affected by the Force Majeure event. Upon occurrence of any Force Majeure event, the affected party shall promptly notify the other party, stating the nature of the event, its anticipated duration, and any actions being taken to avoid or minimize its effect. The notification shall be followed by regular updates during the period of the Force Majeure event. If the Force Majeure event continues for a period longer than [specified number of days], either party may terminate the Agreement without any liability. However, the client shall still be liable to pay for services rendered before the occurrence of the Force Majeure event.
10.3 Mitigation.
The affected party shall make all reasonable efforts to mitigate the effects of the Force Majeure event on the performance of its obligations under this Agreement and shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
10.4 Exclusions. Financial hardship of the client, changes in market conditions, or insufficiency of funds are not considered Force Majeure events under this Agreement. This Force Majeure policy does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or your obligation to pay for the Services rendered.
11. LIMITATIONS
11.1 Limitations of Liability.
In no event shall HostLogic, its officers, directors, employees, agents, affiliates and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever (regardless of whether they has been apprised of the possibility or likelihood of such damages occurring).
This limitation includes, but is not limited to, any damages that may result from
(i) the accuracy, completeness, or content of this site,
(ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
(iii) the services provided on this site (including available through your account) or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
(iv) potential loss of business, revenue, profits, opportunities or any other business related losses, personal injury, or property damage of any nature whatsoever,
(v) third-party conduct of any nature whatsoever,
(vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein,
(vii) any loss of data, whether due to hardware failure, software issues, unauthorized access, or any other unforeseen circumstances,
(viii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
(ix) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
(x) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “X-rated,” obscene, or otherwise objectionable, and/or
(xi) any loss or damage of any kind incurred as a result of your use of this site, or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not HostLogic is advised of the possibility of such damages.
In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this site, or the services found at this site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. In addition, you specifically acknowledge and agree that notwithstanding anything to the contrary contained herein, in no event shall HostLogic’s total aggregate liability exceed the actual amount paid by you for the service which gave rise to such damages during the 12-month period prior to the date the damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.
12. INDEMNITY
You agree to protect, defend, indemnify and hold harmless HostLogic and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by HostLogic directly or indirectly arising from (i) your use of and access to this site or the services found at this site; (ii) your violation of any provision of this agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.