Terms of Service
HostMiza is solely the Internet service provider, operating in good faith, under safe harbor provisions. By ordering services of HostMiza, all its clients and partners acknowledge that they have read, understood and accept set forth herein User Agreement, and that under no circumstances, will they hold HostMiza and it's employees, liable for, or present as being associated with, to any extend, the content, broadcasted using services of HostMiza and it's upstream providers.
SPAM and Unsolicited Commercial e-mail:
HostMiza strictly upholds a zero-tolerance policy regarding unsolicited e-mail and spam sent over our network. Members are politely reminded to refrain from such practices as it will lead to immediate account termination without further reprieve. Members will be held responsible for any and all violations that may compromise server security. This includes hosting or permitting others to host scripts or software over our network that is otherwise recognized as spam.
Contact us through ticket from client area at billing department for an account cancellation. Allow up to 5-10 days for your request to take effect. We require full account verification in order to process your request.
Payments & Refunds:
HostMiza bills all accounts on a monthly basis. Defaulting accounts will receive a courtesy email notification and a 24 hours grace period. Non-complying accounts will be deactivated, including all associated accounts. Accounts may be reinstated for a required $20 reactivation fee considered as late fees. We do not refund reactivation fees, incomplete membership fees, license fees, domain transfer or registration fees, scripting or software installation fees, or fees otherwise, after seven (7) days of initial account activation. Only fully prepaid monthly fees may receive a 75% refund within 5 business days if a proper reason is provided.
Responsibility to Maintain and Provide Backup Data:
In no case shall HostMiza be liable to the Subscriber or any third party for any loss of data resulting from its performance under this Agreement. It is the responsibility of the Subscriber to maintain current backup data in case of a loss, system or network failure, or negligence by either party. HostMiza shall not be liable to the Subscriber or any third party for losses or damages resulting from attempts made in good faith to restore service to damaged or corrupted media on behalf of the Subscriber. HostMiza shall not be required to assist the Subscriber or any third party with data recovery or provisioning of backup data in the event that this Agreement is cancelled or terminated.
Acceptable Use Policy:
Summary - This is free speech webhosting for websites like forums, communities, download sites, etc. There are few content restrictions and all is in accordance with laws and regulations of The Netherlands. There is no leeway on the rules that we do have, proper procedure is first to contact you for warning, second to suspend your site, third time - account termination. Do not sign up if you plan to do anything against the rules, we do check these things and we will know, do not waste ours and your time by signing up if you think you will be able to sneak by us and break the terms.
We reserve the right to reject, terminate or disable any service with or without cause per admin disretion. This is a strictly self-managed hosting, if you abuse our ticket or support system by submitting requests or complaints we will disable your account. The only time you should contact us about the offshore hosting is if there is a problem with the server.
I. Shared and Reseller Hosting Support
In order to offer our premium services at affordable prices support is limited to server level issues such as hardware, software, and configurations.
a) Configuration requests - we honor most configuration requests that need to be done on admin level such as custom php/mysql configurations, firewall configurations for your dedicated ips, dns, and httpd configurations.
b) Software requests - any reasonable request for software, libraries, or modules that cannot be installed on user level will be granted as long as it does not intefere with the security, stability and performance of other users on the server.
c) Emergency Support - We do not provide emergency support for offshore plans
d) Webmaster help - We do not offer any support for webmaster related issues and difficulty including coding, site installs, etc. if there is an issue where a library or configuration on our side is needed please let us know and we will make the changes for you but besides that we do not help with webmaster duties.
e) Backups - We do not provide backups on offshore hosting servers, you are fully responsible for all backups.
a) No child porn or any material that shows people under the age of 18 in a sexual maner. This includes "jailbait" photos, teens and anything else that is suggestive.
b) No spam related sites or any site material is posted that can be used for spam such as email lists, mass mail programs and scripts, etc.
c) No harrasing material that may cause people to retaliate against you and attack our servers - Have some common sense here.
d) No phishing pages of any kind.
e) No HYIP's/Autosufs/Ponzis allowed on Offshore Hosting and VPS plans. Such hosting requires minimum of 50 Gbps DDoS Protection VPS or an High Risk Plan or a DDoS Protected server.
We have total discretion on all content. If we feel that you are endangering our good standing with the network in any way we will not hesitate to terminate your account.
III. Scripts/Resource Usage
a) You may not run any exploitation script from the server. Anyone caught doing so will be terminated immediately.
b) Anyone attempting to hack or exploit the server by privilege escalation methods, php shells, etc, will have their account terminated and proper authorities will be contacted.
c) Malicious Botnets are strictly forbidden. Anyone running botnets or related materials will be reported to authorities and of course have their account terminated.
d) Spam, mass mailing, or email marketing in any way shape or form is strictly forbidden on all accounts and will result in immediate termination without warning.
e) Malicious hacking materials, trojans, virus, and malicious bots either running in process or for download are forbidden. Violators will have their account terminated immediately. We do understand that not all hacking and hacking materials are bad, as long as they are legal and ethical they are allowed.
f) Anyone caught uploading any kind of shell (PHP, CGI, etc.) will be terminated immediately and will not receive a refund.
g) Resource and cronjob abuse is forbidden and will result in suspension or termination depending on the circumstances. Admin discretion may be used in any situation.
h) Php/cgi proxies are strictly forbidden, no exceptions.
i) CGI-IRC is strictly forbidden, no exceptions. Java and php chat gateways like pjirc and others are allowed.
j) No fake mailers, mass mailers, mail bombers, sms bombers, etc.
IMPORTANT: We do not support server side includes or Front Page Extensions. Blackhat SEO materials like link generators are forbidden. You cannot run constant processes on webhosting accounts. Cronjobs are acceptable but if frequency constitutes abuse, your site will be suspended. We do not host spammers or link farms!
DDoS Protection Service Disclaimer (The Reality Check):
While we pledge to our clients that we will do everything possible to protect their Internet resources from DDoS attacks, we must remind them that the world we are all live in has only a handful of things that are truly unlimited. The world of Internet has known DDoS attacks capable of putting down websites of the biggest corporations and even cutting off entire countries. For this reason, on expectedly very rear occasions, due to extreme intensities of some DDoS attacks, we may not even get a chance to apply our DDoS filtering solutions because of the upstream network providers' rulings. This, in turn, may result in continentally partial accessibility of our customer websites, or even their complete shut off for independent from us reasons.
Consequences of Violation of User Agreement:
HostMiza may charge it's clients for User Agreement breach recovery, to offset the cost of equipment and material needed to (a) investigate or otherwise respond to any suspected violation of User Agreement, (b) remedy any harm caused to HostMiza or any of its customers and its partners by the violation of User Agreement, (c) respond to complaints, (d) respond to subpoenas and other legally authorized third party requests for information, when required by law, and (e) have HostMiza and it's upstream providers Internet Protocol (IP) numbers removed from any abuse databases. NO CREDIT OR REFUND will be granted for interruptions of service, due to User Agreement violations.
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