This page includes HostFS’s Term of Service. By using any HostFS’s products, the client must agree with this term. HostFS can change the term without prior notification.
Prohibited Uses
The uses of HostFS Services set forth in this section hereinbelow are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber (as determined in the sole discretion of HostFS) constitutes a material breach of these Terms and will subject Subscriber’s account to immediate termination without notice and without any refund.
-
Spamming
Spamming, whether or not it overloads the Services or disrupts service to HostFS’s Subscribers, is prohibited. The term “Spamming” includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt-in. HostFS requires that all email messages contain an automated opt out. We do not allow purchased lists. HostFS reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, HostFS allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.
-
Online Pharmacies
No Subscriber may utilize the Services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
-
Prohibited Offerings
No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
-
Profanity
Profanity or profane subject matter in the site content and in the domain name are prohibited.
-
Private Information and Images
Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).
-
Violations of Intellectual Property Rights
Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. HostFS is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (please see the Copyright Claims Policy here for more information).
-
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
-
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
-
Hacking
“Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
-
Anonymous Proxies
HostFS does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
-
Export Control Violations
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Subscribers may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
-
Child Pornography
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. HostFS is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
-
Other Illegal Activities
The use of the Services to engage in any activity that is determined by HostFS, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available Ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, failure to comply with applicable on-line privacy laws or any executive orders, as well as any rules, regulations or orders issued by the Office of Foreign Asset Controls (“OFAC”). HostFS will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
-
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
-
Other Activities
Engaging in any activity that, in HostFS’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, HostFS’s business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of HostFS’s Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with HostFS in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.
-
Dedicated and VPS Hosting
All of the activities listed in this section are also prohibited on Dedicated and VPS Hosting accounts.
-
HIPAA Disclaimer
We are not “HIPAA compliant.” Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. HostFS does not control or monitor the information or data you store on or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that HostFS is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
BACKUP STORAGE
HOSTFS OFFERS ITS SERVICES TO HOST WEB SITES, NOT TO STORE DATA. USING AN ACCOUNT AS AN ONLINE STORAGE SPACE FOR ARCHIVING ELECTRONIC FILES IS PROHIBITED AND WILL RESULT IN TERMINATION OF HOSTING SERVICES WITHOUT PRIOR NOTICE.
Anti-Spam Policy
HostFS maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”). You may not use any of our services or networks to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:
- Use or contain invalid or forged headers
- Use or contain invalid or non-existent domain names
- Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path
- Use other means of deceptive addressing
- Use a third party’s Internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party
- Contain false or misleading information in the subject line or otherwise contain false or misleading content
- Fail to comply with additional technical standards described below
- Otherwise violate HostFS’s User Agreement, AUP and other Terms of Service
Unauthorized use of HostFS’s network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.) and other state and federal laws.
CANCELLATION OF SERVICES – REFUND POLICY
HostFS provides a 30-day money back guarantee for new SHARED hosting account registrations, subject to the following terms and conditions:
-
Nonrefundable Fees
Fees paid by Subscriber in connection with the purchase of SSL certificates, Dedicated Servers, Windows Server Licenses, All Software Licenses, Domain privacy, Domain names are nonrefundable under these Terms.
-
VPS Cancellations within First 3 Days of Registration
In the event Subscriber cancels the Services within three (3) calendar days of registration, Subscriber will receive a full refund of all fees paid in connection with the registration for VPS service upon request, with the exception of any Nonrefundable Fees. The subscriber has the option, but not the obligation, to retain ownership and control of any promotional “Free Domain Names” registered in connection with the subscription, in which case Subscriber’s refund will be reduced by $15.99 per domain name.
-
Cancellations After 3 Days and Before 30 Days
In the event Subscriber cancels the Services after the expiration of three (3) calendar days, but prior to the expiration of thirty (30) calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees for extra service (e.g. domain name, Dedicated IP, SSL certificate, used period of hosting), subject to the following additional mandatory reductions:
- Free Domain Names: If Subscriber registers any domain name as part of a “Free Domain Name” promotion in connection with the registration, Subscriber’s refund will be reduced by $15.99 per domain name. Subscriber will retain full ownership and control of any such domain names.
- Postini/DedIP Any fees paid by Subscriber in connection with Postini or for services of a Dedicated IP will be refunded at a prorated rate based on the registration date, the length of service, and the date of cancellation.
- SSL certificate: If Subscriber registers for a free SSL certificate as part of “Free SSL” promotion, Subscriber’s refund will be reduced by $15.99 per issued SSL.
-
Cancellations After 30 Days
Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees and any setup fees, which are nonrefundable after thirty (30) calendar days, receive a pro-rated refund for all other fees paid for Services, less $15.99 per “Free Domain Name.”
-
Notice of Cancellation
Subscriber agrees to direct all cancellation requests to HostFS via online chat OR ticket system in ClientArea. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by HostFS. Subscriber must also confirm to HostFS that all emails, files, and databases are preserved and backed up somewhere other than HostFS server space. Once confirmed, the cancellation will be done immediately OR at the end of current billing period, depends on which option what you prefer.
Shared Hosting 30 days money-back guarantee/Refund Policy
All Share Hosting packages include a 30-day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full or partial refund. The refund policy is described as follows:
- No refund can be made after 30 days period.
- Refund can only be made on the FIRST payment. If you purchase another license, payment is final and there is no refund in this case.
- Within 30-days from the purchase date, in order to receive a refund, the client must send an email to info [AT] hostfs.com and ask for the refund.
- Refund can only be made if payment is done via PayPal. Every other payment methods are final and not refundable.
- The Condition for a full refund: the account must be in good standing and has no external complaint/abusing.