The following terms and conditions (these "Terms") govern the provision by HostPlay of the services and/or products (referred collectively herein as "Services and Products") described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the "Service Descriptions") and defined in any of the Company's product support listing, to the customer ("Customer") identified on the Service Descriptions.
The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using our services.
HostPlay will make sure to assist their clients as much as possible with the hosting service they rent. Regarding the technical complicity and difference from the internet, HostPlay will not be held responsible for interruptions or delays and the eventual impossibility for the user of an account, to gain access to the hosting service(s) due to saturation of the different networks or due to any other problem that might occur, where HostPlay or the user can be confronted with. The client can never hold HostPlay responsible for an interruption of the service for planned maintenance, emergency maintenance of the network and supremacy or an outage due to negligence of a third-party client, ddos attack and/or hack attempts.
HostPlay shall not be responsible for any damages your business may suffer.
All services provided by HostPlay may only be used for lawful purposes. The customer agrees to indemnify and hold harmless HostPlay from any claims resulting from the use of our services.
Users are ultimately responsible for all contents and actions taken under their respective accounts.
The following is a list of content that is not accepted in our Shared/Reseller/Semi-Dedicated Hosting plans.
The following is a list of content that is not accepted in our VPS Servers.
The following is a list of content that is not accepted in our Dedicated Servers.
Resource Usage (excludes VPS and Dedicated servers)
User may not:
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package to a semi-dedicated service or vps server. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
SPAM and Unsolicited Commercial Email (UCE)
You agree and understand that spamming, sending unsolicited emails and bulk emailing from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund.
You agree and understand that we have set a limit of 250 outgoing emails per hour on shared, reseller and semi-dedicated hosting services, 500 outgoing emails per hour on Virtual Private Servers, 3000 outgoing emails per hour on Dedicated servers to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.
All our Shared/Reseller/Semi-Dedicated/Virtual Private Server Services can be online instant after the first payment is confirmed!
We may contact you directly through the email address or other information you provide to confirm information or purchases we have successfully received from you.
HostPlay working backups every 24h for all shared, reseller and semi-dedicated accounts. However, client always can ask us for last backup, and we will do that as soon as we can. We only store backups for 10 days after the Due Date. Unfortunately if a client requires his backup after 10 days from the due date we will not be able to provide it. Always back your site up to your personal computer! We make no guarantees about the availability of backups. VPS/Dedicated Server Customers are fully responsible for maintaining their own backups.
HostPlay agrees that it shall maintain a 1 Gigabit connection to each server (from the server to the switch)***. However, HostPlay does not warrant any response rate or download time beyond it's control, as this is depending on Customer's and End Users ISP connections. We do NOT guaranty a set internet speed to your server.*** We do recommend, however, that you take advantage of our "speed and ping" test, prior to placing your order with HostPlay.
We have facilities in the Netherlands, Sweden, Bulgaria and Russia.
Please Contact Us for Test IPs and Download Test Files.
HostPlay may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary. However, HostPlay shall provide prior notice where it is reasonably practicable under the circumstances, determined by HostPlay, and shall restore service as soon as is reasonably practicable, determined by HostPlay. Customer shall not be entitled to any setoff, discount, refund or other credit, in case of any service outage which is beyond HostPlay control or which is reasonable in duration. (Reasonable) is to be determined by HostPlay.
The parties expressly recognize that it is impossible to maintain flawless security, but HostPlay shall take reasonable steps, (determined by HostPlay), to prevent security breaches in server interactions with Customer and security breaches in HostPlay server interaction with resources or users outside of any firewall that may be built into HostPlay server. Specifically, Web traffic is monitored and some activities are prevented by a Server Security Module, incoming and outgoing email if filtered through several means to prevent the transmission of spam, viruses, exploits and Trojan horses. Full system logging and accounting is done with each command and keystroke recorded to external log files. These log files are audited and maintained for 7 days and then destroyed, However, Customer is solely responsible for preventing password protected pages within its Web Site from being automatically indexed and linked to search engine Robots or Spiders, or accessed by outside parties. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds HostPlay harmless for any compromise of Customer's security that resulted from their own actions.
HostPlay has the permission to change their prices at any time. These adjustments will be announced to the customer at least 2 weeks in advance. The customer is free to cancel the agreement if not agreed with the new prices, on the date that the new prices are valid.
Service Delivery time
Activation of a server will be done as fast as possible, after the payment is confirmed, or after a later agreed day. If we cannot activate a package before the agreed time period, we will inform the customer about this as soon as possible. In case of superior force from HostPlay, the term will be extended with the term of that superior force. Excessively exceeding delivery time, can be a valid reason to cancel the agreement made between HostPlay and the customer. With the request and registration of a domain name it can take a 24 hours before it's entirely processed. Registration and activation will be done as soon as the payment and necessary (request)forms are received.
Software updates and installations
HostPlay shall perform all system administrative software updates and installations for web servers, email servers, and all related software systems.
Payment Conditions & Account Cancellation
The customer's payment commitment will start on the day the agreement is made.
The payment must be done before the package is activated or before the due date on the next invoice.
The total price, depending the cycle the agreement has, needs to be paid in advance. If the customer does not pay on time, the customer will be informed about it and another due date will be made.
HostPlay will generate Invoice for services 7 days before due date. Payment reminder will be sent 3 days before due date, Service will be suspended on accounts that reach 3 days past due. Accounts not paid by due date may be subject to a late fee. If the customer does not pay after 7 days of the due date, the service will be cancelled and terminated. Please note that VPS and Dedicated Servers Customers must pay all dues before or on due date, HostPlay will wait 1 day before Terminate the account.
If Customer is unable to pay invoice on time, HostPlay must be informed about payment delay minimum 2 days before due date of services over email email@example.com or by opening ticket over Client Area. In email Customer have to explain reason why services cannot be paid on time and when is exactly expected to pay invoice.
Cancellation of Services
To cancel account, the customer must login to their account (Client Area), click on My Hosting Packages, click the service you wish to cancel, and click "Request Cancellation". Cancellation by any other means will not be an acceptable form of a cancellation request.
Money Back Guarantee
Hosting services carry an unconditional 7 day satisfaction guarantee. If you become dissatisfied with our services to cancel your hosting services and receive a refund, you must contact us within 7 days from the Effective Date of the particular Services you wish to cancel. Only your monthly fees are refundable. Set up, domain name registration, SSL Certificate, Add-ons like Additional IP's, Licenses, are not subject to refund. Paypal payments will be refunded on-line and other payment methods are not refundable.
Violations of the Terms of Service will waive any refund.
Due nature of services, VPS and Dedicated servers are not refundable.
HostPlay will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation or Registrar issues), routing issues between subscriber location and our private data center, failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
Changing terms and conditions
HostPlay has the permission to make any modifications on the terms and conditions at any time, If a customer does not wish to agree on the changes in our terms and conditions, he can cancel the agreement until the date that the new terms and conditions apply, until this date or on the date of receiving of the cancellation, if this applies after the commencing date.
Last Updated: January 1st, 2016
What information is collected from the User by the Company?
Different types of personally identifiable information are collected from the user by the Company in order for the company to be able to provide its services. These includes, but is not limited to: name, mailing address, telephone numbers, email addresses, credit card information and other information that may be needed for providing the services requested by the User. All this information is provided voluntarily by the User through various order forms, email messages sent to the Company, submit forms, identification forms of LiveChat, information provided by the telephone etc.
If you purchase by credit card, We may request necessary documents to verify your payment.
The Company also collects different types of non-personally identifiable information about its website visitors. These include but are not limited to referral URL's, Users' IP addresses, Users' use of website, information about the browsers used by the User, etc. Some of this information is collected through Cookies, which are small pieces of data that are sent to your browser from a web server and are stored on your computer's hard drive and help the Company identify the User. The user has the choice to modify his/her browser and thus to reject the Company's cookies.
How does the Company use the collected User's information?
The company uses the collected User's information mainly to provide the service requested by the User. It is used for initial service provision and ongoing User's support. The information can also be used by the Company for sending periodic emails announcing important service changes, new features, technical issue updates and news, different promotions etc. The Users may decide NOT to receive such emails by replying to any of them with "Unsubscribe" in the subject. The information is also used for improving the Company's effectiveness. Based on the data collected the company tries to improve its advertising and sales efforts, website layout and content and to make the overall experience of the User more rewarding. The information can also be used for resolving ownership and other disputes and enforcing agreements between the Company and the User.
Does the company disclose User's information to third parties?
The Company may disclose the Users' personal information to its business partners, independent contractors or other third parties together with whom the Company provides its services. For example: the Credit card information of the User may be provided to the card issuing bank, or other partnering entity involved in the payment processing for payment confirmation and verification; the personal information of anyone, who uses the domain name registration services of the Company, is available in the public WHOIS searches as required by the domain name registration regulations; User's personal and business related information may be provide to the SSL certificate provider with whom the Company cooperates for providing the SSL certificate service to the User, etc. The use of the data provided by the Company to these partnering service providers is governed by their own Privacy Policies and is beyond the Company's control.
The Company may also disclose the User's personal information if this is required by law, or the Company believes in good faith that it has to do so to protect the rights and the property of Company or its customers.
The Company may also transfer personal information of its Users in connection with a sale of the Company's business.
What is done by the Company to prevent loss, misuse or alteration of the User's information?
The company guarantees that it applies strictly all the industry standard security measures to protect the personal information collected from its users. These include but are not limited to: password protected access to the personal information, limited access to the sensitive data, encrypted transfer of sensitive data submitted by the User through the Company's order forms, login forms etc. However, there may be security and privacy limitations which are beyond the Company's control. By choosing to provide personal information to the Company the user understands and agrees that the security, integrity and privacy of his/her information cannot be 100% guaranteed.
To report an incidence of abuse, please report it to firstname.lastname@example.org
Last Updated: January 1st, 2016