Web Hosting Terms Of Service

Web Hosting Terms of Service

This is an Agreement between You – Customer of our Shared & Cloud Hosting Services, and the following company, Valicom Net Ltd a Cyprus company headquartered in 16-18 Halkokondyli Street, 1st Floor, Office 104, 1071, Nicosia, Cyprus

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As a Customer of our Services, you need to be aware that, when signing up for an account with Valicom Net Ltd, you accept and agree to abide by our Web Hosting Terms of Service (this document) and our Acceptable Use Policy (AUP). The Order Form completion of the Service represents the electronic signing of these two documents.

As a Customer of our Services, you understand and agree also that it is beyond the power of Valicom Net Ltd to restrict any public access to the data that you position on our servers and guarantee the security of your files. In this respect, you accept that it is your obligation to protect all the information that you make available to the wide internet public through our web hosting network and assume all responsibility for unveiling online personal data that could be abused.

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Termination

ENTIRE AGREEMENT; SERVICE AGREEMENT

These Web Hosting Terms of Service, together with our Acceptable Use Policy Agreement, constitute the whole act of convention between You – the Customer, and Valicom Net Ltd. Valicom Net Ltd shall provide its Services to You under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to clarify all aspects, rules and provisions of the business relationship between You – the Customer, and Valicom Net Ltd. It is also intended to keep the integrity of this relationship and protect both parties from liability. This Service Agreement will be enforced, if/when necessary, in order to be guaranteed the speed, power, performance, and reliability of our services.

In the event that a court of competent jurisdiction declares any of the Agreement’s provisions invalid, unenforceable, or void, the remaining provisions will entirely preserve their validity. Customer’s side of the Agreement can be presented by any of the following parties: an individual over 18 years of age; a legal entity, such as a corporation, a limited liability company, etc. If a person represents the Customer, for some reason, he/or she must be legally authorized to act on his behalf, thus accepting, executing and delivering the Agreement.

This agreement shall be interpreted in consistence with the laws of Cyprus, and shall serve to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.

Valicom Net Ltd HOSTING SERVICES

A web hosting service is a type of Internet service that offers individuals and organizations/companies the resources to host their own web sites and store information, images, video, and other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs offer also periodic backup and archiving.

Valicom Net Ltd offers only web hosting services, not data storage services. A web hosting service consists of the following:

SERVICE FEATURES

Disk Space – We use a clustered storage technology. This means that the storage resources of a hosting plan purchased from us are not confined to a single server, but are distributed between multiple machines. This way optimal performance is guaranteed and higher server stability. It also ensures that you will be able to avail of all the storage quota that has been assigned to your particular account. Additional disk space is available as an upgrade option. Payment is accepted only in advance per year. Contact sales for more information.

Traffic – Each hosting plan includes unlimited traffic in Megabytes.

E-mail accounts – different number of e-mail accounts are available for setup with each web hosting plan.

MySQL/PostgreSQL Database(s) – MySQL databases are included in all web hosting plans. Additional databases are available as upgrade. PostgreSQL databases can be either included or optional. Contact sales for more information.

Database Storage – This storage is included in your account quota.

IP Address – Valicom Net Ltd’s hosting accounts do not include dedicated IP addresses, unless listed in plan features. Dedicated IP addresses can be purchased at any time as an upgrade to the web hosting service provided by Valicom Net Ltd. Dedicated IP addresses are purchased for a period of at least one year and are non-transferable to other web hosting providers. Contact sales for more information.

SSH – Not available is shared web hosting.

Detailed information about all features included in our web hosting packages is available on our web hosting plan pages.

INSTALLATION AND TROUBLESHOOTING

Each customer will be able to take advantage of our Installation & Troubleshooting service upgrade. It allows users to get one-time expert assistance from our technical support team or system administrators for a period of 1 hour. The Installation & Troubleshooting is intended for:

  • Hacked sites cleaning and restoration service

If you find your website hacked or reported to be infected you can rely on our help getting this fixed for you. This service included a backup of the current content, cleaning and/or restoring broken files from original script installation or restore from a previous copy.

  • Script, theme, plugin installation service

If you need any software installation, theme/template or even plugin installation that you do not wish to deal with, we can do it for you. We will backup the current site (if any) and complete the desired installation for you.

  • Scripts troubleshooting and debugging services

In case you have an issue with a software that you are unable to handle, we can do the troubleshooting and fix it for you.

  • Manual files, database or emails transfers between hosting accounts using our services. If you want to move a site or few over to another account we can handle the migration for you hassle free.

The Installation & Troubleshooting will not apply in the following cases:

  • Our installation service covers only fresh installations (no upgrades). We will not perform custom work or upgrade to a recent version on an already existing script.
  • The service will not include any configuration of the scripts beyond their installation. After the scripts are being activated and operational any further tweaking and setup is done by the client.
  • We will only provide installation and troubleshooting if the hosting is provided by us on our Linux or Windows Based Servers. We do not provide the service for any Windows, Linux and MAC servers which are not powered and managed by us.
  • We don-t provide any warranties and will not be held responsible for any data loss or any script, theme, plugin not operating as intended.

“UNLIMITED” USAGE POLICIES AND DEFINITIONS

The term “UNLIMITED” is used to describe the amount of resources in the web hosting plans provided by Valicom Net Ltd, which is not set to a predefined limit value (for example – unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.

In all cases, when a service is listed as “Unlimited“, it is intended for normal web hosting usage only – all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited.

Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. Valicom Net Ltd will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer’s hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, Valicom Net Ltd reserves the right to take corrective actions. Customer will be contacted to discuss for an upgrade of their account or a different solution. In rare cases such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers’ websites, website content, electronic mail, or termination of a customer’s account according to Valicom Net Ltd’s sole and absolute discretion.

SERVICE GUARANTEES

Valicom Net Ltd guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:

Server Hardware Breakdown;

User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, Valicom Net Ltd is not responsible for the downtime);

Failure due to software that is not explicitly supported by Valicom Net Ltd. If a hardware crash provoked by the customer consequently occurs, Valicom Net Ltd is beyond the control and responsibility for the resulting downtime.

For more information, please read our Service Level Guarantees

ACCOUNT/DATA BACKUP

Our backup service is provided as a courtesy to you and therefore, Valicom Net Ltd will be in no way held responsible for the files stored in your account. You, as a customer, agree to take full responsibility for all the files in your account and to maintain an appropriate backup of the data stored on our servers. We will back up the files located in the /www folder of your account, as well as the databases you have created. Backups are only kept for a period of 15 days. After this period, a backup cannot be restored.

CONTINUANCE TIMESCALES

Shared Web Hosting Accounts – all newly-created shared hosting accounts with Valicom Net Ltd are valid for 1 year. They can be regularly renewed for another year that is added to the official expiration date of the account. All account upgrades purchased from the Web Hosting Control Panel are valid and are to be functional till the final expiration date of the respective web hosting account.

SERVICE EXPIRATION AND RENEWAL

HOSTING SERVICE

The hosting service is active for one year (365 days). After the expiration of that period, the account will be automatically suspended and will remain suspended until the Customer renews it by paying its annual subscription fee. In case that the Customer does not renew his/her hosting account, it will remain BLOCKED. The account data will be kept for two months, after that it will be permanently deleted.

E-mail notifications regarding each account’s expiration are dispatched twice – 14 days and 7 days prior to the expiration date of the account. In order to receive the notifications, the Customer must provide a valid e-mail address. Valicom Net Ltd ensures that the e-mails are sent and takes no responsibility for e-mails that are not delivered due to problems with the recipient’s e-mail address.

CUSTOMER RESPONSIBILITIES

ACCOUNT REGISTRATION AND MANAGEMENT

In consideration of their use of the Service, customers agree to:

Provide true, accurate, current and complete information about themselves. Maintain and promptly update their registration data to keep it true, accurate, current and complete. If the customer provides any information that is untrue, inaccurate, not current or incomplete, or Valicom Net Ltd has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, Valicom Net Ltd has the right to suspend or terminate the customer’s account and refuse any and all current or future use of the Service (or any portion thereof). If untrue details are used in order to avoid VAT the customer can be held responsible by the respective national tax collecting agency.

When introducing any changes to their contact details, customers are obliged to notify Valicom Net Ltd in the course of 10 business days after the changes become valid. The introduction of changes should be done via our support portal at https://support.fast.com.cy. This requirement is also in force for Valicom Net Ltd, i.e. customers will be always aware of any contact information changes that the company places. This way, flawless communication between both sides is guaranteed.

Customers will receive a password and account designation upon completing of the registration process of the Service. Customers are responsible for keeping the confidentiality of their passwords and accounts, and are fully responsible for all activities that occur under that password or account. Customers agree to: a) immediately notify Valicom Net Ltd about any unauthorized use of their password or account or any other breach of security; b) ensure that they safely exit (log out from) their account at the end of each session. Valicom Net Ltd cannot and will not be liable for any loss or damage of account information arising from Customer’s failure to comply with this provision.

If a hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, Valicom Net Ltd will take the side of the person who paid for the account and shall not provide access to any other person, since – a hosting account owner is and will be considered to be the credit card /PayPal /IBAN account holder.

If the hosting account owner deceased prior to the expiration of his/her account Valicom Net Ltd will require death certificate or any other legal document that can provide an official evidence for that fact. Those who supply that information will be held legally responsible if the information is false or incorrect. Once such documents are obtained, Valicom Net Ltd will be the sole arbiter in assessing whether the documents are authentic or not. A record of the obtained documents will be kept until the expiration of the hosting account.

ACCOUNT USAGE

CPU usage (or usage of the Central Processing Unit(s) of the web server the customer’s account is hosted on).

Valicom Net Ltd strongly recommends that customers be very judicious when using the CPU power for their accounts. We reserve the right to block files or scripts that excessively use CPU. We may suspend also the Customer account in the case of registered impact on other accounts on the server or disturbance caused to its functioning. If we do block or suspend an account, then its owner will be notified of the situation and given an explanation, and/or offered to upgrade to a dedicated or a semi-dedicated web hosting solution

Emails – Users are not allowed to send more than 1500 emails per day/150 emails per hour per hosting account (each email can be sent to a maximum of 50 recipients, as each unique recipient will be counted as one message sent). Users are not allowed to send more than 1500 emails a day using a mailing list (or 1 email to 1500 subscribers, respectively).

File Quota – There is no file quota limit for any one of our web hosting packages. You are allowed to have an unlimited number of files in your hosting account.

Disk Space & Traffic – Valicom Net Ltd offers generous amounts of disk space and network bandwidth. Customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file types) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files that link to them. Audio, graphics and/or video files must be must be under 25% of the current web hosting disk usage and must never exceed 50 GB in size. Furthermore, such media files may amount to no more than 50% of the customer’s total monthly traffic usage. Upon request, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request. If the client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes – the Provider reserves the right to suspend the account and/or to remove the aforesaid content from the server. In such cases, refunds are not applicable and the money-back guarantee is no longer valid..

MySQL usage – each database hosted in our system can be used only by the user who created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in the first-mentioned customer account. The MySQL database has a limit of 45,000 queries per hour. If you have reached 45,000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset. You can make a maximum of 15 simultaneous connections to a MySQL database.

SERVER USAGE & HOSTED CONTENT

Server content MUST comply with the parameters stated in this TOS and our AUP (Acceptable Use Policy). Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of Valicom Net Ltd Services are used for the illegal purpose of SPAM or UCE, then they will be terminated instantaneously. Valicom Net Ltd expressly bans the use of any Valicom Net Ltd hardware or software hosted on a Valicom Net Ltd server for trying to illegally access another hosted machine or network. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact a Valicom Net Ltd Service representative.

Using If your website has been hacked/ infected with malicious content, we reserve the right to access your hosting account and delete the corrupted files. In this case, there will be no need for your account to be suspended. This way, your website(s) will be brought back to their normal state and you will be able to continue using our service.

NO UNLAWFUL OR PROHIBITED USE

As a condition for customer use of Valicom Net Ltd Services, You – the Customer, agree that you will not use Valicom Net Ltd Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and/or our Acceptable Use Policy (AUP). Valicom Net Ltd servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted.

Customers are solely responsible for the content of their messages. Using Valicom Net Ltd Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited.

In this light, Valicom Net Ltd expressly forbids any breach of EU or Local regulation, including, but not limited to, the transmission of: copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Valicom Net Ltd servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult or pornographic material, or any other material which is considered impermissible by the company’s Terms of Service (this document) and Acceptable Use Policy (AUP). Customers may not attempt to gain unauthorized access to any Valicom Net Ltd Services, other accounts, computer systems or networks connected to any Valicom Net Ltd Services, through hacking, password mining or other means. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Valicom Net Ltd Services.

Valicom Net Ltd’s management will thoroughly scrutinize all received orders and decide, to their own discretion, which of them do not comply with the officially stated requirements for use of the company servers. Valicom Net Ltd reserves the right to refuse service to unlawful parties. Valicom Net Ltd reserves the right at all times to disclose any information, as Valicom Net Ltd deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of Valicom Net Ltd.

E-COMMERCE CUSTOMER WEBSITES

When buying an allocated space on Valicom Net Ltd servers for the purpose of creating online stores or related e-commerce activities websites, customers agree to be fully responsible for the development, operation and maintenance of their web sites, online stores and e-commerce activities within that websites. The Customer is the only one in charge of approving, processing and filling clients’ orders and taking care of clients’ requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store. Each customer is in charge of all products and services, as well as all contents and materials appearing online on his/her e-commerce website, including:

the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products;

certainty that the Customer Content and content and materials appearing in the Customer store or on its products do not violate or infringe upon the rights of any person;

certainty that the Customer Content and the content and materials appearing in the Customer store or on its products are not calumnitous or somehow illegal.

Each Customer guarantees to Valicom Net Ltd that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to Valicom Net Ltd that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:

infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party;

break any criminal law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.

TORTUROUS CONDUCT

Any way of indecent treatment towards a Valicom Net Ltd employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with Valicom Net Ltd employees regarding any request for help or consultation, or any other reason for contacting our Valicom Net Ltd team via e-mail, chat, phone or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior – oral, written, or delivered by a second party – to members of Valicom Net Ltd customer care stuff will be interpreted as a breach of this TOS. Valicom Net Ltd reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions, including refuse refunds to users whose accounts have been suspended for violating this TOS provision.

FORCE MAJEURE CIRCUMSTANCES

Valicom Net Ltd CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbances, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

Damages & Losses – Valicom Net Ltd shall not be liable for (i) any indirect, incidental, special or consequential damages, OR for any loss of profits or loss of revenues resulting from the use of Valicom Net Ltd’s Services by the Customer or any third parties, or (ii) any loss of data resulting from delays, non-deliveries or service interruptions.

SERVICE PROVISION; WARRANTIES AND REPRESENTATIONS

You understand and agree that the Service is provided on an ‘AS-IS’ basis without warranties or representations for its offering. The company bears no responsibility for connection problems in cases when customer’s hosting with Valicom Net Ltd confronts with service interruption issues. Valicom Net Ltd assumes no liability for any service failure, or failure to deliver or store any Customer communication or personalization settings.

SERVICE DISCONTINUANCE

Valicom Net Ltd reserves the right to discontinue the delivering of the services and terminate this agreement for a certain period of time or indefinitely, with a prior notice. If the reason for this is Customer’s failure to observe these Web Hosting Terms of Service and/or our Acceptable Use Policy, no refund will be issued to the customer for the unused period of his/her annual subscription with Valicom Net Ltd. If the Customer has not violated any part of these Web Hosting Terms of Service, the Acceptable Use Police and/or any other related documents (Customer agreements) mentioned hereby – the Customer will receive partial refund covering the period of his/her web hosting subscription with Valicom Net Ltd that has not been used.

COMPLAINTS PROCEDURE

Valicom Net Ltd is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are encouraged to make use of our complaints procedure detailed below.

In order to file a complaint, please send us an email to support@valicom.net, specifying the nature of the problem you are experiencing. Please, provide us with as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be.

Here are our steps of addressing every single complaint:

  1. Valicom Net Ltd will confirm receipt of your complaint in writing, notifying you that the complaint will be addressed without delay. Valicom Net Ltd reserves the right to refuse to investigate complaints which are apparently frivolous, abusive or offensive.
  2. Valicom Net Ltd customer care representative will review your situation, search for an appropriate solution and inform you of the timeframe within which a response should be expected.
  3. If the Valicom Net Ltd Customer Care representative is not able to resolve your case within the pre-announced period, your complaint will be escalated to a Customer Care manager.
  4. If the Valicom Net Ltd Customer Care manager also can’t provide you with an appropriate solution, then your complaint will be forwarded to the Company Director, who will further investigate the situation and ensure that all necessary measures have been taken. The Company Director will respond in writing within two working days, and reply with a solution within five working days.
  5. An alternative complaint submission method is sending a fax to the following number: +357-22021671

CUSTOMER SERVICE CONTACT DETAILS

Customers can get in touch with our Customer Service via any of the contact options listed below:

  1. Open a trouble ticket from the customer Web Hosting Control Panel at:

https://support.fast.com.cy/

  1. Phone or Fax:

Cyprus:  +357-70001100
+357-99621403
Fax: +357-22021671

  1. Send us a Letter to:

16-18 Halkokondyli Street,
1st Floor, Office 104, P.O.Box 28659,
2081, Nicosia, Cyprus

REVISIONS

In order to improve its web hosting and customer care services, Valicom Net Ltd reserves the right to revise these terms and conditions at any time without prior notice. Customers are encouraged therefore to review this document periodically.

TERMINATION

You agree that Valicom Net Ltd, at its sole discretion, may terminate your password, account or use of the Service (or any part thereof), and remove and discard any Content within the Service if you violate this Agreement.

Revision date: 08 May, 2018