Dedicated Server Terms and Condition:
To ensure the best performance for all of our customers, we use the following policies:
Payment:
The Subscriber shall pay TOSHOST LTD all fees due upon receipt of an invoice specifying the amounts due (“Fees”). Fees are due and payable by the Subscriber within seven (7) days of the date of the invoice. The Acceptance by the Company of late or partial payments shall not waive any of TOSHOST LTD’s rights to collect the full amount due under this Agreement.
Fee & Suspension:
Services will be suspended on Subscriber accounts that reach two (2) days past the invoice due date and a ten percent (10%) late fee will be added to the outstanding balance. Once an account becomes two (2) days overdue, Services will enter into a 'suspended state'. In the 'suspended state' Subscriber data will not be in jeopardy. Services will be terminated on accounts that reach five (5) days past due.
IP Addresses:
IP addresses are assigned as per ARIN policy. 1 IP address are included with each dedicated server free of charge. Additional IP addresses can be provided with appropriate technical justification. All IP addresses remain the property of TOSHOST LTD and assignments of IP addresses to customers will be revoked when service is cancelled or suspended, if IP addresses are not being used, or if IP addresses are being used in a way inconsistent with ARIN or TOSHOST LTD acceptable justifications or policies.
Price Changes:
TOSHOST LTD reserves the right to change prices for services at the start of a customers next billing cycle for that service. Due to the historically declining prices of bandwidth and computer hardware, we anticipate that price increases generally will not be necessary. However, events outside of our control, such as prices charged to us for software licenses, power, space, or labor, or due to changes in regulations, taxes, fees, or other costs of doing business, are unpredictable in nature and may at some point require raising rates unexpectedly.
Refund:
All Dedicated Server payments to TOSHOST LTD are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 5 (5) days of the time the dispute occurred. If the Subscriber disputes a charge made to his/her/its credit card that, in the Company's sole discretion, is a valid charge under the provisions of the TOS and/or AUP, the Subscriber agrees to pay TOSHOST LTD an "Administrative Fee" of no less than two Hundred Dollars ($200). TOSHOST LTD may temporarily deny Services to the Subscriber by placing the Subscriber’s account into a suspended state or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such denial or termination will not relieve the Subscriber of his/her/its responsibility to pay all accrued charges.
Cancellation:
All requests to cancel dedicated server must be made from the Subscriber’s client portal. Fiftheen days (15) days’ notice must be provided to TOSHOST LTD for monthly Subscriber Terms and thirty (30) days’ notice must be provided for any Subscriber Term greater than one month in length. Upon the cancellation notice, TOSHOST LTD has the right to reclaim the server immediately. TOSHOST LTD reserves the right to terminate service at any time. If an account is cancelled due to non-payment, TOSHOST LTD reserves the right to delete contents without notice and re-provision the server.Client accounts inactive for 30 or more days may be required to create a new account in order to have future services rendered.
Content Policies:
The content and type of usage of the service is not regularly monitored for violation of these terms or of applicable law. In the course of performing other duties related to operating TOSHOST LTD, we may become aware of activities that are in violation of this agreement or applicable law. Upon noticing or being informed of these violations, we may take appropriate action, which, depending on the nature of the infraction, may include a warning, temporary or permanent service suspension, or, in cases of exploitation of children or other serious crimes, notification to the proper authorities. Even if we become aware of a specific violation, this does not obligate us to regularly monitor for future violations by the same customer or any other customer, as we do not have the resources nor the authority to regularly monitor customers in this way. We may, however, monitor the quantity of resources used, such as bandwidth, ram, cpu time, disk space, disk i/o and other statistical information, to ensure proper billing, capacity planning, and service reliability.
Adult content & Proxies:
All legal adult content is allowed, as per applicable law. Proxies which are not the cause of frequent or unresolved abuse issues are allowed. Customers who operate proxies which are subject to repeated and disproportionate levels of abuse may have their service suspended. TOSHOST LTD will not "rotate" or otherwise frequently change IP addresses on request for proxy operators.
Unauthorized or Pirated Software:
Use of, or distribution of "nulled" scripts, control panels, billing software, or use or distribution of other pirated or illegally modified software, is not allowed on TOSHOST LTD servers or on the TOSHOST LTD network.
Denial of Service Attacks:
In no case may TOSHOST's services be used to conduct an attack on other networks or hosts, in any capacity. Doing so may result in permanent service suspension without refund. If DoS attacks are made against a customer's services, our first priority is to take steps to mitigate the impact to other customers, which may include null routing the affected ip address(es), or otherwise suspending the service being attacked. In the case that an attack does not affect other customers or the TOSHOST LTD network, the service being attacked will normally not be taken offline or suspended. Customers who are the target of frequent or repeated denial of service attacks, if those attacks negatively impact the TOSHOST network or it's customers, may have the services affected by these attacks permanently suspended. TOSHOST LTD reserves the right to disallow the usage of internet services that are frequent targets of DoS attacks, such as IRC.
Phishing:
Running websites that attempt to steal a user's login information or other personal data (phishing sites) is strictly prohibited. Users who unknowingly host these sites must take them down immediately, and their service may be temporarily suspended until action is taken to rectify the situation. Users who repeatedly host phishing sites, risk having their service permanently suspended. Users who, as determined by TOSHOST LTD, intentionally host phishing sites using TOSHOST LTD services may have their service permanently suspended without refund, at our sole discretion.
Spam:
Sending of bulk unsolicited commercial email (spam), is not allowed and will not be tolerated. Customers using the TOSHOST LTD network may not send, or allow to be sent, via open relay or other means, unsolicited commercial email. Running a legitimate opt-in mailing list, or emailing existing customers, is of course, allowed. Although we may provide some opportunity to rectify spam problems that are not intentional on the part of the customer, ultimately, every customer is responsible for the activity that occurs via the services that they are paying for. Thus, customers who receive an occasional spam complaint but who do not appear to be knowingly sending spam, may be given notice to correct the issue, but repeated offenses may be grounds for service suspension. During any notice period given (if any), steps may be taken by TOSHOST LTD as necessary to stop spam from being sent by the customer's services, including temporarily suspending service, firewalling certain traffic, or other appropriate means. Customers who are, as determined by TOSHOST, knowingly sending spam may have their service permanently suspended without refund. Operating websites or services on the TOSHOST LTD network, that are being or have been advertised in spam, are also not allowed, and are subject to the same policies as applied to services used to send spam. If customer's improper actions or inactions are the cause of TOSHOST LTD ip space being listed in any spam blacklist or database, that customer may be permanently suspended without refund, at the sole discretion of TOSHOST LTD.
Torrents, TOR, Mining, IRC, Teamspeak, Minecraft, Starbound, Runescape and Chobots are not allowed.
Internet Abuse:
You may not engage in illegal, abusive, or irresponsible behavior, including: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to TOSHOST LTD and its customers) without express authorization of the owner of the system or network; monitoring data or traffic on any network or system without the authorization of the owner of the system or network; Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scamming (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning; Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or Any conduct that is likely to result in retaliation against the TOSHOST LTD.
Material Protected by Copyright:
You may not publish, distribute, or otherwise copy in any manner any software, art, or other work protected by copyright law unless: you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; you are otherwise permitted by established United States & United Kingdom copyright law to copy the work in that manner.
Disclaimer:
TOSHOST LTD is not responsible for any damages to any client’s business. TOSHOST LTD makes no warranties or guarantees of any kind, expressed or implied, for services provided. Use of TOSHOST LTD’s service is at the client’s sole risk. Under no circumstances will TOSHOST LTD be liable for any claims resulting from the use or inability to use TOSHOST LTD’s services including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to TOSHOST LTD servers, DNS caching, Internet bandwidth congestion, power failures, vandalism, or natural disasters.
Last Update: 26 June 2020
