Terms Of Service
Users and customers of Services provided by TOS HOST must accept the terms and conditions of business set out below.
If your service drops below 99.9 uptime in any given month you will be credited with one free month. This must be claimed within 7 days of our monitoring dropping below this level.
Any planned maintenance work is except from this guarantee and will be ignored.
Uptime level is calculated by our status page and monitors only.
Grounds for Suspension and Termination
You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for TOS HOST to suspend or terminate your account. You agree that TOS HOST has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following
* Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
* Hosting websites dedicated to pornography. Legal adult content is allowed however it cannot be the main focus of your website.
* Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of £30 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
* Using your hosting as a file or image hosting service.
* Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
* Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are excempt from this.
* Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
* Uploading, linking to or storing warez, cracks or other pirated software.
* Assisting in or directly distributing copyrighted material.
* Excessively using the Service in such a way as to limit the bandwidth available to others.
* Providing fake or incomplete contact details, including name, postal address and telephone number.
* Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
* Using the Service for unauthorised relays through any third party systems.
* Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
* Performing a charge-back on any transactions past or present will result in account suspension until resolved. If a charge-back is issued we reserve the right to remove your account any deny any future business.
* Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
* Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
* Attempting to cancel, supersede, or otherwise interfere with email other than your own.
* Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
* Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
* Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
* No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, TOS HOST may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
* Security – You agree not to access or attempt to access private areas of the Service. You agree to notify TOS HOST as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
* Intellectual Property – TOS HOST does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to email@example.com.
* Continuing a specific identification of the allegedly infringing material and the location(s) on TOS HOST facilities where the materials are to be found. Upon receipt of such written notice, TOS HOST will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If TOS HOST receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, TOS HOST will send you a copy of that notification. Unless you notify TOS HOST of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
* Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied byTOS HOST, neither TOS HOST nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service.TOS HOST neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that TOS HOST is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on TOS HOST equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless TOS HOST and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
* You agree that, should you use the Service to send or receive voice communications, TOS HOST is not acting as a telecommunications carrier or telephone , that there is no representation made by TOS HOST as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that TOS HOST has no liability of any sort for the failure or lack of quality of such use of the Service.
* You agree to be liable for any damages or loss of service which results in damages to TOS HOST as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that TOS HOST may pursue any such claims against you in Court.
* You agree that in no event will TOS HOST have financial liability to you.
User may not:
- * Use 10% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- * Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
- * Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- * Run any software that interfaces with an IRC (Internet Relay Chat) network.
- * Run any bit torrent application, tracker, or client.
- * Participate in any file-sharing/peer-to-peer activities
- * Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
- * Run cron entries with intervals of less than 15 minutes
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on toshost.com, and the right to increase the amount of resources given to plans at any time.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overage. Unused transfer in one month cannot be carried over to the next month.
Delivery of Services
Immediately upon successful payment you will receive an automated receipt from our systems. Please print an retain a copy of this and retain in a safe place for future reference.
Your unique customer username will be on this receipt and should be used for an enquires to TOS HOST.
Please note that we aim to deliver all goods as soon as signup is complete. If we will be unable to adhere to this you will be informed via email or telephone or both. Payment will be deducted when services are delivered.
All orders are delivered electronically via email, If you have any questions about your order please contact us at firstname.lastname@example.org
Our trading hours are 365 Days a Year, 24/7. Normally we will respond within 1 hours of receiving your enquiry.
The services available on this site are subject to both export and or import restrictions. Please check regulations in the country you are in to see if these products are allowed for import into your country.
We will not add charges to customers using either VISA or Mastercard card schemes. The final price will be the same regardless of payment method
Backup Services & Backups
We Provide Backup in our all shared hosting server. You may create your own backup of your account from your control panel however these may only be stored for up to 7 days.
Our backup services are provided as a courtesy and should not be solely relied upon. TOSHOST is not responsible for data loss. In the event of data loss, clients are responsible for manually taking and maintaining their own backups.
Our transfers team will make every effort to help you move your site to us.We can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
Account transfers, provided as a courtesy, are absolutely free of charge as long as a cPanel backup is provided to us. For other control panels such as DirectAdmin, Webmin, and Plesk, a one time fee may be charged based on the complexity of the transfer.
The free transfer services are available for 15 days from your sign up date. Transfers outside of the 15 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
Resellers may use their website for personal use or to sell to their own clients. Resellers cannot host free accounts under any circumstances.
We will transfer up to 20 accounts free of charge. Each account thereafter is charged at $1 each.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
Cancellation requests must be submitted through the client area. To do this, click the icon next to the package you wish to cancel then press ‘Request Cancellation’. You must then complete and submit the form.
Choosing an immediate cancellation means your service will be terminated with 24 hours of submitting the form.
It is your responsibility to ensure any paypal subscriptions you have setup are cancelled
No other forms of cancellation are accepted.
Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.
TOSHOST shall not be responsible for any damages your business may suffer. TOSHOST makes no warranties of any kind, expressed or implied for services we provide. TOSHOST disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by TOSHOST and its employees.
* Warranty – TOS HOST MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD TOS HOST ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY TOS HOST OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
* THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY TOS HOST ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; TOS HOST DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. TOS HOST DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
This TOS only for our shared and reseller host.