This HOSTING SERVICE AGREEMENT ("Agreement") is made by and between 101domain GRS Limited, an Irish limited liability company ("101domain") and you and your heirs, agents, successors and assigns (collectively, "Customer"), and is made effective on the first day that our Hosting Services ("Hosting Services").
Your acceptance of the Master Services Agreement ("MSA") which incorporates this Agreement, and your subscription to the Hosting Services signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement along with all other applicable agreements and policies which are incorporated into the MSA by reference. This agreement sets forth the additional terms and conditions which govern your use the Hosting Services.
The terms "we", "us", or "our" shall refer to 101domain. The terms "you", "your", "user", or "customer" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Description of Hosting Services
Our Hosting Services provide personal and commercial shared web hosting which may include email services, Site Builders, one-click installation plug-ins for 3rd party applications, FTP, SSH, and DNS management services.
The Hosting Services generally allow you to do one or more of the following:
a. Configure multiple email accounts for use in connection with a registered domain name;
b. Manage email accounts via a control panel;
c. Manage domain names using a control panel including DNS records;
d. Configure email accounts to work with email clients such as Microsoft Outlook and mobile email clients such as iPhone®, iPad®, BlackBerry®, and Android®
e. Use site builders to create full featured websites;
f. Create FTP accounts;
g. Install a variety of 3rd party applications which may include Wordpress, Joomla, Drupal, Magento, and more.
The Hosting Services include both paid and free services. You acknowledge that the free Hosting Services may have reduced functionality or capability. You may upgrade to paid Hosting Services at any time.
2. Provision and Configuration of the Hosting Services
Once the Hosting Services are purchased on our website or by telephone ("Site"), a hosting account will be created by us and you will be given access to the hosting platform.
Once you receive access, you may setup and configure the Hosting Services.
3. Availability of the Hosting Services
Subject to the terms and conditions of this Agreement and each of our policies and procedures, we shall use commercially reasonable efforts to provide the Hosting Services on a twenty-four (24) hours a day, seven (7) day per week basis throughout the term of this Agreement. You acknowledge that from time to time, the Hosting Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunction, (ii) periodic maintenance or update procedures, or (iii) causes beyond our reasonable control including, but not limited to, Denial of Service attacks ("DDOS Attacks"), or black-listing caused by attempts at sending SPAM.
You acknowledge that each Hosting Services plan has limits ("Plan Limits") that you agree to adhere to. Failure to adhere to the Plan Limits may result in immediate suspension or termination of the Hosting Services without further notice. We reserve the right to suspend or terminate the Hosting Services at any time for failure to adhere to the Plan Limits or terms of this Agreement.
4. 99.9% Uptime Guarantee
We have a 99.9% hosting uptime guarantee. If we fail to maintain this guarantee, you may request from us an account credit equal to 10% of the total monthly hosting fee charged that month. The credit may be used for purchase of any future services offered by us.
The credit does not apply to interruptions in service caused by: (a) scheduled maintenance; (b) errors caused by you from scripting or coding issues, (c) the installment of unsupported software, (d) the installment of unsupported versions of 3rd party software, (e) interruptions that do not affect the website but only FTP or email services, and (f) interruptions caused by reasons beyond our control.
5. 101 Day Money Back Guarantee
If you're dissatisfied with the Hosting Services for any reason, you may request a refund for the last 101 days of Hosting Service fees. The refund will be credited to your account and used for purchase of any future services offered by us. If you request a refund under this guarantee, your Hosting Services will be cancelled and you will not be eligible to purchase additional Hosting Services from us or our affiliates for a period of 3 months from the date of the request.
6. Website Content
You acknowledge that you are solely responsible for providing, uploading, updating, designing, and maintaining your website and its contents including all files, pages, data, code, images, and all other material linked or transmitted through your website ("Content"). You are responsible for ensuring that all Content stored in your hosting account and FTP account comply with the laws of Ireland and the United States and all jurisdictions in which the website and its contents are accessible. You additionally ensure that your Content does not violate 3rd party trade or service marks, copyrights, patents, or other intellectual property rights.
The following content is strictly prohibited under this Agreement, specifically, but not meant to be an exhaustive list:
(i) Pornographic, obscene, or profane content;
(ii) Content advocating or aiding computer hacking, cracking, or other cyber crimes;
(iv) Illegal activities;
(v) Illegal drug paraphernalia or substances;
(vi) Hate, violence, racial or ethnic intolerance;
(vii) Illegal distribution of music, movies, videos, books, or software, or other intellectual property of others.
If your Hosting Services are found to be in violation of any part of this section, we reserve the right to immediately suspend and/or delete the Hosting Services, hosting accounts, FTP accounts, and content within.
7. SSL Certificates
The Hosting Services are provided in a shared hosting environment with an IP address shared with other customers. You may purchase an SSL certificate from us, our affiliates or a 3rd party to be used with your Hosting Services. The use of an SSL certificate requires a dedicated IP address that must be purchased from us. This monthly fee changes from time to time and is in addition to the posted fee for the Hosting Services. Please contact hosting support for further information.
We will secure your private SSL key on our hosting servers and will not release this key, except upon written request by you.
8. Your Obligations
You represent to us that:
(i) You will not resell the Hosting Services;
(ii) Your Content complies with the laws of Ireland and the United States, and all jurisdictions in which the website and its contents are accessible;
(iii) Your Content does not violate 3rd party trade or service marks, copyrights, patents or other intellectual property rights;
(iv) Your Hosting Services will not be used in conjunction with any illegal activities;
(v) Your use of the Hosting Services does not result in excess use of our resources or overloading of our DNS, server or network resources;
(vi) You will not use your Hosting Services as a source or destination of packet flooding, mail bombs, packet corruption, denial of service, or other illegal or abusive cyber activities;
(vii) You will not conduct server hacking or promote hacking, cracking or other cyber crimes or activities;
(viii) You will not deploy software or scripts to run on our servers that cause overload of resources or threaten the stability of the network;
(ix) You will not disseminate or transmit SPAM email in violation of our SPAM policy;
(x) You will not disseminate illegal, hateful, harmful, violent, racially or ethnically intolerant, abusive, obscene, pornographic, defamatory, harassing, malicious, protected material or content that otherwise violates the intellectual property rights of others;
(xi) You will not run recursive DNS services under this Agreement.
We follow strict security protocols for the protection and security of the Hosting Services. However, you are entirely responsible for your Content or damage to your Content and Hosting Services. It is your responsibility to maintain secure passwords and change your passwords frequently to ensure security. You shall solely be responsible for (a) preventing loss or damage to your website, (b) maintaining independent backups of your Content, and (c) ensuring the confidentiality of your password(s) in connection with the Hosting Services.
We do not provide a PCI Compliant hosting environment and your Hosting Services shall not be used as such.
10. Third Party and One-Click Software
We provide one-click software installations for a variety of 3rd party software ("One-click Software") as part of the hosting platform and the Hosting Services. We do not provide technical support for use of the One-click Software, upgrades to new versions of the One-click Software, or training for use of the One-click Software. The One-click Software shall be used solely at your own risk and we take no responsibility for your use of the One-click Software under this Agreement.
We make no representations or warranties about any third-party software, and disclaim any liability or responsibility regarding their use in connection with our Hosting Services.
11. Limitation on Use of Resources
In order to maintain the integrity of the shared hosting environment, We reserve the right to suspend, limit, or reduce your consumption of system resources if the resources used exceed a normal share of processing, memory, or storage of the shared service for any amount of time. We will immediately notify you of actions taken and the resumption of normal use of the Hosting Services.
The service is intended to host standard websites and email services. As such, we may enforce a limit on the number of files (inode counts in excess of 50,000) and may ask you to remove files or suspend service to stay within the limits. You will be sent warnings when your usage approaches the limit and exceeds the limit to rectify the situation.
Additionally, excessive database tables or large database tables will negatively affect the performance of the servers. We may request you to limit or reduce the use of these resources to maintain the integrity and performance of the system.
12. 3rd Party Email Clients and Software
The Hosting Services are compatible with third-party software clients such as Microsoft Outlook or mobile clients such as iPhone®, iPad®, BlackBerry®, and Android®
We make no representations or warranties about any third-party software, and disclaim any liability or responsibility regarding their use in connection with our Hosting Services.
13. Spam and Virus Protection
Our Hosting Services include spam and virus protection scanning services for both incoming and outgoing email messages and attachments. All email sent to or from your email addresses will automatically be scanned to assist in preventing spam and/or viruses from being transmitted to or from your email accounts, email clients, and/or computer systems. You may be able to disable this protection from within your control panel but it is not recommended and you acknowledge that we are not responsible for any adverse effects caused by the disablement of this feature. You acknowledge and agree that our spam and virus protection scanning services are not guaranteed to be 100% effective or error-free. As such, the scanning services may delete email messages or prohibit the transmission to or from your email accounts that you otherwise wish to send or receive. It may also allow the transmission of spam or viruses to or from your email accounts, email clients, and/or computer systems. You acknowledge and agree that we shall assume no liability to you or any third party with respect to our spam and virus scanning services, your failure to send and/or receive email messages and/or attachments, or the transmission of spam and/or viruses to or from your email accounts, email clients, and/or computer systems.
We do not provide website virus or malware scanning services for your Content or website. You may purchase 3rd party malware scanning services from us that may be configured with your Hosting Services.
We make no representations or warranties about 3rd party scanning services, their effectiveness, or any suspension of access due to blocking of your website or Content by search engines.
14. Backup, Storage and Data Retention
Our Hosting Services are not an archive or backup service. You are solely responsible for maintaining independent backups of your email messages at all times. You acknowledge and agree that we shall assume no liability to you or any third party for any loss, damage, or destruction of your website, Content, email messages, distribution lists, or other content stored in connection with the Hosting Services.
15. Plan Limits
You acknowledge that the Hosting Services may be offered with different plan limits. The plan limits will be presented on the Site, and may relate to, including but not limited to: (i) storage limits; (ii) database limits; (iii) domain name configuration limits; (iv) support limits; (v) the amount of mail to be sent or received; (vi) the size of the mail to be sent or received; (vii) the size of mailboxes configured; (vii) the number of mailboxes configured; (ix) the number of domain names to be used for the Hosting Services; and, (x) the number of contacts allowed per address or distribution list.
Additionally, you acknowledge that each Hosting Services plan has pre-defined controls and restrictions that control the maximum amount of email messages you can send and receive and how that mail is sent. These controls and restrictions are put in place to maintain the integrity and performance of the Hosting Services.
The following maximum controls and restrictions are in place. Specific settings can be found on the Hosting Services page at all times on the Site. We reserve the right to modify these controls from time to time as it feels is necessary to maintain the integrity and performance of the Hosting Services.
Incoming Message Limitations
There are (2) types of incoming message limitations:
1. Maximum 20MB message size. Incoming message over 20MB will be bounced.
2. The amount of disk space allocated to each mailbox. If your mailbox fills up, incoming messages will be bounced. It is your responsibility to review and understand your user and account settings for limiting total disk usage and warning message notifications to prevent this from occurring.
Outgoing Message Limitations
In order to prevent SPAM and the abuse of the SMTP outgoing mail service, the following outgoing message limitations are in place:
1. SMTP Relay quotas per-mailbox. 100 recipients per hour; 500 recipients per day
When you exceed this threshold, you will be denied the ability to send email until the following hour OR day, depending on which threshold you have exceeded. You will receive a connection error message when attempting to send that will say "Daily delivery limit exceeded" or "Hourly delivery limit exceeded".
2. SMTP Relay quotas per-domain. 5,000 emails per week.
When you exceed this threshold, all email messages sent from any email account configured with the Hosting Services will be denied the ability to send email until the following week. If the threshold is exceeded, users attempting to send email will receive a connection error stating "Weekly delivery limit exceeded".
3. SMTP Relays though the use of web forms. 100 recipients per hour; 1,500 per day.
If a domain name using any web-based forms exceeds either of these thresholds, additional messages sent will simply be discarded until the following hour OR day, depending on the threshold exceeded. The Plesk administrator for the Hosting Services will receive a courtesy email notifying them that the threshold has been exceeded.
16. SPAM Policy
You must comply with the EU Privacy and Electronic Communications Directive and all relevant regulations and legislation on bulk and commercial email. Please consult with appropriate legal counsel if you have any questions on your compliance. If in our sole discretion, we determine that you are in breach of the Directive or any relevant regulations and legislation, we reserve the right to suspend, disable or terminate the Email Services without notice to you.
17. Account Suspension
We reserve the right to suspend, disable, or otherwise terminate your access to the Hosting Services, or take any other measures deemed to be appropriate, at any time and without prior notice, to enforce this Agreement or to ensure the integrity and performance of the Hosting Services.
You must substantially address all spam-related and Content violation inquiries from our personnel within 72 hours. Failure to respond within this time may result in the immediate suspension, disablement, or termination of your Hosting Services.
You acknowledge that you will, in no case whatsoever, be entitled to an account credit or refund for the Services, or any portion of the Services, for any violations to any terms in this Agreement.
18. Term and Termination
This Agreement shall commence on the first day that Hosting Services are ordered and shall remain in force continuously and uninterrupted so long as the Hosting Services are active. This Agreement shall renew upon payment of renewal by you.
All Hosting Services under this Agreement are provided on a pre-paid or advanced basis.
You acknowledge that you will, in no case whatsoever, be entitled to an account credit or refund for the Hosting Services, or any portion of the Hosting Services, for any violations to any terms in this Agreement.
You may terminate this Agreement at any time without written notice. Upon termination, we shall terminate access to the Hosting Services and any data provided in connection with the Hosting Services immediately.
© 101domain GRS Limited. All Rights Reserved.
Last Updated 16 Jun 2016 00:00 UTC
Revisions: update to 101domain GRS Limited and jurisdiction to Ireland, update specific references to 101domain, Recitals, Section 16 (SPAM policy), remove specific referencs to Plesk, remove sections provided for and incorporated into Master Services Agreement, other minor updates and capitalization throughout.