HostPhyton.com (also referred to as ‘the Company’, in the proceeding text) has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing HostPhyton.com services. This AUP will be revised from time to time. A customer’s use of HostPhyton.com services after changes to the AUP are posted on HostPhyton.com website, https://HostPhyton.com will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes. HostPhyton.com reserves the right to amend, change, or modify Terms of Service without notifying the customers. Any modifications to the ‘Terms of Services’ Agreement as displayed on our site will take immediate effect.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward HostPhyton.com, but also because it can overload HostPhyton.com network and disrupt service to HostPhyton.com subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, HostPhyton.com has the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list. We reserve the right to terminate any account engaged in spam while operating an open SMTP relay. Spamming violations that result in a blacklisting of an IP address, will be assessed a 150 GBP clean-up fee.
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. HostPhyton.com is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also HostPhyton.com policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials
Using HostPhyton.com networks to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material deemed illegal by courts of European law. HostPhyton.com is required by law to notify law enforcement agencies in the event of child pornography on or being transmitted through HostPhyton.com network. We will notify the authorities and provide them with your complete contact information as well as all logs required to successfully prosecute child pornography cases, including your home IP numbers, logs of all activities, payment details, and any/all information we have on file.
Defamatory or Abusive Language
You are expected to conduct yourself in a professional manner while dealing with our support staff, just as we are expected to treat you with respect and professionalism. Using our helpdesk as a means to transmit or post defamatory, harassing, abusive, or threatening language towards our staff shall result in suspension and subsequent termination of services.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message shall result in suspension and subsequent termination of services. Should we detect you using our servers to SPAM, we reserve the right to suspend your account.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment. Such activities shall result in suspension and repeated offences will result in subsequent termination of services.
Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software. Such activities shall result in suspension and subsequent termination of services.
HostPhyton.com will absolutely not be held accountable for information stored on HostPhyton.com servers. The customer is 100% responsible for all data stored under his account/control. Proof positive of a customer’s access & knowledge of data stored on said servers includes FTP logs, login logs, and payment/signup confirmations. We record and store IP’s used to access our systems, and will forward said information to law enforcement if request follows due process of law.
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. Downloading pirated software using P2P applications shall result in immediate termination of services. You are not permitted to use HostPhyton.com networks and servers, to pirate software illegally. Software piracy is a crime, and we will forward details of violators to authorities upon discovery. We regularly scan our servers for pirated software i.e. ‘warez’.
Engaging in activities, whether lawful or unlawful, that HostPhyton.com determines to be harmful to its subscribers, operations, and reputation, goodwill, or customer relations is not permitted and will be met with the suspension of one’s account. HostPhyton.com subscribers are not permitted to cause disruption to other users by way of inbound DDOS/DOS attacks. Subscribers who are attacked by DDOS/DOS shall be null routed to prevent damage to our network and other users and overage charges may be levied if resource threshold has been passed. We do not provide DDOS/DOS friendly hosting and do not provide heaven to sites which are considered ‘DDOS magnets’.
Bandwidth & Throughput
HostPhyton.com products may have limitations on both the bandwidth and/or throughput you may use. These limitations are generally set out on your Order Form, i.e. “Monthly Bandwidth”. Going above such limitations falls under this clause and is subject to a fee. While leasing services, you may not use the services in a way that jeopardizes our ability to provide services to our customers or alters in any way the stability of our network. Should we determine that you have used our services in such manner, we reserve the right to limit your services without preliminary notice to minimize these effects.
Following our limitation of this use, we will notify you in writing of steps you may take to mitigate these effects. All breach of limitations will carry a fee. This fee is determined to calculate your usage and damages caused. The fees are available at your request from our administration department.
If you do not accept these steps, we reserve the right to impose permanent limitations on your use of the services & carry out legal actions. To clarify, bandwidth is the amount data transferred to and from your service. Every time someone visits your site, they are downloading the home page and use that much bandwidth. Every time someone downloads i.e. 500KB from your account, they are using 500KB of bandwidth from your account.
Hosted Terms Of Service
HostPhyton.com (also referred to as ‘the Company’, in the proceeding text) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of HostPhyton.com. Service constitutes acceptance and agreement to HostPhyton.com. AUP.
Dependent on subscribers’ fulfilment of fee obligations for their subscribed services, HostPhyton.com will provide Hosting Services and Support Services subject to the standards outlined in this agreement.
Hosted must use reasonable security precautions during use of their services. This includes but is not limited to, proper updating and security patching of web applications installed and running within our data centre; comply with HostPhyton.com Acceptable Usage Policy; cooperate with HostPhyton.com staff in case of required investigation of security service outage, due to security breaches within your hosting; ensure that billing and other account information remains up to date; pay service fees before due date specified on invoice.
You are responsible for any activity or actions performed through this provided account, subject to the terms of services outlined on this page. By subscribing to our services, you are agreeing that the services rendered are solely for your use and not any third party. HostPhyton.com holds no discrimination towards any groups, whether it be nationality, gender, or age. You are however responsible to ensure that the rules and regulations applied by these terms and conditions comply with your local the two conflict laws, in the case,
Account Information Integrity
To use HostPhyton.com services, you are required to provide the full and valid account information as requested in the signup process. Should there be any changes during the subscription period in respect to your account and/or company information, you are responsible to make the required adjustments in the ‘Client Area’ portal. As a client of HostPhyton.com, you are required to provide only accurate information regarding your identity. In the case of suspected false representation, HostPhyton.com reserves the right to request proof of identity prior to delivering services in the form of legal documentation i.e. Scanned ID, Passport, and/or Credit Card used in the purchase to ensure the safety of the existing client base and infrastructure of HostPhyton.com. Failure to provide legal documentation upon request within 48 hours will result in the cancellation of the Account.
HostPhyton.com also is aware that many of its subscribers are, themselves, providers of Internet services and that information reaching HostPhyton.com facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. HostPhyton.com does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. HostPhyton.com has the right to directly take action against a customer of a subscriber. Also, HostPhyton.com may take action against our subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, HostPhyton.com anticipates that subscribers who offer Internet services will cooperate with us in any corrective or preventive action that HostPhyton.com deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of HostPhyton.com policy.
Refusal of Service
HostPhyton.com holds the right to restrict the use of services. We reserve the right to refuse service to anyone at any time for any reason.
Acceptable Usage Policy (AUP)
HostPhyton.com has developed an Acceptable Use Policy (“AUP”), which is hereby incorporated by reference in this agreement, supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing HostPhyton.com services. This AUP will be revised from time to time. A customer’s use of HostPhyton.com services after changes to the AUP are posted on HostPhyton.com website, will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes. In the event of a dispute between HostPhyton.com and Customer regarding the interpretation of the AUP, HostPhyton.com commercially reasonable interpretation of the AUP shall govern.
All IP addresses which are assigned to a subscriber must be justified per RIPE Guidelines. If it is determined that IP addresses which have been assigned to a subscriber are not being used in accordance with these guidelines, they may be revoked. Purchase of additional IP addresses, is possible, only with an explicit justification of the reason IP address is required. We reserve the right to deny requests for IP addresses, under our sole discretion.
Subscriber agrees to maintain a current copy of all content hosted by HostPhyton.com notwithstanding any agreement by HostPhyton.com to provide backup services. HostPhyton.com is not responsible for the completeness, integrity, or freshness of your account(s) backup. We recommend you have your own backup system in place as a secondary measure of precaution.
Access to Equipment
HostPhyton.com is the sole owner of the equipment used by the subscriber. The subscriber has no rights on the equipment used, and physical access to equipment, and datacentre, by the customer is strictly prohibited.
Harassment and Abuse
Subscriber agrees to engage HostPhyton.com staff in a professional manner. This includes all communication mediums, such as email, helpdesk tickets, live chat, and telephone communication. HostPhyton.com does not tolerate abuse of any kind towards its employees. This includes all verbal harassment, yelling, swearing, rudeness, threats to sue, threats to publicly post, threats to initiate the chargeback, and any intentionally disruptive behaviour directed at HostPhyton.com staff. Any abuse will be construed as a violation of this Terms of Service agreement, and a single warning will be issued in case of violation. If abusive communication continues after the aforementioned single warning, we reserve the right to suspend or terminate your account without refund.
Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all HostPhyton.com customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. HostPhyton.com reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason.
Subscriber agrees that payments for services incurred at HostPhyton.com shall be paid by valid payment method. Payment methods accepted by HostPhyton.com include Credit Card (MasterCard and Visa), PayPal, and Wire Transfer. Payments via any other payment method beyond the aforementioned, will not be accepted. Subscribers’ first payment for ordered services, upon subscribing for the first time, will only be accepted upon completion of a security check to protect against fraudulent orders. Subscriber agrees that HostPhyton.com is authorised to proactively charge any subsequent renewals, monthly, annual, or other, using payment method on file.
14 Day Money Back Guarantee
All new HostPhyton.com subscribers are eligible for a 14-day money back guarantee on Shared Hosting, Reseller Hosting, and Cloud Servers. For all other products without exception, there are strictly no refunds. This includes, but is not limited to, domain registrations, SSL certificates, 3rd party software licensing, managed support plans, Dedicated Servers, Custom Cloud products. The definition of a new customer is one who has never purchased services from HostPhyton.com in the past. Money Back Guarantee is applicable only for single purchases. If subscriber purchases a 2nd, 3rd, etc. hosting package and wishes to cancel the first hosting package, they are not eligible for a refund. If the TOS/AUP agreed upon when ordering is violated in any way, this retracts eligibility for the 14 Day Money Back Guarantee. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to one (1) week to process. Wire Transfers are not refundable any circumstances (including during the money back guarantee period, if one applies), and refunds will be posted solely as a credit to the hosting account for current or future Services. It is up to our sole discretion to reserve the right to deny any refund request if we feel abuse of services has occurred in any way.