Last edited on: 03 August 2023
You are responsible for all actions taken through your account, whether by you or others. In the event of a server security breach, the account holder is accountable for any violations of the Terms of Service (TOS) and Acceptable Use Policy (AUP). The following document outlines our Acceptable Use Policy (AUP) and Legal Agreement, providing information regarding the use of HOSTCAY infrastructure. The infrastructure includes but is not limited to bandwidth, transport, servers, switches, IP addresses, and any other equipment used to transmit, receive, or handle data. This document explains both acceptable and unacceptable use of our services, and it is essential for all HOSTCAY users to read and fully comprehend its contents. We reserve the explicit right to enforce this document and may update, modify, or amend it as needed. We also retain the right to take appropriate actions based on our assessment of conduct at any given time.
SERVICE PROVIDER
1. DEFINITION
“WE”/”US”/”OUR”/”HOSTCAY.COM” means HOSTCAY and/or any of its parents, subsidiaries and/or affiliates involved in providing the Services.
“YOU”/”YOUR”/”YOURSELF”/”USER” means the user of the Website and/or customer of the Services.
“End Users” means any individual or entity that directly or indirectly through another user (a) accesses or uses Your Services Content, or (b) otherwise accesses or uses the Services under your account.
“Services” means any services offered by HOSTCAY, on its Website including but not limited to hosting services, management and infrastructure management.
“Services Content” means source code, files, software, processes, interfaces, data, text, settings, media, or other information for storage, hosting, or processing by the Services.
2. USER PRIVACY
At HOSTCAY, we prioritize your privacy and ensure that any information collected from you is stored securely and treated with the utmost confidentiality. We guarantee that the information you provide to us will never be sold, reused, rented, loaned, distributed, or disclosed to any third party without your explicit consent. Rest assured that any data you supply to HOSTCAY will be handled with care and used only in ways that you have agreed to. We may utilize this information to stay in contact with you and keep you informed about developments related to our business. Please ensure that you provide accurate information so that we can effectively reach you for news, alerts, invoices, and other communications pertaining to your services.
We gather information through automated means, including communication profiles and cookies, and may collect various details depending on the nature of your service, support, or sales inquiry. This may encompass your name, address, telephone number, fax number, email address, dates and types of services provided, payment history, payment method details, payment amounts, payment dates, and domain name.
For transactions involving Credit Card or PayPal payments, financial information is neither stored nor handled by us. All sensitive data is transmitted through a secure server, indicated by a security icon in your browser when personal information is being transferred, as is the case with PayPal.
At HOSTCAY.com, we exclusively utilize automated methods for information collection related to marketing purposes on our website. However, other websites, such as https://my.hostcay.com/, do not engage in the collection of such data from your visits.
To enrich and perfect your online experience, HOSTCAY uses “Cookies”, similar technologies, and services provided by others to display personalized content, appropriate advertising, and store your preferences on your computer.
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. HOSTCAY uses cookies to help HOSTCAY identify and track visitors, their usage of https://hostcay.com and https://my.hostcay.com, and their website access preferences. HOSTCAY visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using HOSTCAY's websites, with the drawback that certain features of HOSTCAY websites may not function properly without the aid of cookies.
You can learn more about cookies by accessing: https://www.cookiesandyou.com/about-cookies/
By continuing to navigate our website, you hereby acknowledge and agree to HOSTCAY's use of cookies.
You have the right to access, correct, or delete your personal information. To exercise these rights or for any privacy-related inquiries, contact us at office[at]hostcay[dot]com.
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance via email: office[at]hostcay[dot]com
We are committed to complying with the General Data Protection Regulation (GDPR) and applicable data protection laws.
3. DMCA, COPYRIGHT, FREEDOM OF EXPRESSION & APPLICABLE LAW
It's crucial to note that the DMCA primarily pertains to the United States. While it establishes a structure for handling copyright infringement and provides a flexible approach for online service providers, our EU data centers comply with local copyright laws.
In the European Union, compliance with the EU Directive on Copyright in the Digital Single Market is crucial. Users and content creators must be aware of specific copyright laws applicable to their jurisdiction and hosted content, as regulations may vary.
Our commitment aligns with the principles enshrined in Article 10 of the European Convention on Human Rights, protecting the fundamental right to freedom of expression. It's vital to emphasize that HOSTCAY does not engage in the censorship of customer content. A clear distinction should be made between hosting freedom of speech and handling copyright material. Importantly, this clarification does not authorize the use of our services for activities prohibited under our terms of service.
We advocate for freedom of expression, endorse open-source software, prioritize privacy and anonymity, and support network neutrality. As a provider committed to free speech, we want to clarify that we do not offer bulletproof hosting and prohibit malicious activities. We only abstain from removing potentially offensive content to uphold our status as a free speech hosting provider.
For any matters regarding rights-related issues or concerns, feel free to contact office[@]hostcay[dot]com.
4. PROHIBITED CONTENT
We strive to maintain an open-minded approach, but as a customer, you must adhere to a few simple rules:
- Child Pornography
- Promotes illegal drugs, or substances that are legal, but are known to be abused
- Content involving animal exploitation, commonly referred to as zoophilia or animal porn.
- Threatening, Racial, or otherwise Abusive Content
- Fraud, MLM (Multi-Level Marketing), Pyramid schemes, or any other activities deemed to be fraudulent
- DDoS/Flood attacks
- Ransomware/Botnets/Virus/Malware/IRC or IRC Bots
- Spamming/Phishing/Scamming Websites
- Anything than can result in blacklist listings e.g. Spamhaus
- Network Abuse/IP Spoofing
- Violating Authors Rights
- Unauthorized Computer/Network Access and Surveillance
- Terrorist Websites
We allow legal 18+ adult and gambling content, as long as it meets local regulations. Any other content not listed above is deemed as Allowed and should follow the regulations of the country where the content is hosted.
If you use our service in a way that affects anyone’s health or safety, we reserve the right to suspend your service.
HOSTCAY is not liable for any legal issues arising from the data hosted by the customer on HOSTCAY servers. The legality and credibility of the data are the sole responsibility of the customer, and under no circumstances is HOSTCAY accountable for the nature of the data.
When Law Enforcement is asking about customer details with an official document, we will comply and assist them in their investigation. Law enforcement officials are able to initiate contact with us directly via email at office[at]hostcay[dot]com
5. CONTENT / NETWORK USE RESPONSIBILITY
The client holds complete responsibility for all content and activities hosted on our servers/network. We strongly advocate for anti-censorship principles and only intervene if content violates our Terms of Service (ToS). HOSTCAY accepts no liability for the use of domains registered through our services or for the content published on websites associated with these domains and hosted on our servers/network. If any unlawful activities are detected, please don't hesitate to contact us at office[at]hostcay[dot]com.
6. DOMAIN NAMES
Upon registering an account on our billing system, domain names are initially registered using your provided data. If your billing account lacks necessary information that may impede the registration process, your domain name will be registered using our company information by default. It is important to acknowledge that this defaults to HOSTCAY being registered as the owner of the domain name. However, HOSTCAY's role is that of a middleman, and actual ownership of the domain is not vested in HOSTCAY but in you, effective from the date of domain name registration.
To prevent potential issues related to incorrect WHOIS data, domain disputes, and complaints in the future, we recommend updating your domain details to reflect your own information at any time.
Additionally, you have the option to formally request the transfer of the domain name registration to yourself. This entails becoming the registered owner with the relevant registry operator. However, a precondition for this transfer is your written agreement to adhere to any agreements and terms to which HOSTCAY is bound as the current registrant of the domain name.
Domain Registration Compliance: HOSTCAY operates in full compliance with the legal requirements set forth by the relevant domain registries governing the registration of domains and our Terms Of Service (ToS).
You acknowledge and agree not to engage in activities prohibited by our Terms of Service using the domain name provided through the Services.
Limited Liability: Our liability is expressly confined to matters concerning domain registration exclusively. This liability does not extend to the content hosted on any domain that falls under our operational purview.
Domain Withdrawal or Locking: The withdrawal or locking of a domain registered with HOSTCAY can only transpire upon presentation of a valid court order, duly recognized and accepted by the appropriate legal authorities.
Content-Related Suspension: It is important to note, however, that we do not suspend domains based on their content when the content is not hosted on our servers. Suspension is only considered in situations where the content is hosted on our servers and contravenes our Acceptable Use Policy. Even in such scenarios, solely the hosting service acquired through HOSTCAY would be impacted by the suspension, leaving the domain name unaffected.
Reporting Illicit Content: Users who come across instances of illicit content are strongly encouraged to report these occurrences to the relevant hosting provider responsible for said content. Illicit content is typically hosted on servers provided by alternate hosting providers, which possess the necessary authority to address and undertake appropriate actions.
7. SPAM & UCE
HOSTCAY enforces a strict zero percent tolerance policy regarding Unsolicited Commercial Email (UCE) or SPAM over our network. This means that our customers cannot use our network for UCE transactions or host sites advertised by UCE from other networks. Violations of this policy will face severe penalties, including the termination of service. Upon receiving an alleged SPAM violation report, we will promptly investigate within 48 hours. During the investigation, customer access to the network may be restricted or suspended to prevent further violations. If a customer is found to be in violation of our SPAM policy, HOSTCAY reserves the right to take immediate action, including restricting, suspending, or terminating the customer's account without prior consent. Additionally, we may pursue civil remedies to cover the costs associated with investigating a substantiated policy violation.
8. ABOUT SECURITY
You are solely responsible for any misuse of your account, regardless of whether the inappropriate activity was carried out by a friend, family member, guest, or employee. It is essential for you to take precautions to prevent unauthorized access by others to your account. Furthermore, using your account to breach the security of another account or attempting unauthorized access to another network or server is strictly prohibited. Please ensure that you use your account responsibly and in accordance with our policies.
- Your password provides access to your account. It is your responsibility to keep your password secure; sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
- You may not attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks.
- You may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
- Users who violate systems or network security may incur criminal or civil liability.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
9. RESOURCES USAGE (SHARED HOSTING)
Shared / Reseller hosting users are prohibited from the following activities:
- Using 20% or more of system resources for longer than 120 seconds. This includes activities such as running CGI scripts, FTP, PHP, HTTP, etc.
- Running stand-alone, unattended server-side processes on the server.
- Running any bit torrent application, tracker, or client.
- Engaging in any file-sharing or peer-to-peer activities.
- Running cron entries with intervals of less than 10 minutes.
- Generating more than 300 http/Port80 hits per 30 seconds.
CPU and Memory Limit:
HOSTCAY employs Cloudlinux (LVE) to ensure fair distribution of resources among Linux Shared Hosting accounts. LVE, a kernel-level technology developed by the CloudLinux team, has roots in container-based virtualization and utilizes cgroups in its latest form. It operates transparently and with minimal overhead. The primary goal of LVE is to prevent any single website from overwhelming the web server by consuming all CPU, I/O, memory resources, or apache processes, leading to server downtime. LVE effectively safeguards against such scenarios. In case your website displays a 'Resource Limit Reached' error, it indicates that you have reached the allocated LVE limits for your package. The specific limits for each package can be found on the sales page.
10. DEDICATED SERVERS / VPS SERVERS
Unmanaged Dedicated Servers & VPS Servers are rented by customers from us and are solely managed by the customers themselves. We only provision the server to the customer's specifications, including CPU, RAM, disk, and network, and install the customer's chosen operating system (OS). Customers have the option to choose their preferred OS, but it's important to note that we may have preferred or recommended operating systems for optimal server performance. The provider tests specific OS versions to ensure compatibility with their servers. After OS installation, our support ends. Customers receive root user credentials, change the password on first login, and assume full responsibility for server management. This includes server configuration, software installation, updates, security, backup, and maintenance. In case of issues, customers are responsible for resolution.
IPs and Mail Servers - Spamhaus, Blacklists, and Usage: Our servers are primarily intended for website and application use, not for mail servers. Due to this, we cannot guarantee the cleanliness or suitability of our IPs for mail use. If an IP is listed on Spamhaus, manual removal may be necessary, as it could be flagged as a non-mail server. You are responsible for requesting delisting from Spamhaus after setting up essential protocols like DKIM, PTR, and MX records. However, even with proper setup, removal from blacklists isn't guaranteed and requires patience and effort. You must demonstrate to blacklist authorities that the server will only be used for personal email purposes, without any spamming activities. Please remember that by purchasing our service, you agreed to our service agreement.
We do not retain server login credentials in our system, placing the responsibility on the client to securely store this information. Servers are equipped with a pre-installed operating system and a control panel for VPS servers; Dedicated Servers, however, do not include a control panel. Clients can contact us for support regarding OS reinstallation or server reboot, selectable during the service order process.
It's crucial to note that Offshore Dedicated Servers/Offshore VPS servers are not backed up by us unless an additional backup service is ordered. Therefore, clients must manage backups independently or seek an appropriate solution. One convenient option is to purchase additional storage from us for backup purposes. This can be done after the initial order by visiting our Storage servers page. Alternatively, clients may explore similar solutions such as Google Drive, FTP Server, Dropbox, etc., or get in touch with us at office[@]hostcay[dot]com.11. WEBSITE MIGRATION, BACKUPS & DATA LOSS
By using HOSTCAY's services, you acknowledge and accept all associated risks. HOSTCAY is not liable for any data losses related to its services. We highly advise you to establish your own backup procedure and regularly test data restoration from your backup media to ensure the effectiveness of your backup files.
Our website migration service is extended as a courtesy, with our team dedicated to making the transition of your website to our platform as seamless as possible. While we commit to investing every effort into the process, we must clarify that we cannot guarantee the availability, feasibility, or precise timeframe for the account transfer. The complimentary migration service is specifically applicable to Shared web hosting plans within the initial 30 days of your sign-up date. Any migration requests beyond this 30-day period will be subject to a predefined charge, as outlined below:
Our migration services are limited to cPanel to cPanel and Direct Admin to Direct Admin transfers, aligning with the control panels utilized for provisioning our web hosting services. Notably, we do not facilitate VPS and dedicated server data migrations. For a comprehensive understanding, please review the migration requirements: Max Files Size (Max 5GB) & Max SQL Database Size (Max 2GB). Anything over these sizes will incurr additional fees, please open a support ticket.
Our Shared Hosting service includes a free automated backup system. Please note that the terms mentioned above also apply to this complimentary backup service.
In addition HOSTCAY will not support illegal activities and may not provide you with a backup if your hosting contains any of the materials found under the prohibited activities of the Acceptable Use Policy. Due to the nature of computer hardware, HOSTCAY is not liable for any data loss occurred.
12. SERVICE UPTIME
At HOSTCAY, we prioritize providing you with the utmost network uptime. In the rare event that we cannot meet the promised uptime, we take responsibility and will reimburse a portion of the money you spent on your services. We assure a minimum uptime guarantee of 99.9%.
HOSTCAY does not assume responsibility for any downtime associated with the services listed below, and we do not provide credits for any resulting downtime.
- Internal services such as MySQL, Apache, PHP, etc.
- DDoS / Flooding.
- Scheduled downtime or planned maintenance.
- Interruption of service due to unpaid invoices, abuse notifications, and violations of TOS.
- ISP or local connection problems.
- Customer-controlled downtime.
- Acts of Force Majeure.
HOSTCAY reserves the right to modify this SLA at its sole discretion. Any updates to the SLA will be posted on the website and will take effect seven days after their publication.
13. SUPPORT
Our customer service is offered through tickets submitted via our billing portal. These tickets are handled in the order they are received, and sending multiple responses or submissions will not expedite the response time. Please note that our support team is available only in English.
VPS/Dedicated services are initially unmanaged by default, unless specified otherwise. These services are intended for advanced Linux administrators and experienced webmasters. To effectively utilize the services, customers should be familiar with GNU Linux tools, operating systems, applications, and the necessary security measures to maintain system security. Regarding the Shared Hosting Service, we do not offer root administrative access. We take care of the administration and supervision of the operating system and web server applications. Instead, we provide a control panel (cPanel) for intuitive management.
We are not liable for any disruptions or issues resulting from your management of the Services through credit card prints and card readers. However, if the disruptions are related to hardware, infrastructure, network, or virtualization issues for which we are responsible, we will typically provide assistance upon request, either for a fee or any additional charges mutually agreed upon.
You can contact us for support regarding the following issues:
- Network-related issues;
- Server hardware issues;
- VPS control panel;
- OS templates and ISOs;
Abusive language of any kind is strictly prohibited through any communication channel connected to us, including our ticketing system, online forums, and chat rooms. Engaging in such behavior may lead to a warning and suspension of services access.
14. CANCELLATIONS & REFUNDS
HOSTCAY retains the right to terminate the account at any time, with or without prior notice.
Engaging in any form of staff abuse will lead to the suspension or termination of your services.
Customers have the option to cancel their services at any time by submitting a cancellation request through the client control panel, at least 7 days prior to the renewal date.
Please note that cancellations will not be accepted through support tickets or email. To initiate a cancellation, you must use the client area by navigating to your services and submitting a cancellation request.
HOSTCAY generally does not entertain refund requests, with the exception of Shared Hosting plans, which are eligible for a 15-Day Money Back Guarantee for new customers, excluding payments made via Bitcoin or cryptocurrencies. Refunds may also be considered within the initial 72 hours from the effective payment date if an error attributable to HOSTCAY or an inability to provide the requested service occurs. Non-refundable fees encompass processing fees, administrative fees, setup fees, management services, and any other associated charges. In instances where a refund is deemed applicable, an administration fee of 1% of the total refundable amount (with a minimum of 2.00 EUR) will be imposed. It is important to note that initiating a dispute or charge-back through our payment processors may result in immediate service suspension or termination. Additionally, breaching the terms of service nullifies any entitlement to a refund.
Refunds will not be issued for Dedicated Servers, Virtual Private Servers, SSL Certificates, VPNs, Administrative Fees, Installation Fees related to custom software, Domain Name acquisitions, transactions conducted through Bitcoin or any other Cryptocurrencies, "Add Credit" and non-refundable licensing fees such as those associated with cPanel, DirectAdmin, and similar licenses.
HOSTCAY has the right to refuse any refunds.
Refund requests from clients whose product/service is functioning properly or experiencing issues caused by the client's own fault will not be accepted.
Refunds are exclusively available to first-time purchasers. Individuals who have had a prior account with us, terminated it, and subsequently re-registered, or those who have opened a secondary account, are ineligible for a refund. Moreover, any breaches of the Terms of Service will render the refund policy null and void.
15. PAYMENTS, SUSPENSION, TERMINATION & DATA RETENTION
Invoices for all hosting services are generated 7 days before the due date, and our billing system sends multiple reminders for the due invoices. To ensure timely receipt of these emails, it is your responsibility to provide accurate contact information.
We offer a range of payment methods, including Credit Card, Paypal, Crypto Payments (BTC, LTC, XMR, DASH, DOGE, USDT), PerfectMoney, and Wire Transfer. For Paypal payments, we may request verification of the Paypal email address. To guarantee complete anonymity for buyer purchases, all crypto payments are converted to XMR (Monero).
Shared Hosting accounts will be suspended if the due date is not met, and the suspension will take place after 3 days. If the account remains suspended for 7 days, it will be automatically removed from our servers.
VPS Servers will be suspended if the due date is not met, and the suspension will occur after 3 days. If the server remains suspended for 7 days, the service will be terminated and removed.
Dedicated Servers will be suspended if the invoice is not paid by the due date. If the invoice remains unpaid for 3 days and we do not receive any update from your side, your server will be terminated. Once the server is terminated or recycled, all data will be lost.
In case of any delay in Invoice Payments, it is essential to provide timely updates to us to prevent any inconvenience.
Once the service has been terminated, there is no way to restore or retrieve the data hosted on it. Therefore, it is your responsibility to avoid any delays in monthly payments to prevent data loss.
16. RESELLERS/PARTNERS
Resellers are accountable for providing support to their clients. HOSTCAY does not offer support directly to our reseller's clients. If a reseller's client contacts us, we retain the right to temporarily suspend the client account until the reseller takes responsibility for their client. For security reasons, all support requests must be initiated by the reseller on behalf of their clients. Resellers are also responsible for all content stored or transmitted under their reseller account and for the actions of their clients. HOSTCAY will hold resellers accountable for any actions of their clients that violate the law or the terms of service and we will contact and work with the Reseller to resolve any abuse.
17. AFFILIATE PROGRAM
In accordance with the terms of the HOSTCAY Affiliate Program, affiliates are entitled to receive a commission of 20% for each order and renewal made, excluding transactions involving domain names and SSL certificates. This commission is applicable when orders are placed using the affiliate's custom tracking link, which employs a cookie to monitor and attribute visitors referred by the affiliate. Notably, the aforementioned cookie maintains its tracking capability for a duration of 2 years from the initial visit. As a result, affiliates are eligible to receive commissions for referrals, even if the referred parties do not immediately subscribe. Affiliates are required to adhere to a minimum withdrawal threshold of €10 EUR, with a maximum withdrawal limit of €100 per withdrawal. Withdrawals can be facilitated through PayPal, Bank Transfer, or Crypto. Should you have any inquiries or require further assistance, kindly reach out to us, or initiate the sign-up process.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless HOSTCAY, its officers, directors, employees, agents, and third-party service providers from any and all claims, demands, costs, expenses, losses, liabilities, and damages (including reasonable attorneys' fees) arising from: (i) your use of and access to this website or the services provided here; (ii) your violation of any provision of this agreement or the incorporated policies or agreements; and/or (iii) your violation of any third-party rights, including intellectual property or other proprietary rights. The indemnification obligations outlined in this section will remain in effect even after the termination or expiration of this agreement or your use of this website or its services.
19. FORCE MAJEURE
HOSTCAY shall not be held responsible for any damages your business may incur. We provide services without any warranties, expressed or implied. HOSTCAY disclaims any warranties of merchantability or fitness for a particular purpose. This includes any loss of data resulting from delays, non-deliveries, incorrect deliveries, or service interruptions caused by HOSTCAY and its employees. HOSTCAY retains the right to amend its policies at any time.
In addition, HOSTCAY disclaims responsibility for any claimed damages, including incidental or consequential damages, that may arise from the servers going offline or being unavailable for any reason. Moreover, HOSTCAY shall not be held responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from one of HOSTCAY's servers.
20. FAILURE TO COMPLY
Failure to adhere to any of the terms and conditions outlined in this Agreement may lead to a warning, suspension, or termination of your services. HOSTCAY retains the right to remove any account without prior notice. If HOSTCAY deactivates your account(s) due to policy violations, you will forfeit all fees paid. The following actions are grounds for termination of service:
- Violating the TOS
- Any attempts to discredit HOSTCAY and its services, including but not limited to threats, coercion of staff, or baseless legal threats.
- Using the services provided by HOSTCAY for any illegal activity.
- Using the services provided by HOSTCAY to store and distribute illegal or harmful material.
Users are accountable for the actions of all their users and any content they may create, modify, or control. The terms of this section apply to all content hosted under your account, even if it is not directly uploaded by you.
We retain the right to modify our policies at any time.
