Service Agreement Contract

By using any portion of HostSpacer service, you are agreeing to this service agreement on this document entirely. HostSpacer reserves the right to modify this policy at any time, without any information to its users, effective immediately upon posting of the modification to this URL: http://www.hostspacer.com/terms.html.

1. Use of services

1.1 Excessive CPU, Bandwidth or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.

1.2 Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by HostSpacer at will] will be re-prioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. HostSpacer reserves the right to terminate any process which it deems to be using excessive resource usage.

1.3 Background processes - background process [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from HostSpacer is server abuse.

1.4 Pornography - HostSpacer prohibits the storage and transmission (inbound and outbound) of pornography with the exception of soft-core erotic art. Written permission must be obtained before any pornographic material is stored and/or transmitted through HostSpacer servers.

1.5 Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.

1.6 Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and HostSpacer reserves the right of interpretation as to what constitutes abusive practices. In short - if you are unsure that your actions may be perceived as an abuse of service, contact HostSpacer directly to check with us before proceeding.

1.7 Email abuse - Unsolicited Commercial Email ['Spam'] is implicitly forbidden. This is considered server abuse and is grounds for immediate termination.

1.8 Selling for free - HostSpacer prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, web-space and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based).

1.9 Proxy websites and such are prohibited.

1.10 HostSpacer will not tolerate misuse of space, the space allocated is for website only. It can not be used for storing files or software not linked to website.

1.11 We do not allow hosting of mp3 files and video files.

1.12 File hosting sites or sites designed primarily for download contents are not allowed in our web-space

1.13 Bandwidth allocated is only for website hosted on our server, Using bandwidth for other websites by hot-linking is not allowed.

1.14 Webmail can be used only for temporary storage of emails, we recommend our customer to use pop3 to download emails to their own PC. Storing email in webmail is not allowed.

1.15 We do not allow hosting of adult sites on our servers.

2. Payment and Bills

2.1 All accounts are set-up on a pre-pay basis only

2.2 HostSpacer will suspend your account if outstanding bills have not been paid in within 5 days. HostSpacer reserves the right to suspend the account

2.3 HostSpacer reserves the right to impose a re-activation fee for accounts that have been suspended.

2.4 All payments to HostSpacer are non refundable. Unless agreed otherwise.

3. Backups

3.1 We strongly encourage all of our customers to do their own backups on their home computers or CD to ensure you have ready access to your data in the event, we should have a hardware failure. Although we regularly take backups of our server and we do not expect anything like this to occur, we want you to be prepared in the event that it does. Please kindly take backups of your all files.

3.2 Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, HostSpacer DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.

3.3 Customers are responsible for maintaining their own backups on their own personal computers or other computers.

3.4 HostSpacer does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that HostSpacer backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of HostSpacer.

4. Resource Usage

4.1 User May not do:

• Use 20% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
• 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 type of web spider on shared servers.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
• Run cron entries with intervals of less than 15 minutes
• Use daily average system resources (CPU, RAM, MySQL) more than 1% (Except bronze plan and Cloud hosting) If any site do not follow above resource usage policies, HostSpacer will have right to suspend the service.
• Use daily average system resources (CPU, RAM, MySQL) more than 0.5% in linux bronze plan.
• Use daily average system resources (CPU, RAM, MySQL) more than 10% in cloud hosting plans.

5. Fair Usage Policy

If you subscribe to a Product that does not have any usage caps or limits, this Fair Usage Policy ("FUP") will apply to your account and all associated services provided with your hosting package.

A Fair Usage Policy is necessary to ensure our hosting services are used fairly and our services operate reliably for all customers. Resources provided on all our hosting services including but not limited to Reseller Accounts, Web Hosting Accounts, Virtual Private Servers and Dedicated Servers are all governed by this Fair Usage Policy.

Our aim is to provide a fair hosting service to all our customers. Therefore, we think to impose an actual figure on what we consider to be "excessive" use is not necessarily helpful and may penalise users unfairly. What is deemed excessive will be determined by a number of factors including (but not limited to) the length of time which your excessive usage continues for, as well as the amount of resources being used.

If, in our reasonable opinion, you have breached this FUP, we will contact you by email to let you know that that your usage is excessive and is affecting HostSpacer services/systems and/or other users. We reserve the right to impose reasonable limits to reduce your usage and/or pair you with other users utilising the same or nearly the same amount of usage

Resources such as MySQL databases, subdomains, POP3 mail accounts, SMTP mail accounts, FTP accounts should not be used and created in such a way that can potentially have adverse effects on the normal optimal operation of our services.

Hosting accounts created should not exceed limits which if in good faith HostSpacer believes will have adverse effects on the normal optimal operation of our services.

HostSpacer reserve the right to terminate the hosting contract and refuse to renew the service if it consider client usage of resources are violating fair usage policy of HostSpacer.

6. Shipping Policy

At present HostSpacer sells virtual products only. So, shipping policy is not applicable. Later if we require, we will mention details of our shipping methods and its charges with terms and conditions.