Terms of Service
Unless otherwise specified, in this TOS, the AUP, the ZTSP and the PP, the usage of "us", "we", "our", and "ours" shall refer to SYSHosting, an online hosting provider. The usage of "you", "your", "they", and "them" shall refer to the Customer of SYSHosting.
Customer agrees that he or she shall comply with our TOS, AUP and ZTSP and that he or she has read SYSHosting's TOS, AUP, ZTSP and PP
Table of Contents
- Customer Information
- Account Setup and Email
- Zero Tolerance Spam Policy (ZTSP)
- Cancellations and Money Back Guarantee
- Resource Usage
- Bandwidth Usage
- Requests for Customer Information
- Uptime Guarantee
- Disclaimer of Warranties
- Limitation of Damages
- Force Majeure
- Disclosure to Law Enforcement
4. Customer Information
5. Account Setup and Email
For high risk transactions (As marked by our billing system), we may ask you to provide copy/scan of government issued identification, proof of address and possibly a scan of the credit card used for the purchase. We may also call you on your provided contact number. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Providing false contact information of any kind may result in the termination of your account.
Each hosting company has a different set of configurations, 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 transfer of data from your old host.
The free transfer services are available for forty five (45) days from your sign up date and are limited to twenty (20) of your accounts (or your clients) to SYSHosting. Transfers outside of the forty five (45) day period or more than twenty (20) accounts may require additional fees to be paid. Please contact our transfer department with specific details to receive a price quote.
All services provided by SYSHosting may only be used for lawful purposes. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate suspension of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Using a shared/reseller hosting account as a backup/storage device is not permitted, with the exception of cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared & Reseller Hosting include:
IRC Bots, Proxy Scripts, Pirated Software, Warez, RapidLeech, Audio/video streaming, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, lottery sites, rpg's, hate sites, hacker focused sites, sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums/Blogs that distribute or link to warez content are prohibited. Please read our AUP for a complete list of unacceptable material.
Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket (helpdesk) and will have a response within 24 hours.
If in doubt regarding the acceptability of your site or service, Please contact us at firstname.lastname@example.org and we will be happy to assist you.
Resellers: As a reseller, you are solely responsible for all accounts hosted under your main account account. It is your responsibility to periodically check your users/clients websites and make sure they are following our TOS and not breaking any law. If we found any of your hosted clients violating our TOS, we will suspend the site in question and will notify you so you may handle the situation. We will further monitor your activity; more than one infraction of this type may result in the immediate suspension of your account.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
8. Zero Tolerance Spam Policy (ZTSP)
We take a zero tolerance stance against sending of unsolicited commercial email (UCE), bulk emailing, and spam over our network. “Safe lists” and purchased lists will be treated as spam. Under no circumstances are you to solicit the sending of UCE or SPAM over our network or you will be subject to penalties and service termination.
Please read THIS for our generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, email, instant messaging, or Usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
SYSHosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. If your actions have caused any IP addresses of any of SYSHosting’s servers to be placed on any blacklists or any other email filtering software systems, a $50 charge will be added to your account. You may also be charged for additional admin time required to remove and protect our IP Space from any blacklist or email filtering system. This cost of the clean up fee is entirely at the discretion of SYSHosting.
Resellers: As our Resellers are ultimately responsible for the actions of their clients over the network, it is advisable that Reselelrs develop a similar, or stricter, policy for their clients.
Fees are payable in advance on the first day of each billing cycle. You agree that until and unless you notify SYSHosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of SYSHosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. SYSHosting provides a five (5) day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for five (5) days and not paid will result in account suspension until the account balance has been paid in full. You will also be charged a late fee of $10 in order to unsuspend the account. Any account that is overdue for 30 days and has not paid will be automatically terminated.
Invoices that have been paid more than once with multiple Paypal Subscriptions (or any other form of payment) can only be added as credit towards the account and can not be refunded. If you require assistance with this, please contact with our billing department.
- Fee Increases. The amount you pay for hosting will never increase from the date of purchase without prior notice. We reserve the right to change prices listed on SYSHosting.com and the right to increase the amount of resources given to plans at any time.
- Late Fees. Customer acknowledges that any invoice that is not paid within five (5) days will be subject to a $10.00 late fee.
- Refunds and Disputes. All payments to SYSHosting are non-refundable. This includes the one-time setup charge (if applicable) and subsequent charges or fees regardless of usage. All overcharges or billing disputes must be handled directly via the SYSHosting Billing Team within seven (7) days of the overcharge or dispute. Initiation of a formal complaint or chargeback for services from SYSHosting is a strict violation of this TOS.
Any price change will be effective on first day of a Renewal Term by giving notice to Customer of the new fees at least thirty (30) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
10. Cancellations and Money Back Guarantee
Customer is free to cancel their account at any time by filing a cancellation request within the SYSHosting Customer Portal. Similarly, SYSHosting reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.
Cancellations must be done in writing via the cancellation form provided in the client dashboard. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
(B) Money Back Guarantee
All new SYSHosting Customers are eligible for a thirty (30) day no hassle money back guarantee on all hosting packages. If you are not completely satisfied with our services within the first thirty (30) days of your service, you will be given a full refund of the contract amount. Requests for these refunds should be made through our Billing Department. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees, setup fees, dedicated IP, WHMCS licenses, or any fees for additional services that are purchased in the first thirty (30) days.
Under the money back guarantee, only new (first-time) accounts are eligible for a refund. A new customer is one who has never purchased a hosting package from SYSHosting in the past. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund. Also if a customer purchases a 2nd, 3rd, etc. hosting package and wishes to cancel this particular package they are not eligible for a refund. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account (That can be used in future):
- Bank Wire Transfers
- Western Union Payments
- Money orders
Free Domain Names and WHMCS License: If Customer registers any domain name as part of a "Free Domain Name" promotion with their web hosting plan, Customer's refund will be reduced by $14.95 per domain name. Customer will retain full ownership and control of any such domain.
If a customer avails our free WHCMS offer, Customer's refund will be reduced by $10.00.
Violations of the Terms of Service will waive the refund policy.
(A) Suspension of Service.
Customer agrees that SYSHosting may suspend services to Customer without notice and without liability if: (i) SYSHosting reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) SYSHosting reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay SYSHosting's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if SYSHosting fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by SYSHosting prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within five (5) days of a written notice from SYSHosting describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 4 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
12. Resource Usage
SYSHosting Customers may not initiate the following (below); if any customer does, SYSHosting may terminate/suspend the account with no refund. Depending on the situation there will/won't be warnings sent.
- (a) Use 25% or more of system CPU resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts,FTP, PHP, HTTP, etc.
- (b) Use of any kind of distributed computing software
- (c) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed (applies to shared/reseller hosting only).
- (d) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
- (e) Run any software that interfaces with an IRC (Internet Relay Chat) network.
- (f) Run any file sharing, bit torrent or other P2P network services, client or server software.
- (g) Run any gaming servers such as counter-strike, half-life, battlefield etc
- (h) Run any MySQL queries that take longer than 20 seconds. MySQL tables should be indexed appropriately.
- (i) Run cron entries with intervals of less than 10 minutes without prior written approval.
We allow our resellers to oversell their allotted bandwidth and space. That means, as a reseller you can host more accounts as long as your total disk space and bandwidth usage does not exceed allowed limits. However, we do not believe in unlimited hosting plans so we strictly forbid our resellers offering unlimited disk or space allocation. (Your account can get suspended for this)
By default, all of our resellers are hosted on same machines as our professional hosting account. That means they have same resource allocation/limits as our professional/premium clients. If any of your client account will exceed our resources limit, we will ask you to reduce the resource usage or upgrade it to our higher plan (such as semi-dedicated).
13. Bandwidth Usage
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 bandwidth overage. Unused transfer in one month cannot be carried over to the next month. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee and you are responsible to pay for any overage.
15. Requests for Customer Information
SYSHosting performs nightly (and/or weekly) backups of accounts as a courtesy service only. SYSHosting is not responsible for the completeness, integrity, or freshness of your account backup. We highly recommend you to have your own backup system in place. Our backups are intended for disaster recovery purposes only.
We will make every attempt and do our level best to maintain backups of your accounts, however, as with any data storage systems, backups can fail (and they do). We encourage you to perform your own backups. You can backup your website yourself via the cPanel Account Backup feature. If you need any assistance with this, please contact our support department.
17. Uptime Guarantee
If our shared/reseller server has a physical downtime that is not within the 99.9% uptime you may receive credit as per our SLA. Approval of the credit is at the discretion of SYSHosting dependant upon justification provided.
To claim your uptime credit, please open up a billing ticket at the end of the month with the dates, times and durations of the outage and we will investigate your claim.
Customer agrees to indemnify and hold harmless SYSHosting, SYSHosting's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
19. Disclaimer of Warranties
SYSHosting does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law SYSHosting disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, all services are provided on an "as is" basis.
20. Limitation of Damages
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of SYSHosting and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for one months of service.
Notices to SYSHosting under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on SYSHosting-Support-URL. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
22. Force Majeure
SYSHosting shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond SYSHosting’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
23. Disclosure to Law Enforcement
SYSHosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
- SYSHosting reserve the right to refuse service to anyone at any time for any reason.
- The Company is not responsible for data integrity on equipment reclaimed for non-payment.
- Anything not explicitly stated in this TOS is subject to interpretation at SYSHosting's sole and absolute discretion.
- You,as SYSHosting's client, are solely responsible for the content stored on and served by your SYSHosting service.
- SYSHosting reserves the right to revise its policies at any time without notice.