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Terms of Service

TheHosting ME (hereinafter referred to as "TheHosting ME") provides web hosting to people all around the world. We have the responsibility to protect each client and provide him or her with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using TheHosting ME services.

We remind all costumers that, according to the law, within their domains (including any private land) will not be included pages containing material or extract material that: offend morality or public order, disturb public or private insult or produce direct or indirect harm to anyone,violate or contravene, either directly or indirectly with the applicable laws of the Italian State; In the most serious these pages will be directly reported to the authorities.

In particular way will not be accepted: pages with content related to types of sexual perversion known as pedophilia (centralization erotic interest in children) freely accessible pages containing extracts from the material or pornographic, sexually explicit material that is represented by any means of expression (text, image, scanning, video clips, animated gifs, etc..), this material can be posted only in designated areas reserved created by owner of the site and accessible only to adults through a special password given by the owner of the site after careful checking performed on age of applicant: limitations of liability such as "entering this site claims to be adult, access to this site is available to persons under 18 years "or similar control measures are considered inadequate, as these disclaimers are worthless in court, apologies pages containing racist or fanatic, that is praise and / or celebrations of all those tendencies that enhance or produce social discrimination or regard the race as a factor in the progress of a society and therefore prohibit unions with other nations, as they are considered an inferior race by discrimination or in extreme cases, violence, persecution and extermination. We will not accept pages also contain exaggerations of our religious beliefs or political beliefs, philosophical and so on. Leading to intolerance, sectarianism and extremism; pages that contain a virus or malicious software pirate, cracks, key generators, serials, applications aimed at damaging the integrity of the resources of others, or contributing to action to violate or groped for violating the confidentiality of private messages (viruses and the like will be deleted directly from the server); pages containing material or extracts from the material covered by trademark, patent, copyright (eg. music files, multimedia protected by copyright, etc.. The inclusion of MP3 files will be allowed only if the user is the owner of the rights of the song as author or publisher of that) or other legal or customary rights of third parties, except where the express written consent of the holder of that right in every case reported and the source.

All users are required to accept and abide by the rules of good use of network resources expressed in the document called "Netiquette" and published on the website of the Italian Naming Authority Straight from the hosting contracts carried parts in detail on some points:

15) Obligations, prohibitions and responsibilities of the Customer
15.4 By way of example only, the Customer agrees to:

  • a) Use the Service in the enforcement of intellectual property and/or industrial TheHosting ME or third parties and to ensure that whatever he may be placed on the Internet, including through the services offered by TheHosting ME, both in its legitimate and complete availability, does not conflict with mandatory rules, does not violate any copyright, trademark, patent or other rights of third parties or TheHosting ME protected by law or contract. Any copyrighted material can be introduced into the network only if the Client has obtained the rights to use the actual owner of its copyright, and citing the source;
  • b) Not use or have used a third party, directly or indirectly, the Service in violation of applicable laws, morals and / or public order, in order to disturb public or private, causing offense, direct or indirect damage to anyone, including himself (including but not limited to: it is prohibited to include in the space of dialer or web materials or excerpts of material dealing with pedophilia or apologies or fanatical racist, pornographic material and may possibly be inserted only in accordance with the regulations in force eg. in special restricted areas created by the owner of the site accessible only to adults through a special password given by the owner of the site after careful checking performed on age of applicant), or otherwise to violate or contravene directly or indirectly with the current Italian laws or otherwise in such a way as to cause damage or harm in any way and form, image and trademark owned by TheHosting ME;
  • c) To maintain in strict confidence and not to transfer to a third party control codes associated with the domain (login and password), thus answering the custody of the same TheHosting ME in front of me and for others, and to change their passwords at least every three months;
  • d) Use the web space, possibly purchased from TheHosting ME, only to publish the website, and not as a repository, or simply as a tool for storing files and/or their own material and /or downloaded from other sites;
  • e) Not engage in, using the service provided by TheHosting ME, acts intended to infringe or violate groped for computer systems and/or network security TheHosting ME or third parties, and/or confidentiality of private messages, or other acts intended to damage the integrity of the resources of others or damage directly or indirectly to any person (including but not limited to using pirated software, cracks, key generators, serials, cyber attacks of all types including DOS attacks, viruses or other harmful components);
  • f) Does not play an active part in attempts to breach computer systems and network security TheHosting ME or any third party using the service provided by TheHosting ME that could give rise to civil liability and/or criminal proceedings;
  • g) Does not have access to systems, networks and/or information to third parties that have not provided explicit authorization by means of scanning/probing, vulnerability tests, attempts to breach security or authentication measures;
  • h) Does not create hazards and/or instability and/or other technical problems as a result of programming and/or how to use that impact on quality of service the customer or other customers in order to cause damage to them, to TheHosting ME or anyone else;
  • i) Not to publish Web sites with content such as gambling, online casinos or other content which do not comply with the provisions of Law 401/1989 and subsequent amendments thereto, in the absence of the necessary authorizations required by law.In that case, the customer must send to the writer before the publication of such content, a copy of the license, permit, license or other evidence of authorization. It is understood that if the writer is aware of web sites or links (hyperlinks) to other websites for which no advance has been provided a copy of this authorization, TheHosting ME reserves the right to suspend the service until the provision of the required documents, the exclusion of any reimbursement and/or compensation for any unused period of service;
  • l) Does not provide public information (textual or graphical) damaging the image of ThHosting ME through the services provided;
  • m) To refrain from spamming or equivalent activities (for a definition of spam can be found in a Set of Guidelines for Mass Unsolicited Mailings and Postings - spam, and not to introduce, upload, post programs (viruses, Trojan horses, etc.), transmit or distribute any material that contains virus other codes, files or programs designed to undermine, disrupt, destroy or limit the functionality of the network, software, hardware or telecommunications equipment of TheHosting ME and/or third parties;
  • n) Not phishing or other equivalent actions of the illicit nature tend to steal users personal data or other confidential information (including but not limited to: access codes, password, userID);
  • o) Do not use applications and/or scripts that are not allowed;
  • p) Do not store sensitive data on the site and/or judicial data, in case he has purchased a service with web space;
  • q) Take on the security of the data entered, where he has purchased a service with web space;
  • r) To be treated and treat their staff from any employee or contractor, as confidentiality data and/or information received, known, or operated for or on account of the Service;
  • s) Not to publish web sites with content such as newspapers and do not consider and/or state TheHosting ME as an editor and/or printer without the quotes and their written consent thereto, where he has purchased a service with web space;

Extract from the Criminal Code relating to computer crimes:

Article 615 ter

  • Unauthorized access to a computer system or computer
    Any person who unlawfully breaks into a computer system or computer that is protected by security measures will be maintained against the will expressed or implied by those who have the right to exclude him, shall be punished with imprisonment up to three years.

    The punishment shall be imprisonment from one to five years:

    1) If the offense is committed by a public official or an employee of a public service, with abuse of power or violation of duties related to the function or service, or even abused by those exercising the profession of private investigator, or abuse as operator of the system;
    2) If the offender uses the fact to commit violence against property or people, or if it is clearly reinforced;
    3) If the event resulting in the destruction or damage of the system total or partial interruption of its operation, or the destruction or corruption of data, information or programs contained herein.

    If the facts in the first and second paragraphs relate to computer or electronic systems of interest pertaining to the military or public order or public safety or health or civil defense or otherwise in the public interest, the penalty is, respectively, of imprisonment one to five years and three to eight years.

    In the case of the first paragraph of the crime is punishable on complaint by the victim, and in other cases we proceed d'office.

Article 615 quater

  • Illegal possession and distribution of access codes to computer systems or telecommunications. Whoever, in order to procure a profit for himself or others or to cause harm to others, wrongfully obtains, reproduces, disseminates, or notify delivery codes, passwords or other means to the access to a computer system or computer, protected by security measures, or otherwise provide information or instructions suitable for the purpose aforesaid, shall be punished with imprisonment up to a year and a fine of up (5164 €).

    The penalty is imprisonment for one to two years and (5164 €) to (€10,329) under certain circumstances mentioned in articles. 1) and 2) the fourth paragraph of the art. 617 cc.

Article 615 quinquies

  • Broadcast programs intended to damage or disrupt a computer system whoever spreads, or communicate over a computer program by himself or by other written agreement whose object or effect the damage of a computer system or computer, data or programs contained herein or relevant thereto, or the interruption, in whole or in part, alteration of its operation, shall be punished with imprisonment up to two years and a fine of up to (10,329 €).

Service Agreement

  • TheHosting ME Service Agreement is a separate agreement between TheHosting ME and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using TheHosting ME's services. Contact our sales department for any clarifications.

Services

  • TheHosting ME will provide Customer with what they signed up for within their order according to the fees indicated to the Customer before TheHosting ME billed Customer. Customer also understands that unless TheHosting ME is running a promotion, TheHosting ME will not discount their price or provide anything more or less than what the customer signed up for without Customer upgrading their plan by a TheHosting ME customer service representative.

Rejection of Services

  • TheHosting ME reserves the right to cancel, temporarily suspend or deny services to Customer at our desecration. If TheHosting ME feels that it is not of its best interest, or a liability to obtain a customer, TheHosting ME will take into consideration past history on both business levels and personal levels to determine if customer is a liability to the company. TheHosting ME will give notice of cancellation if TheHosting ME cancels Customers account, as well as temporary suspension and denied services. TheHosting ME will invoice Customer 15 days in advance of their official due date of their account. Customer agrees that as long as account is active, customer will maintain a good standing balance with TheHosting ME, and will pay before or on the due date of invoice. Any setup fees associated with the opening of the Customers account, or future upgrades are one time fees; services ordered during initial signup with setup fees will be charged up front, as well as the Customers hosting services. 

    If Customer has not paid by the account due date, TheHosting ME will wait 5 days before suspending the account. If Customers account is not paid after 15 days of the due date payment has not been received, TheHosting ME, at its discretion, will terminate the customers service(s), unless the customer with TheHosting ME has made arrangements.

Good neighborhoods

  • TheHosting ME specializes in "shared web hosting" and before you sign up with us it's important that you know what shared hosting is and how it plays a part in your web site hosting experience.
    Shared Web Hosting: Means you pay a relatively small amount of money and your site is hosted on a server that is shared by other customers.
    TheHosting ME Good Neighbor Policy states "no single site shall be allowed to affect the performance of the other sites sharing the server." This means that we constantly monitor all of the sites on the server and if one of them starts to cause trouble for the others, we will take action to fix the issue. What does this mean?

    If a site is using a high amount of the server's resources (CPU, RAM, etc), we will attempt to find out what script/app/etc is causing the problem and we will disable it as soon as possible. Nearly 100% of the time we will disable only the offending script or site, not the entire account.
    Does a high traffic site mean I need a VPS or dedicated server? When do I need to worry about causing problems to the shared server? 
    Not necessarily, while a large amount of traffic can cause problems, we have clients with sites that receive thousands of visitors per day and they don't cause any problems whatsoever for the server. It's all about what your site is doing. Bad scripting, large MySQL databases, automated tasks, etc., Can all wreck havoc on a shared server.

    Keep in mind that even if your site only receives 10 visitors a day, a bad script can still cause your site to consume too many server resources. This is something a lot of customers might not understand. So please be aware that if you are notified of a suspended file on your account, it's nothing personal, TheHosting ME isn't trying to ruin your day. We are simply keeping our promise to the other customers on the server and not letting one site slow down all of the sites.

    With our Reseller plans is strictly prohibited to provide free hosting for your clients.

Resource Limits

  • The following limits are set in stone and any file/script/app that reaches these limits will be suspended without warning. If at any time your site receives notice of a suspended file, you will more than likely have the opportunity to fix the problem. Once a file has been suspended and you have notified us of a correction, it can take up to 48 hours before the script is allowed to go live on the server again. 

    * Memory usage may not exceed 20% per domain/file/application
    * CPU usage may not exceed 20% for more than 90 seconds per domain/file/application
    * 350 emails per hour
    Summary: If your account (more specifically any files/pages in your account) causes any type of problems for the other users on the server, it can and will be suspended.

    If TheHosting ME's system administration team determines that a customer's account is utilizing an unacceptable amount of system resources, TheHosting ME may temporarily deactivate the account in question. If TheHosting ME's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with 7 days in which to either upgrade to a vps/dedicated server or locate a new provider. This only occurs in extreme cases.

    TheHosting ME will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

Domain Parking

  • Any attempt to circumvent domain-parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required, domain pointers must be used instead.

    Background Running Programs (bots/daemons/monitors)
    Customers are not permitted to run programs in the background on shared hosting servers. This tends to use a lot of system resources, and can impair service to other customers on that server.

Backups

  • TheHosting ME's hosting accounts include a daily backup service, however these backups are for TheHosting ME's administrative purposes only. Customers are responsible for maintaining their own backups on their own personal computers. TheHosting ME does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on TheHosting ME's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Content

  • All services provided by TheHosting ME may be used for lawful purposes only. Storage of any information, data or material in violation of any Belize law is prohibited. This includes, but is not limited to content related to: children pornography, phishing, scam. Using TheHosting ME services for SPAM, MALWARE or BOTNETS are STRICTLY PROHIBITED! Services used for mentored activities will be suspended without warning! The subscriber agrees to indemnify and hold harmless TheHosting ME from any claims resulting from the use of the service, which damages the subscriber or any other party.

Staff Abuse

  • At TheHosting ME, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given 7 days notice to find a new host. We will issue a refund only for the unused portion of pre-paid service.

IRC (Internet Realy Chat)

  • We do not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or termination and no refund will be issued.

Unsolicited Email (SPAM)

  • Spamming, or the sending of unsolicited email, from a TheHosting ME server or using a return email address that is maintained on a TheHosting ME server is STRICTLY prohibited. Using SPAM to advertise a site hosted on TheHosting ME's network also constitutes as a violation of this provision. TheHosting ME will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately terminate and no refund will be issued. Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.

Server Abuse

  • Any attempts to undermine or cause harm to a TheHosting ME's server or customer of TheHosting ME is strictly prohibited. TheHosting ME will be the sole arbiter as to what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account termination without refund. TheHosting ME will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

Failure to follow the Policies

  • Failure to fully comply with these terms is grounds for account suspension and/or termination (with or without refund, subject to TheHosting ME's discretion). Any accounts and/or servers contained within TheHosting ME's network must adhere to the above policies. We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account termination the second offense, but no warning is required. TheHosting ME reserves the right to terminate, suspend and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

Cancellation of Services

  • To cancel account, the customer must login to their client area, click on My Services, click the service you wish to cancel, and click "Request Cancellation". Cancellation by any other means will not be an acceptable form of a cancellation request.

    If you are canceling under our Money Back Guarantee, please be sure to specify this in addition to your reason of cancellation

Refund Polices

  • All new Shared & Reseller Hosting Accounts are covered by a 30-day money back guarantee. If you become dissatisfied with our services at any point within the first 30 days of holding an active account, we will issue a 100% refund of your money unless otherwise specified at, or prior to, the time of purchase.

    Your web hosting account will renew on a monthly basis. Refunds for web hosting account renewals will be granted to customers who request a cancellation of their service, in writing, no later than 5 days after the renewal date. No exceptions will be made to this policy.
    Accounts cancelled/terminated by TheHosting ME do not qualify for the 30-day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

    VPS/Gaming Servers customers can receive prorated refunds for there basic service, if requested within 24 hours.
    All domain names sales are made final at the time of purchase. You are the sole owner of any domain names registered through our services upon payment in full.

    Changes to registered domain names (incorrect spelling, etc.) cannot be made once the domain has been purchased with a domain registry. It is very important that you verify the spelling of your domain name and it is recommended that you have someone else read it as well to ensure it is exactly as expected. 

    Domain Name Renewals - Domain Name renewals are billed automatically on the schedule agreed to in the contract. They will renew automatically until you write in and cancel the renewal of you domain name. Keep in mind that domain names are on a minimum of an annual plan.

Liability

  • YOU AGREE THAT THEHOSTING ME WILL NOT BE LIABLE FOR ANY:
  • (1) USE OF YOUR WEB HOSTING ACCOUNT
  • (2) INTERRUPTION OF BUSINESS
  • (3) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU HAVE HOSTED ON OUR SERVER
  • (4) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD
  • (5) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION
  • (6) EVENTS BEYOND OUR CONTROL
  • (7) THE PROCESSING OF THIS APPLICATION
  • (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.

    THEHOSTING ME ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.