TERMS OF SERVICE - HOSTPLAY

Prohibited Contents

All services provided by HostPlay may only be used for lawful purposes. The customer agrees to indemnify and hold harmless HostPlay from any claims resulting from the use of our services.

Users are ultimately responsible for all contents and actions taken under their respective accounts.

The following is a list of content that is not accepted in our Semi Dedicated Hosting plans.

• - Bank Lures, Bank Debenture Trading Programs, Phishing Sites
• - Cryptocurrency Scam, Fake Websites
• - Scam, Fraudulent Sites
• - Fraudulent Trading Platform
• - IRC Bots, Proxy Scripts
• - Mail Bombers, SPAM, Email Marketing
• - UGG Replica
• - Botnet Controllers, Malicious Bots
• - Black Market Sites
• - IP Spoofing, Making DDoS attacks, Hacking
• - Packet Flood Scripts
• - Port Scanning
• - Virus, Trojan, Malware
• - Hyip, Money Laundering, Ponzi Scheme
• - Video Streaming
• - Torrent flux/Bittornado
• - Rapidleech/Similar Type
• - Terrorist Websites
• - Child Porn

The following is a list of content that is not accepted in our VPS Servers.

• - Bank Lures, Bank Debenture Trading Programs, Phishing Sites
• - Cryptocurrency Scam, Fake Websites
• - Scam, Fraudulent Sites
• - Fraudulent Trading Platform
• - IRC Bots, Proxy Scripts
• - Mail Bombers, SPAM
• - Botnet Controllers, Malicious Bots
• - Black Market Sites
• - IP Spoofing, Making DDoS attacks, Hacking
• - Packet Flood Scripts
• - Port Scanning
• - Virus, Trojan, Malware
• - Hyip, Money Laundering, Ponzi Scheme
• - Terrorist Websites
• - Child Porn

The following is a list of content that is not accepted in our Dedicated Servers.

• - Bank Lures, Bank Debenture Trading Programs, Phishing Sites
• - Cryptocurrency Scam, Fake Websites
• - Scam, Fraudulent Sites
• - Fraudulent Trading Platform
• - IRC Bots, Proxy Scripts
• - Mail Bombers, SPAM
• - Botnet Controllers, Malicious Bots
• - Black Market Sites
• - IP Spoofing, Making DDoS attacks, Hacking
• - Packet Flood Scripts
• - Port Scanning
• - Virus, Trojan, Malware
• - Hyip, Money Laundering, Ponzi Scheme
• - Terrorist Websites
• - Child Porn

Resource Usage (excludes VPS and Dedicated servers)

User may not:

Use 20% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. Run any video streaming, bit torrent application, tracker, rapidleech and related, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities.
Run cron entries with intervals of less than 15 minutes.
You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
Allowable is 250 Emails per hour

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package to a semi-dedicated service or vps server. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

SPAM and Unsolicited Commercial Email (UCE)

You agree and understand that spamming, sending unsolicited emails and bulk emailing from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund.

You agree and understand that we have set a limit of 250 outgoing emails per hour on Shared, Reseller and Semi Dedicated Hosting services, 500 outgoing emails per hour on Virtual Private Servers, 3000 outgoing emails per hour on Dedicated Servers to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.

Account Activation

All our Shared/Reseller/Semi-Dedicated/Virtual Private Server Services can be online instant after the first payment is confirmed!
We may contact you directly through the email address or other information you provide to confirm information or purchases we have successfully received from you.

Backups

HostPlay working backups every week for all shared, reseller and semi-dedicated accounts. However, client always can ask us for last backup, and we will do that as soon as we can. We only store backups for 10 days after the Due Date. Unfortunately if a client requires his backup after 10 days from the due date we will not be able to provide it. Always back your site up to your personal computer!
We make no guarantees about the availability of backups.
VPS/Dedicated Server Customers are fully responsible for maintaining their own backups.

Bandwidth

HostPlay agrees that it shall maintain a 1 Gigabit connection to each server (from the server to the switch)***. However, HostPlay does not warrant any response rate or download time beyond it's control, as this is depending on Customer's and End Users ISP connections. We do NOT guaranty a set internet speed to your server.*** We do recommend, however, that you take advantage of our "speed and ping" test, prior to placing your order with HostPlay.

We have facilities in the Netherlands, Sweden, Bulgaria and Russia.

Please Contact Us for Test IPs and Download Test Files.

Maintenance

HostPlay may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary. However, HostPlay shall provide prior notice where it is reasonably practicable under the circumstances, determined by HostPlay, and shall restore service as soon as is reasonably practicable, determined by HostPlay.
Customer shall not be entitled to any setoff, discount, refund or other credit, in case of any service outage which is beyond HostPlay control or which is reasonable in duration. (Reasonable) is to be determined by HostPlay.

Security

The parties expressly recognize that it is impossible to maintain flawless security, but HostPlay shall take reasonable steps, (determined by HostPlay), to prevent security breaches in server interactions with Customer and security breaches in HostPlay server interaction with resources or users outside of any firewall that may be built into HostPlay server. Specifically, Web traffic is monitored and some activities are prevented by a Server Security Module, incoming and outgoing email if filtered through several means to prevent the transmission of spam, viruses, exploits and Trojan horses. Full system logging and accounting is done with each command and keystroke recorded to external log files.

These log files are audited and maintained for 7 days and then destroyed, However, Customer is solely responsible for preventing password protected pages within its Web Site from being automatically indexed and linked to search engine Robots or Spiders, or accessed by outside parties. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds HostPlay harmless for any compromise of Customer's security that resulted from their own actions.

Service Delivery times

Activation of a server will be done as fast as possible, after the payment is confirmed, or after a later agreed day. If we cannot activate a package before the agreed time period, we will inform the customer about this as soon as possible. In case of superior force from HostPlay, the term will be extended with the term of that superior force. Excessively exceeding delivery time, can be a valid reason to cancel the agreement made between HostPlay and the customer. With the request and registration of a domain name it can take a 24 hours before it's entirely processed. Registration and activation will be done as soon as the payment and necessary (request)forms are received.

Software updates and installations

HostPlay shall perform all system administrative software updates, security audit and installations for web servers, mysql, email servers, and all related software systems.

Payment Conditions

The customer's payment commitment will start on the day the agreement is made.
The payment must be done before the package is activated or before the due date on the next invoice.
The total price, depending the cycle the agreement has, needs to be paid in advance. If the customer does not pay on time, the customer will be informed about it and another due date will be made.
HostPlay will generate Invoice for services 7 days before due date. Payment reminder will be sent 3 days before due date, Service will be suspended on accounts that reach 3 days past due. Accounts not paid by due date may be subject to a late fee. If the customer does not pay after 7 days of the due date, the service will be cancelled and terminated. Please note that VPS and Dedicated Servers Customers must pay all dues before or on due date, HostPlay will wait 1 day before Terminate the server.

If Customer is unable to pay invoice on time, HostPlay must be informed about payment delay minimum 2 days before due date of services over email billing@hostplay.com or by opening ticket over Client Area. In email Customer have to explain reason why services cannot be paid on time and when is exactly expected to pay invoice.

eCheck, Bank Transfer Payments
If paying by a Cheque or Bank Transfer please allow up to 7 working days for the money to settle and for us to confirm invoice.

Prices
HostPlay has the permission to change their prices at any time. These adjustments will be announced to the customer at least 2 weeks in advance. The customer is free to cancel the agreement if not agreed with the new prices, on the date that the new prices are valid.

Cancellation of Services

To cancel account, the customer must login to their account (Client Area), click on My Hosting Packages, 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.

Money Back Guarantee

Hosting services carry an unconditional 7 day satisfaction guarantee. If you become dissatisfied with our services to cancel your hosting services and receive a refund, you must contact us within 7 days from the Effective Date of the particular Services you wish to cancel. Only your monthly fees are refundable. Set up, domain name registration, SSL Certificate, Add-ons like Additional IP's, Licenses, are not subject to refund. Paypal payments will be refunded on-line and other payment methods are not refundable.

Violations of the Terms of Service will waive any refund.

Due nature of services, VPS and Dedicated servers are not refundable.

Limited Liability

Uptime Guarantee

Any service interruptions or downtime due to scheduled maintenance by HostPlay or our Network Providers, even Unexpected Issues will not count towards the uptime guarantee. Any Server Overload or Sever load spikes related to MySQL access or Backup process on peak time Means no server downtime and will be resolved within a few minutes by our technical staff. HostPlay is not liable in any way for failure of third party services.

HostPlay will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation or Registrar issues), routing issues between subscriber location and our private data center, failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Changing Terms and Conditions

HostPlay has the permission to make any modifications on the terms and conditions at any time, If a customer does not wish to agree on the changes in our terms and conditions, he can cancel the agreement until the date that the new terms and conditions apply, until this date or on the date of receiving of the cancellation, if this applies after the commencing date.

Last Updated: January 1st, 2024