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Acceptable Use Policy

DEFINITION USER PRIVACY DMCA, COPYRIGHT, FREEDOM OF EXPRESSION & APPLICABLE LAW PROHIBITED CONTENT CONTENT RESPONSIBILITY DOMAIN NAMES SPAM & UCE ABOUT SECURITY RESOURCES USAGE DEDICATED / VPS SERVERS WEBSITE MIGRATION, BACKUPS & DATA-LOSS SERVICE UPTIME SUPPORT CANCELLATION & REFUNDS PAYMENTS & TERMINATION RESELLERS & PARTNERS AFFILIATE PROGRAM INDEMNIFICATION FORCE MAJEURE FAILURE TO COMPLY

Last edited on: 08 December 2024

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 Hostija 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 Hostija 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

Netacel Inc. - A registered IBC (Company No. 245535) based in Seychelles, is the main company for hosting-related matters.

Mailing Address:

306 Victoria House

Victoria

Mahe

Seychelles


1. Definition

“WE”/”US”/”OUR”/”Hostija.com” means Hostija 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 Hostija, 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 Hostija, 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 Hostija 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 Hostija.com, we exclusively utilize automated methods for information collection related to marketing purposes on our website. However, other websites, such as https://my.hostija.com, do not engage in the collection of such data from your visits.

To enrich and perfect your online experience, Hostija 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. Hostija uses cookies to help Hostija identify and track visitors, their usage of https://hostija.com and https://my.hostija.com, and their website access preferences. Hostija visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Hostija's websites, with the drawback that certain features of Hostija 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 Hostija'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]hostija[dot]com.

We are committed to complying with the General Data Protection Regulation (GDPR) and applicable data protection laws.

3. DMCA, Copyright, Free Speech & 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 Hostija 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[@]Hostija[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:

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.

Hostija is not liable for any legal issues arising from the data hosted by the customer on Hostija servers. The legality and credibility of the data are the sole responsibility of the customer, and under no circumstances is Hostija 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]hostija[dot]com

5. Content & Network 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). Hostija 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]hostija[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 Hostija being registered as the owner of the domain name. However, Hostija's role is that of a middleman, and actual ownership of the domain is not vested in Hostija 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 Hostija is bound as the current registrant of the domain name.

Special Characters & IDNs: It's important to note that special characters are not allowed when registering domain names. To comply with standard requirements for all domain extensions, please adhere to the following guidelines: Your domain name should be between 3 to 63 characters in length, consisting only of letters (a-z characters), numbers (0-9), and hyphens (except as the first or last characters). Characters like "&" and "#" are explicitly prohibited, and Internationalized Domain Names (IDNs) are not supported in any form. Our API system is designed to automatically remove IDNs and special characters upon domain activation to align with global domain system standards, potentially resulting in domains with missing characters or IDNs. Please be aware that refunds will not be issued for domains registered with missing characters due to the use of special characters. Our profit margins on domain registrations are minimal, with the majority of fees directed towards the registry for domain registration. Using special characters in domain names is considered spam and fraudulent, posing risks of deceiving visitors into accessing phishing domains. We strongly advise refraining from using special characters for this reason.

Domain Registration Compliance: Hostija 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 Hostija 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 Hostija 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

Hostija 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, Hostija 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.

Shared/Email Hosting Plans: Our Shared Web Hosting and Email Hosting plans are designed for personal or business use via webmail or IMAP/POP3 clients. SMTP is not supported, and these services are not intended for mass mailing, newsletters, or PHP-based tools like WordPress. For bulk emails, please use a third-party SMTP provider. Ensure that your domain is not listed on the Spamhaus DBL and that you have configured the correct DNS records (MX, PTR) and our nameservers. While we cannot guarantee your emails won't end up in spam, new domains may be flagged quickly, particularly if they contain spam-like content. If your domain is listed on Spamhaus, you must request delisting after setting up the necessary protocols (DKIM, PTR, MX), though delisting is not guaranteed. We use strict anti-spam filters, and rSPAM errors indicate blacklisting or flagged content. By using our services, you agree to our terms and conditions.

VPS/Dedicated Server Hosting Plans: Our servers are designed for website and application hosting, not email use. Sending mass emails, newsletters, or using SMTP with PHP scripts (e.g., WordPress) requires an established IP and domain reputation. Since our IPs are new and lack reputation history, we recommend using third-party SMTP providers like MailJet, MailChimp, or SendinBlue, which have well-established IP reputations. New servers and domains take months to build reputation scores. We cannot guarantee the suitability of our IPs for email use. If an IP is listed on Spamhaus, it will be listed under PBL (Non-Mail Server), which means the IP has never been used for mail before. You can request delisting by confirming your intent to use the server for email by confirming via email verification and it will be delisted instantly. However, manual removal may be necessary in some cases. Additionally, your domain could be listed on the Spamhaus DBL if it has a low reputation or is flagged for spam-like behavior. You are responsible for requesting delisting after setting up necessary protocols (DKIM, PTR, MX), though removal is not guaranteed and may take time. By using our service, you agree to our terms and conditions.