A. General Conditions
- Resources Usage
- Server Abuse
- Refusal of Services
- Service Suspension and Termination
- Fraud And Payment Verification
- Refund Policy
- Money Back Guarantee
- Backup Policy
- Account Activation
B. Acceptable Usage Policy
- Obscene Speech or Materials
- Illegal or Unauthorized Access to Other Computers or Networks
- Defamatory or Abusive Language
- Others Activities
- Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities
- Forging Headers
- Facilitation a Violation of this Acceptable Usage Policy
C. Service Level Agreement
- Re-Installation Fee
- Cancellation Refunds
- Limitation of Liability
A. General Conditions
All services provided by HostStage – Elite Media Solutions SAS, located at 1 Rue De Bellevue, 56340 Carnac, France, identified with the SIRET 82114665100020 may be used for lawful purposes only.
Transmission, storage or presentation of any information, data, or material in violation of any French law is prohibited
Sites that promote any illegal activity or present content that may be damaging to HostStage servers, or any other server on the Internet are also prohibited. Links to such materials are also prohibited.
HostStage 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.
1. Resources Usage
All Account plans come with a predetermined amount of traffic allowance. Overusage charges may apply with the exception of the dedicated servers.
The criteria used to define reasonable ressource usage are :
- number of web requests per day (html, php, cgi, jpg, gif and others);
- use of the central processing unit (CPU) (< 60 seconds at 100%);
- use of the RAM (<80 Mo per second);
- access by a server SQL by 3 simultaneous connections (request/session) only (the Supplier recommends to have short connections and to close them after use);
- or any other criteria that may damage HostStage IT system.
- Inodes/Mail per hour (Shared/VPS)
2. Server Abuse
Any attempt to undermine or cause harm to a server or customer of HostStage is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
3. Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of HostStage must adhere to the above and following policies.
By the Account Activation Date of each month, HostStage shall either:
- debit the client’s credit card (when such information has been provided by the client);
- deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. Invoices are generated 14 days prior to the Account Activation Date, and payment shall be remitted to HostStage by no later than the specified payment due date ;
- prepaid monthly invoice
It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point another payment method must be provided within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, can be suspended, eventually terminated.
5. Service Suspension and Termination
Invoices are issued 14 days prior to the applicable due date for each active service.
After the due date is passed without a payment being received and an invoice marked as PAID, a first warning e-mail will be sent.
Failure to pay within 96 hours will result in a second and final suspension warning e-mail. On the 3rd day after the due date, services may be suspended at any time, and any payment MUST be communicated to a support agent to avoid suspension.
If suspension occurs, a suspension notification is sent via e-mail, at which point full service termination may happen within 96 hours of the suspension e-mail.
HostStage does not guarantee that your service may be recuperated after termination and may not be held liable for loss of data, licensing rights, promotional prices or conditions, as well as any attached devices or secondary IP addresses following service termination.
6. Fraud and payment verification
Upon receiving a new customer’s first paid order, HostStage reserves the right to issue an Order Verification e-mail, requesting further information in order to validate your account.
Until all required information is provided and deemed satisfactory by our fraud verification team, no services or support can be provided.
The 3 business day delivery guarantee starts after the verification step is passed. Verification is not necessary for all orders, and can only requested on your very first paid order.
7. Refund Policy (out of the 30 days money-back guarantee)
Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination.
Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
8. Money back guarantee
We reserve the final decision on refunds, based on the situation and reason for cancellation.
We will not refund or credit under the following circumstances:
- Failing to ask a question on the nature of our services, or a particular specification or configuration.
- Account termination or suspension due to non-following of our Terms of Service.
- Account termination or suspension due to any kind of illegal activity.
- Any overpayment made more than 45 days ago
- Any Licences
- Any Domain registration
We offer a 30 day Money back guarantee for delivered servers, at the exception of dedicated servers, SSL certificates, IP blocks, and licences.
If client has retained the services for longer than one month and has pre-paid HostStage for such services, refunds will not be issued for any unused portion of the lease, as your purchase benefits from a long-term rebate.
Therefore, if a client’s account is cancelled at any point during a 3month, 6month or one-year term, the client will not be entitled to a refund for the months remaining.
In the case of a bulk order, the customer waives his right to any refund. The 30 day Money back guarantee covers one service only. If the customer orders more than one of the same service, he forfeits his right to test the service and will not be eligible for refund or credit.
9. Backup Policy
The subscriber is responsible for regular backups of his content unless he has subscribed to a backup plan.
10. Account Activation
By activating your account with HostStage, you agree to the above policies and disclaimer.
Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE : If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail prior to taking any action to provide you with an opportunity to resolve the issue.
The Host Servers remain the property of HostStage at all times. The Customer shall not be entitled to sell, transfer, lease, charge, or assign by way of security.
B. Acceptable Usage Policy
As a provider of web site hosting and other Internet-related services, HostStage offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. HostStage respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, HostStage reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, HostStage has developed an Acceptable Use Policy, explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using HostStage services.
HostStage may restrict, suspend or terminate, without any possible refund, any Web Hosting Service if required to do so by any court or competent authority in accordance with applicable law;
We do authorize :
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange)
- Mailer Pro
- But any of these following activities shall waive any refund claim and shall constitute a breach of agreement :
Sending unsolicited bulk and/or commercial information over the Internet. which overloads HostStage network.
b) Obscene Speech or Materials:
Using HostStage network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. HostStage is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
c) Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
d) Defamatory or Abusive Language:
Using HostStage network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
e) Other Activities such as :
Proxy Scripts/Anonymizers/Proxy Scrapping
Image Hosting Scripts (similar to Photobucket or Tinypic)
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Broadcast or Streaming of Live Private TV Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc…)
f) Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment. (distributed or not)
g) Forging Headers :
Forging or Misrepresenting message or IP headers to mask the originator of the message
h) Facilitation a Violation of this Acceptable Usage Policy
through any advertising, transmitting or making available any software, program, product or service designed to violate this AUP including : spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
DISCLAIMER : HostStage cannot monitor, verify warrant or vouch for the accuracy and quality of the information the subscriber or non-subscriber acquires.
The information disseminated on the internet cannot be reviewed, edited, or censored by Host-Stage : HostStage cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, HOSTSTAGE WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS. FURTHER MORE, NO REFUND WILL BE MADE FOR PRE-PAID TERMS IF AFTER A CANCELLATION MADE IN RESULT OF NON-ADHERENCE TO THESE TERMS.