Definitions and Structure

A. General Conditions

  1. Resources Usage
  2. Server Abuse
  3. Refusal of Services
  4. Billing
  5. Service Suspension and Termination
  6. Fraud And Payment Verification
  7. Refund Policy
  8. Money Back Guarantee
  9. Backup Policy
  10. Account Activation
  11. Hosttage Liability
NOTICE

B. Acceptable Usage Policy

  1. Spamming
  2. Obscene Speech or Materials
  3. Illegal or Unauthorized Access to Other Computers or Networks
  4. Defamatory or Abusive Language
  5. Others Activities
  6. Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities
  7. Forging Headers
  8. Facilitation a Violation of this Acceptable Usage Policy
DISCLAIMER

A. General Conditions

All services provided by HostStage SAS, located at 1 Rue de Bellevue,56340 Carnac, France, 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.

HostStage reserves the right to change, modify, update, add to or remove, with or without notice to you, portions of the terms of use at any time. We will try to inform you of any changes through our communication channels, however, this cannot be guaranteed. Please check the terms of use periodi- cally, for any changes. Your continued use of the services, after changes to terms of use have been posted, demonstrates your acceptance of these changes. If you do not agree to the revised terms and conditions, you must inform HostStage, within a period of thirty (30) days of a particular change. In this case, you must discontinue using the HostStage services and website, from the date of entry of the adapted version.

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.

4. Billing

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);
or
  • 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 ;
or
  • 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 in which case a backup shall be be provided but the backup consistency remains on the subscriber responsability.

10. Account Activation

By accessing the services and / or using the services, you agree that you are authorized to accept the conditions (hereinafter referred to as "terms of services") on behalf of yourself and/or the company you represent.
All services are subject to these terms of use, and by using these services you agree to be bound by these terms of use.

11. HostStage Liability

If the performance of this Agreement, or of any of HostStage’s obligations under such Agreement, is barred, limited or disrupted due to a fire, an explosion, a failure in the transmission networks, the collapse of the facilities, an epidemic, an earthquake, a flood, a power failure, a war, an embargo, a statute, an injunction, a request or demand from a government, a strike, a boycott, a withdrawal of authorization from the telecommunications operator, or any other circumstances beyond HostStage’s reasonable control ("Force Majeure event"), then HostStage, subject to a prompt notice to the Customer, shall be relieved from performing his/its obligations within the limits of this inability to act, limitation or disruption, and the Customer shall be likewise relieved from performing his/its obligations to the extent that his/its obligations pertain to the performance of the obligations thus barred, limited or disrupted, subject to such Party thus affected using its best efforts to avoid or mitigate such failure to perform and to both Parties acting promptly once such causes cease to exist or are eliminated. The Party affected by a Force Majeure event shall keep the other Party informed on a regular basis via electronic mail regarding the prognosis of eliminating such Force Majeure event or of recovering from it.

Should the effects of this Force Majeure last more than thirty (30) days, as of the date of notice regarding such event from one Party to the other, the Agreement may be terminated as a matter of right, at the request of one of the Parties, without any right to compensation for either of them.
Or HostStage shall not be liable the Customer causes, for example:

  • a deterioration of the application;
  • the misuse of the terminals by the Customer or his/its clientele, a fault, negligence, omission or failure on his/its part, or non-compliance with the advice given;
  • the disclosure or illegal use of the password confidentially given to the Customer ;
  • fault, negligence or omission of a third party over whom HostStage has no control or supervision power;
  • a request for a temporary or permanent interruption of the Service from a competent administrative or judicial authority, or upon notice from a third party; or
  • the total or partial destruction of information transmitted or stored resulting from errors directly or indirectly attributable to the Customer.
The Customer acknowledges that HostStage authorizes other Service users to install their websites and servers in his/its facilities. HostStage shall not be liable in any way whatsoever for damages, costs or losses incurred by the Customer (or by his/its own customers) and caused by another Service user’s act, material or failure to act, HostStage’s liability in contract, in tort (including negligence) or by statute, or otherwise, to the Customer (or his/its own customers), concerning performance or non-performance, as applicable, of any obligation created under this Agreement, with regard to any claim, shall be limited and shall not, in the aggregate, exceed the total fees paid by the Customer to HostStage under this Agreement in the three- (3-) month period immediately preceding the date on which the claim arose. In no event shall HostStage be liable for any lost profits, or any special, indirect, consequential, incidental or punitive damages.

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)
  • MUDs/RPGs/PBBGs
  • Mailer Pro
  • But any of these following activities shall waive any refund claim and shall constitute a breach of agreement :

1. Spamming:

Sending unsolicited bulk and/or commercial information over the Internet. which overloads HostStage network.

2. 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.

3. 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).

4. Defamatory or Abusive Language:

Using HostStage network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

5. Other Activities such as :

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers/Proxy Scrapping
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • utoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Spam Scripts
  • Escrow/Bank Debentures
  • 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
  • Lottery/Gambling Sites
  • 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...)
  • Phishing

6. 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)

7. Forging Headers :

Forging or Misrepresenting message or IP headers to mask the originator of the message

8. 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.

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