TOS

Terms of Services

The following terms and conditions (these “Terms”) govern the provision by Warez HOSTING of the services and/or products (referred collectively herein as “Services and Products”) described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions.

The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using our services.

  General

Warez HOSTING will make sure to assist their clients as much as possible with the hosting service they rent. Regarding the technical complicity and difference from the internet, Warez HOSTING will not be held responsible for interruptions or delays and the eventual impossibility for the user of an account, to gain access to the hosting service(s) due to saturation of the different networks or due to any other problem that might occur, where Warez HOSTING or the user can be confronted with. The client can never hold Warez HOSTING responsible for an interruption of the service for planned maintenance, emergency maintenance of the network and supremacy or an outage due to negligence of a third-party client, ddos attack and/or hack attempts.

Warez HOSTING shall not be responsible for any damages your business may suffer.

Prohibited Content

The customer agrees to indemnify and hold harmless Warez HOSTING 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 accepted in our VPS Hosting plans.

  • – Botnet Controllers, Malicious Bots ( accepted  )
  • – Black Market Sites ( accepted   )
  • – IP Spoofing, Making DDoS attacks ( accepted )
  • – SIP Scanners ( accepted )
  • – Virus, Trojan, Malware ( accepted )
  • – Video Streaming ( accepted  )
  • – Terrorist Websites ( accepted  )
  • – Child Porn ( accepted  )
  • Cardin Forums ( accepted  )

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 cron entries with intervals of less than 15 minutes.
  • 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.

Account Activation

All our 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

We make no guarantees about the availability of backups. VPS Customers are fully responsible for maintaining their own backups.

Bandwidth

Warez HOSTING agrees that it shall maintain a 1 Gigabit connection to each server (from the server to the switch)***. However, Warez HOSTING 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 Warez HOSTING.

We have facilities in the Panama, Aruba, Netherlands, Russia.

Please Contact Us for Test IPs and Download Test Files.

Maintenance

Warez HOSTING 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, Warez HOSTING shall provide prior notice where it is reasonably practicable under the circumstances, determined by Warez HOSTING, and shall restore service as soon as is reasonably practicable, determined by Warez HOSTING. Customer shall not be entitled to any setoff, discount, refund or other credit, in case of any service outage which is beyond Warez HOSTING control or which is reasonable in duration. (Reasonable) is to be determined by Warez HOSTING.

Security

The parties expressly recognize that it is impossible to maintain flawless security, but Warez HOSTING shall take reasonable steps, (determined by Warez HOSTING), to prevent security breaches in server interactions with Customer and security breaches in Warez HOSTING server interaction with resources or users outside of any firewall that may be built into Warez HOSTING 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 Warez HOSTING harmless for any compromise of Customer’s security that resulted from their own actions.

Prices

Warez HOSTING 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.

Service Delivery time

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 Warez HOSTING, 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 Warez HOSTING and the customer.
Registration and activation will be done as soon as the payment and necessary (request)forms are received.

Software updates and installations

Warez HOSTING shall perform all system administrative software updates and installations for web servers, email servers, and all related software systems.

Payment Conditions & Account Cancellation

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.
Warez HOSTING 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, Warez HOSTING will wait 1 day before Terminate the server.

If Customer is unable to pay invoice on time, Warez HOSTING must be informed about payment delay minimum 2 days before due date of services over email [email protected] 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.


  • BTC Payment

 

  • In our order VPS From, you have our BTC Wallet Address, where you should pay for the desired VPS Package.

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.

 

Limited Liability


  • Uptime Guarantee

 

  • Any service interruptions or downtime due to scheduled maintenance by Warez HOSTING 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. Warez HOSTING is not liable in any way for failure of third party services.

 

Warez HOSTING 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

Warez HOSTING 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, 2018