Terms Of Service Agreement
Content
All services provided by Hostcell are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold Hostcell harmless from any claims resulting from the subscriber's use of Hostcell' services which damages the subscriber or any other party.
Content NOT Allowed
Hosting websites with pornography and/or sex related merchandising are strictly prohibited at Hostcell. Hosting websites with explicit nude contents or linking such content from elsewhere are strictly prohibited at Hostcell.
EXCEPTION: Adult websites WITHOUT any explicit nude content and WITHOUT any sex related merchandising ARE ALLOWED. Some examples of such sites are: Adult Dating Sites, Adult Clubs & Bars etc.
Examples of PROHIBITED content or links include (but are not limited to):Adult sites
Warez sites
PHP Shells
Proxy scripts
Gambling sites
Torrents & P2P
Carder sites or forums
Unlicensed Banking sites
Ponzi / Pyramid schemes
Phishing & Fraudulent sites
Racism, Violence, Hate
Child pornography of any sort
Sites selling unlicensed software
Pirated software, IRC software
Hacking sites, programs or archives
Game servers including dedicated game server programs
HYIP Sites, HYIP Monitors, E-Currency Exchange Sites
Sites distributing hacking tools, data, products or services
Distribution of music files or any other material in which the account holder does not own the copyright
Hostcell will be the sole arbiter as to what constitutes a violation of this provision.
Content that does not meet these standards will be removed without prior notice to the subscriber.
EXCEPTION: Adult websites WITHOUT any explicit nude content and WITHOUT any sex related merchandising ARE ALLOWED. Some examples of such sites are: Adult Dating Sites, Adult Clubs & Bars etc.
Examples of PROHIBITED content or links include (but are not limited to):
Content that does not meet these standards will be removed without prior notice to the subscriber.
Housing of any of the following files is considered a violation of the terms of service:
IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
Port Scanning - We do not allow any kind of port scanning to be done on or from our servers or network.
SPAM, Commercial Advertising and Emails:Spamming: Sending of unsolicited email, from any Hostcell server or any server located on the Hostcell network is STRICTLY prohibited. Hostcell will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin / Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Hostcell.
Running Unconfirmed Mailing Lists: Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Hostcell customers must be closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from third parties for mailing to or from any Hostcell hosted domain, or referencing any Hostcell account, is prohibited.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.
Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load. Unauthorized background processes shall result in immediate suspension or termination of the account. Hostcell maintains the right to cancel accounts at its own discretion.
PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Backup Storage - Using a Personal or Semi-Dedicated hosting account as a backup/storage device is NOT permitted, with the exception of ONE cPanel backup of the same account. Please do not store backups of your backups!
File Download Server - Using a Personal or Semi-Dedicated hosting account as a file download server (or a transloader) is NOT permitted. Please use your own external server to store your download files and link to it.
Server Abuse - Any attempts to undermine or cause harm to a Hostcell server or subscriber of Hostcell is strictly prohibited including, but not limited to:Logging into a server or account that you are not authorized to access.
Accessing data or taking any action to obtain services not intended for you or your use.
Attempting to probe, scan or test the vulnerability of any system, subsystem or network.
Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization.
Transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the system.
Interfering with, intercepting or expropriating any system, data or information.
Interfering with service to any user, host or network including, without limitation, by means of overloading, flooding, mailbombing or crashing any computer system.
Client shall and will be held responsible for all actions performed by clients account whether it be done by client or by others.
All customers at Hostcell must strictly adhere to the above policies.
Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
Port Scanning - We do not allow any kind of port scanning to be done on or from our servers or network.
SPAM, Commercial Advertising and Emails:
ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.
Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load. Unauthorized background processes shall result in immediate suspension or termination of the account. Hostcell maintains the right to cancel accounts at its own discretion.
PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Backup Storage - Using a Personal or Semi-Dedicated hosting account as a backup/storage device is NOT permitted, with the exception of ONE cPanel backup of the same account. Please do not store backups of your backups!
File Download Server - Using a Personal or Semi-Dedicated hosting account as a file download server (or a transloader) is NOT permitted. Please use your own external server to store your download files and link to it.
Server Abuse - Any attempts to undermine or cause harm to a Hostcell server or subscriber of Hostcell is strictly prohibited including, but not limited to:
Client shall and will be held responsible for all actions performed by clients account whether it be done by client or by others.
All customers at Hostcell must strictly adhere to the above policies.
Scheduled Maintenance and Downtime
Hostcell will use its commercially reasonable efforts to provide services 24 hours a day, 7 days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond the control of Hostcell or which are not reasonably foreseeable by Hostcell, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Hostcell will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its servers. Hostcell has no responsibility for downtime resulting from a user's actions.
Countries Not Supprted:
If you are from any of the below country, Your account will not be accepted.
Western Balkans,
Belarus,
Cote d'Ivoire,
Democratic Republic of the Congo,
Iraq,
Liberia (Former Regime of Charles Taylor),
Persons Undermining the Sovereignty of Lebanon or Its Democratic Processes and Institutions,
North Korea,
Sierra Leone,
Syria and
Zimbabwe
Some other country might be refused by our personal review and HostCell deserves the right to Allow or Deny service to any particular individual and or place.
Money Back Guarantee and Refund Policy
The money back guarantee and refund policy at Hostcell is clearly published here.
Any violation of Hostcell' Terms of Service Agreement shall result in no refund.
Any violation of Hostcell' Terms of Service Agreement shall result in no refund.
Limitations on Use of Server Resources
If your account exceeds our resource limits, we will notify you about the situation and will give you a fair chance to rectify the overage issue. During that time, you may investigate your website contents / scripts / databases etc to find out the cause of overage and take suitable corrective actions. If you still do not rectify the overage issue within 48 hours, your account will be subject to suspension. If the overage issue still prolongs further without any resolution from you for more then 96 hour, your account will be subject to termination. If your account is terminated due to resource overage issue, you will be charged a fee for Resource Overage Penalty for the entire duration of the overage, the amount of which will vary depending on the type of resources and the extent of damage due to the overage (like: server slowness, server crash etc).
Account Setup, Renewal, Termination and Billing
The account will be charged on the day the order is processed, regardless of the account billing date. The account will again be charged on the next billing cycle date to ensure uninterrupted service.
Disabling of Accounts Due to Overdue Payments:
Accounts will be disabled (suspended) if payment is not received within 2 days(shared) or the same day(vps/dedicated) of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $500 in order to re-enable your account.
Termination of Accounts Due to Overdue Payments:
If the account is not paid within 14(shared)days or 4 (vps/dedicated)business days of the invoice due date, the account will be terminated and all information within the account will be permanently deleted from the server/Your server will be recycled. No backup will be maintained for a terminated account.
Cancellation Procedure:
Valid proof of account ownership might be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. All cancellation requests must be submitted at this link.
Transferring Out Domain Name
Hostcell shall not be held responsible for transferring out any domain. The account holder is responsible for completing any necessary domain name transfers from Hostcell to other domain registrars as chosen by the account holder.
Free Domain Name Registration
This clause is applicable if the "Free Domain" promotional offer is currently active at Hostcell. Hostcell will register any available .com, .net, .biz, .info, .name, .us or .org domain for free upon creation of a new account. The free domain offer does not apply to existing accounts, or to orders that did not request the free domain registration at the time the order was placed. Free domain registration is for the first year only. Subsequent renewals are subject to normal domain renewal prices as published here.
Courtesy Services for Customers
All services such as backup and CPanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Hostcell is not responsible for lost data or for lost data due to third party software that is not maintained by Hostcell programming staff. CPanel is not associated with Hostcell.
General Terms
Dispute Resolution
Any dispute between Hostcell and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with California law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Bronx County, NewYork, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.
Limitation of Damages
Recovery of damages from Hostcell may not exceed the amount of fees it has collected on the account. Even though we try to keep backup for all our clients/costumers/users data,we Strongly Recomend our clients/costumers/users to have there own backup. HostCell will not be responsible for any kind of clients data.
Privacy Policy
HostCell Respects Your Privacy At HostCell we recognize that privacy is important. This document outlines the types of personal information we receive and collect when you use HostCell's services, as well as some of the steps we take to safeguard your information. We hope this will help you make an informed decision about sharing personal information with us. At HostCell, the customers' information including personal contact information and server data is treated with strict confidentiality and will not be shared with anyone. HostCell collects cookies on our web site to capture information about page visits. This information is anonymous and we use this information only internally to improve the content we provide to our visitors. Information from the cookies is used to gauge page popularity, analyze traffic patterns on our site and guide development of other improvements to our site. If you choose to communicate to us and provide personally identifiable information about yourself, we will use this information only to respond to your inquiry. We will not sell, rent or otherwise disclose that information to third parties. If you have any questions about our privacy practices, please contact our support department.
Copyrights
All of HostCell contents are copyrighted to Hostcell, how ever some of our photos and images are taken from various source such as Wikipedia and Stock photo. If you notice any copyright infringement then please contact our abuse department and we take care of this issue.