Terms of Service
TERMS OF SERVICE
These Terms of Service are an agreement (the «ToS») between Deltahost («Deltahost”) and you («Client» or «you»). This ToS states the terms and conditions of your use of the products and services (the «Services») made available by Deltahost. By using any of the Services, you are agree to be bound by all of the terms and provisions of the ToS. If you are uncertain about the terms of ToS, or have any other questions, you must contact Deltahost via E-mail or the Deltahost control panel (client area) for clarification.
All Services may only be used for lawful purposes. The laws of the Ukraine apply to all Clients of Deltahost. The laws of the country where located services bought by you also apply. You agree to indemnify and hold harmless Deltahost from any claims resulting from your use of Deltahost Services. You represent and warrant to Deltahost that you are 18 years of age or older. Any use of or access to the Services by anyone under 18 years of age is prohibited.
Payment for all Services is due and payable in advance of the time when such Services are provided. Billing cycle for hosting, VPS, dedicated servers, IP addresses, licenses – 1 month. Billing cycle for domains – 1 year.
The amount a Client pays for service will never increase from the date of purchase, unless the structure and amount of expences for providing this service remains unchanged. In the case of price increasing Deltahost will provide all affected clients a minimum of 30 days notice. Deltahost reserves the right to change prices listed on https://deltahost.com.
REFUND AND MONEY-BACK
In order to make a refund Deltahost reserves a right to request documents, which confirm personality of the account owner. The Client can request a refund for the prepayment for future billing cycles. Payment for the current billing cycle cannot be refunded, regardless quantity of the days left. Even if the current billing cycle started only today. If the client does not like the service, money-back can be considered within first 48 hours after service start date. If the cancelation is made due to the fault of the Client (didn’t read terms, etc.) setup fee will be deducted from the money-back amount. Setup fee in case of money-back is following: VPS — 5 USD, dedicated server — 15 USD. If ordered service plan contains other setup fees, then plan’s setup fees overwrite these setup fees. To become eligible for money-back client must submit a request in control panel via the ticket system within first 48 hours after serice activation. Request must contain reasons why the service does not fit Client needs. Request it will be considered within the next 7 days. Failure to submit a request within first 48 hours will result Client being not eligible for a money-back. If Terms of Service are violated, refund/money-back cannot be performed.
All cancellations must be received via the Client area before the next billing cycle begins. Failure to do this will result in your being automatically billed, for which refunds will not be given. All cancellations are processed in one hour or less. So please ensure you have full backups of all of your data prior to submitting the request online. You may simply open a support ticket for cancellation. Deltahost does not charge late fees, however if a service is paid for late, the next due date for the service will not be adjusted. Services that are not properly cancelled through the appropriate methods will remain active. If a Client has multiple services with Deltahost, failure to pay one of their active services without a proper cancellation, may result in their other active service’s suspension due to the account having an outstanding invoice.
CHARGEBACKS AND DISPUTES
In the event that we are notified that a chargeback or other dispute is filed, all of your active services will be immediately terminated from our system, and your account will be immediately closed. Threatening to chargeback in any communication with Deltahost, can at Deltahost sole discretion result in permanent account closure.
Use of the Deltahost Services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder may result in the immediate termination of your account.
PROHIBITED CONTENT & RESTRICTIONS
- Spam, Mass mailing, Bulk mailing
- IP/Port scanning
- Pirated Software/Warez (links also)
- Lottery/Gambling (except locations where it is allowed)
- Adultsites (except locations where it is allowed)
- Sites promoting illegal activities
- Fraud in any form
In order to protect from SPAM outbreaks and to comply with this Terms there is a restrictions for SMTP. All servers are restricted to have only one IP address per server which is allowed to send outgoing E-mail messages. Inbound messages are not limited.
ABUSE COMPLAINTS HANDLING
All complaints sent to abuse e-mail will be forwarded to you. In most cases you will have 24 hours to react and to resolve the issue. However, in case of emergency reaction required (to prevent malware spread and so on), we will suspend your service/account immediately, notify you and ask to resolve. Complaints which are not resolved within 24 hours may cause service or account suspension/termination. Any account found to be in repeated violation of ToS will be suspended/terminated.
ToS violation may cause: service suspension/termination, account suspension/termination or imposing limitations. Failure to fully comply with the ToS may result in an immediate suspension and/or termination without any refund or payout.
Deltahost reserves the right to remove/suspend any account or impose limitations without notice if the ToS is violated. If the Client violates the ToS, Deltahost will either give the Client warning or impose limitations or immediately suspend/terminate Client’s account without warning. Deltahost will choose appropriate action according to the situation.
Any attempted attack against any Deltahost server and/or Client being hosted by Deltahost and/or attempt to use Deltahost services without proper payment will be desiganted as ToS violation and result an automatic termination of the offending account without any refund/payout.
Client, who violated ToS, is banned permanently and not allowed to create another accounts. Creating another account by the offending Client will result blocking/termination of another account without any refund/payout.
If Deltahost choose to do so — blocking/ban can be removed after paying a consultation fee, which cover working time and other costs spent on the issue caused the problem. Amount of the fee is determined by Deltahost individually for each case.
Causing getting of IP adress(es) blacklisting (SBL, RBL) is designated as ToS violation.
The appropriate use of Deltahost affiliate program is to either post the code on your website which you own that promotes hosting. Anyone found to be using the Deltahostaffiliate program for other way then attracting new customers to Deltahost (i.e. using affiliate account in pair with a regular account to get discount) will have termination of account without any refund. The purpose of our affiliate program is to gain new customers we would have otherwise not had the opportunity to meet. Attempting to profit from customers who are already looking for Deltahost, is not how the program is intended to function.
ABUSE TOWARDS DELTAHOST
At Deltahost, Clients are treated with respect. In return, Deltahost expects an equal level of respect from their Clients. If Deltahost feels that a Client is being disrespectful or demeaning towards any staff member, the Client may be asked to move to a new hosting provider. That Client will then be given one week (7 days) to move to a new host. After this time period, Deltahost reserves the right to completely remove/terminate Client’s account. The Client will not be entitled to any refunds. However, refunds may be issued for advanced payments if Deltahost chooses to do so. If Client takes hacking attempts against Deltahost, Deltahost reserves the right to immediately remove/terminate Client’s account. The Client will not be entitled to any refunds. If Client will register new account — it also will be blocked without any refund.
DELTAHOST PROPRIETARY CONTENT
Except for content provided by Client, all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services («Deltahost Content»), are the property of Deltahost. Deltahost Content may not be used, modified, copied, distributed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this ToS. Client may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Deltahost Content.
BACKUPS AND DATA LOSS
Your use of Deltahost Services is at your sole risk. We do not do backup for VPS and dedicated servers. We do periodic backup for shared hosting services. However, your data safety is always your responsibility. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Deltahost servers. Deltahost is not responsible for storing data for the Services, which are already expired (was not paid). We will do our best and try to store your data for some time after service expiration. However, it is not guaranteed. Service and all data associated with it may be deleted after expiration. Deltahost will not activate new Services for Clients who have an outstanding account balance.
THIRD PARTY PROVIDERS
All relations/communications/transactions with third party providers are solely between you and the individual provider. Deltahost is not the agent, representative, trustee or fiduciary of you or the third party provider in any relation/communication/transaction. Deltahost is not reponsible for decisions of third parties.
RESELLER WEB HOSTING AGREEMENT
This ToS applies to Client’s Services as well. All content hosted on any Deltahost server is subject to this ToS.
CHANGES TO THE TOS OR TO THE SERVICES
Deltahost may modify, add, or delete portions of this ToS at any time. Deltahost will post a notice on the Deltahost website for a period of 30 days before the effective date of any such change. Thereafter, your use any of the Services shall constitute agreement to such change.
Deltahost may terminate your access to the Services, in whole or in part, without notice in the event that: you fail to pay any fees due; you violate this ToS; or as otherwise specified in this ToS. In such case, Deltahost shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Upon termination of the services for any reason, user content, user websites, and other data will be deleted.
Deltahost shall not be responsible for any damages a Client’s business may suffer. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Deltahostand its Clients. Deltahost makes NO WARRANTIES of any kind, expressed or implied for Services provided. Deltahost makes NO WARRANTIES of MERCHANTABILITY or FITNESS for a particular purpose. IN NO EVENT WILL DELTAHOST ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF DELTAHOSTIS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding anything to the contrary contained herein, Deltahosts’ LIABILITY to you, or any party claiming through you, FOR ANY CAUSE whatsoever, and regardless of the form of the action, is LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DELTAHOST FOR THE SERVICES IN THE THREE (THREE) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
GOVERNING LAW, JURISDICTION
Any controversy or claim arising out of or relating to this ToS, the formation of this ToS or the breach of this ToS, including any claim based upon an alleged tort, shall be governed by the internal laws of the Ukraine, without regard to conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this ToS.
Deltahost will never disclose your data to 3-rd persons. Deltahost may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. Deltahost will cooperate fully with law enforcement agencies. In case of abuses against Deltahost (fraud, hacking, etc) cyberpolice and CERT unit will be notified immediately, all available data will be shared with them.
This ToS, including documents incorporated herein by reference or otherwise referred to herein, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this ToS and such other agreements constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.