By accepting any services provided by Hostica.com, ALL customers, users, agents, those who use an agent as a representative, consultant and their clients, or any other source or persons directly or indirectly using Hostica services are all agreeing and are bound by our terms of service. TOS - Terms of Service (pdf)
TERMS OF SERVICE
All HOSTICA accounts are bound by HOSTICA’s policies. Violation of these policies will result in warnings, account suspension, account termination, and/or legal action, depending on the severity of the violation. HOSTICA is not responsible for the content of its clients, however all clients must abide by this Terms of Service policy. No refunds will be given for accounts terminated due to a Terms of Service violation.
Electronic Signature (your acceptance of this agreement)
By clicking the 'I Agree' selection below, you are digitally signing this agreement and you will become legally bound to this contract just as if you were signing a legal document by hand. Do NOT continue with the automated signup process if you are not signing digitally. We are in conformance with the United States Federal 'Electronic Signatures in Global and National Commerce Act' [USC 15 §7001] and 'California Digital Signature Regulations' [CA Gov't Code §16.5].
As part of the acceptance of hosting services, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: your full name and postal address (or, if different, that of the account owner) the full name, postal address, e-mail address, and voice telephone numbers of the administrative contact for the hosting account the full name, postal address, e-mail address, and voice telephone numbers of the billing contact for the hosting account. Failure to keep this information current could result in missed account notices, missed account warnings, and possible suspension or termination of hosting account.
Customers may not use HOSTICA facilities and capabilities to conduct, or solicit the performance of, any illegal activity, or to conduct any other activity that infringes on the rights of HOSTICA or any third party. All services provided by HOSTICA must be used in compliance with the law of the United States of America as well as the State of California.
HOSTICA accounts may not host, be portal to, or handle material that directly or indirectly contains nudity, pornography, adult material, obscenity, discriminatory/hate propaganda, hacking-related material, phishing, fraudulent activity, material which promotes the illegal distribution of software (“warez”), or any material that results in reasonable complaints from other customers or third parties.
Intellectual property rights
Customers may not upload or transmit any message, data, image or program that would violate the property rights of others. This includes the unauthorized transmission of copyrighted text, images, music, programs, trade secrets, confidential or proprietary information, trademarks, service marks, trade names, or any other proprietary rights of others. Customers may not upload or transmit any information which is libelous or defamatory, or which violates or infringes on any right of privacy of any person. It is HOSTICA’s policy to terminate the accounts of any customer, in appropriate circumstances, who is a repeat infringer. However, HOSTICA expressly reserves the right to terminate or suspend the service of any customer, even for a single act (or claimed act) of infringement. Any disputes or inactions which result in attorneys’ fees to HOSTICA will be charged to your account. If you believe that any material is being transmitted, stored, or posted on the HOSTICA network in a manner that violates the copyright owner’s rights under the United States copyright laws, you may notify HOSTICA's designated agent of the claimed infringement as follows:
Copyright Infringement Claims Department
21143 Hawthorne Blvd. #312
Torrance, CA 90503
Your notice must comply with the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"), in order to be effective. Filing a false notice, or making misrepresentations concerning copyright infringement or a counter notification by a subscriber, can result in attorneys' fees, costs, and other penalties being assessed against you under the DMCA.
Web Hosting Renewal Policies
HOSTICA will automatically renew your web hosting account at the end of the initial billing cycle and every billing cycle thereafter, regardless of the status of domain(s) within the account (i.e.; current/valid or expired). The payment method currently active within the account will be the method of payment used to renew the web hosting service. It will be your responsibility to update your payment method with any changes in credit card numbers (including expiration dates, CVV codes, etc.), check payment or PayPal information. Please note all payments must be in US funds drawn on US banks. If you wish to cancel your web hosting account to avoid recurring billing, you MUST follow the cancellation procedures prior to the next billing cycle as outlined in the “Cancellations” and “Termination of Agreement” Sections. There are NO exceptions to this policy. Domain Name Registration Policies HOSTICA offers domain name registration services through our affiliation with Open-SRS (a Tucows company). As a courtesy to all of registering customers, we are automatically assigned as technical contact for your domain name. This is strictly a convenience and in no way implies that we are responsible for the content or administration of the web site associated with the domain name. If you would like to change this information to yourself or any other designated party, you are encouraged to do so. Simply login to manage your whois record and make the appropriate changes.
HOSTICA WILL NOT register domain names over the phone or by mail. The ONLY method for domain name registration is through our web site and online process. There are NO exceptions to this rule.
One dollar domain registration
One dollar domain registration for new accounts is a promotion that applies only to the first year of the domain newly registered at the time a new hosting account is purchased. Henceforth normal renewal rates apply as stated on the domain renewals page to the promotional domain as well as any additionally registered domain. In the event of a 30-day money back request the full amount of the normal domain renewal price, not the promotion price, is counted as part of the setup fee and is non-refundable.
Domain Name Renewal Policies
We do not automatically renew your domain name. It will be your responsibility to renew the registration of your domain name. (Refer to the FAQ or help pages for information on differences between domain name registration and web hosting). Please make sure that your admin email address on the domain name whois record is valid to receive renewal notices. It is NOT our responsibility to keep track of this information. If you do not have a valid admin email address on the whois record of your domain name, you will miss the renewal notices that are automatically sent to you and your domain name may expire! Simply login to manage your whois record and make the appropriate changes.
Domain Name Renewals and Forfeiture
Domain names are registered for a finite period of time. You will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name. In the event that you fail to renew your domain name in a timely fashion, your registration will expire and we may, at our discretion, elect to assume the registration and may hold it for our own account, delete it or we may sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be made available for registration by a third party.
If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This parked or default page may feature advertisements posted by us for our own account.
If we have elected to renew the registration, you will be entitled to a grace period during which you may re-register the domain name from us. Additional costs may apply. During this grace period, we may post a parked page and/or may revise the “Whois” registration records to include our information. The domain name may also be listed for auction. If the name is sold during any such auction, it will be acquired by a third party on a provisional basis and will remain available for re-registration by you during our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded.If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.
Domain Transfer Policies
HOSTICA and its employees cannot and will not be responsible for domain name transfers. We do not do transfers or renewals on a customers behalf. We do not track transfer progress of any domain individually. You are solely responsible to track the transfer process and comply with all emails sent for confirmations regarding transferring your domain name or renewing your domain name. Please refer to the whois lookup to keep track of the progress of your request as it is not possible for us to know what your current registrar is doing.
How to Cancel Your Hostica Account
You may cancel your whole account or any one of your hosting services at any time. Please contact firstname.lastname@example.org
Domain registrations are an ICANN fee and are NOT REFUNDABLE!
THERE WILL BE NO REFUNDS ISSUED FOR THE CURRENT BILLING CYCLE. THERE ARE NO EXCEPTIONS TO THIS POLICY UNDER ANY CIRCUMSTANCES.
30 Day Money Backup Option
Aplies only to new acccounts created within the first 30 days of service.
How to Cancel Your Hostica Account
Domain registrations are an ICANN fee and are NOT REFUNDABLE!
Setup fee is NOT REFUNDABLE!
If you cancel during the 30 day trial period, and you registered a domain at that time, domain registration fee is assessed at the full registration price.
You must contact email@example.com to complete the cancellation.
Use of the Service
You and any members of your household/company are the only individuals who are authorized to access the Service through your HOSTICA account. You must not permit anyone else to access the Service through your account and must ensure that all authorized users of your account comply with this Agreement.
You are responsible for maintaining the confidentiality of passwords used by you or members of your household/company.
You are responsible for all charges assessed as a result of use of your account. However, HOSTICA will not hold you responsible for charges attributable to an unauthorized user's access to your account without your permission, provided that you notify HOSTICA within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.
Except for software provided by HOSTICA, you are responsible for providing and maintaining all equipment and other software necessary to access the Service; including but not limited to: PHP scripts, CGI scripts, and MySQL databases you have uploaded to our servers.
You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects HOSTICA to liability; or is in contravention of HOSTICA's Terms of Service. You agree to comply with all HOSTICA security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.
Responsibility for Data
Even though we backup the data on our servers periodically, we do not guarantee your information will be available to be restored by us in an emergency. We therefore strongly recommend that you keep a complete backup of your website, emails and all files for your security and safety.
Interference with service
There shall be no attempt to gain unauthorized access to HOSTICA systems or accounts, disrupt service or network connectivity, misuse HOSTICA facilities, or create fraudulent accounts.
Jatek Corporation, Inc. and HOSTICA has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited commercial email). This policy protects our customers as well as the internet community from the negative effects of " spam" related activity. HOSTICA defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender.
- HOSTICA customers, customers of HOSTICA customers or any other user of Bandwidth and/or services on our network (herein described as 'users') are prohibited from sending UBE/UCE. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. HOSTICA may consider the lack of such proof of explicit affirmative permission of a questionable mailing as UBE/UCE at its sole discretion.
- HOSTICA customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for it's (the open mail relay) operation. Any infractions of this policy will result in a discontinuation of service.
- HOSTICA customers may or may not be notified in the event that they may be hosting sites listed as violators of the above policy. Failure to rectify such situations will be cause for termination without prior warning.
- HOSTICA customers are prohibited from providing hosting services for websites that have been included in UBE/UCE. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.
- Valid complaints received by HOSTICA will be made available to customer. HOSTICA may block Traffic to and from the IP Address involved in the UBE/UCE complaint until the problem is resolved and HOSTICA reserves the right to suspend and or cancel ANY AND ALL SERVICES and/or permanently disable all Traffic to an account involved in a UBE/UCE complaint. All users are responsible for maintaining a working email contact and updating that information with HOSTICA when it changes.
- THERE WILL BE NO REFUNDS ISSUED TO ANY HOSTICA CUSTOMER THAT HAS VIOLATED THE SPAM (UBE/UCE) POLICY WITHOUT REGARDS TO THE ACCOUNT'S STATUS OR DELETION OF ACCOUNT/TERMINATION OF CONTRACT AS PER THE TERMS OF SERVICE AS OUTLINED IN THE "CANCELLATION" SECTION OF THIS DOCUMENT
- To learn more about HOSTICA’s spam security procedures, please visit:
Spam Security Procedures
Malicious Content, Exploits, and Vulnerabilities
If Your Website Is Hacked :
Hostica does not tolerate malicious content on our servers and will not allow our servers or services to be used for such purposes. We do not accept or tolerate Websites that contain malicious content either intentionally or through exploits in the scripts running on them.
If Hostica receives complaints, or if we find that your website contains malicious content, we will disable access to your website for a period of no less than 5 days. All files will be removed from the website. The owner will be required to respond by email to Hostica stating that they will cease using malicious content on their website, and that they will take every precaution to keep their software patched and updated. We will require a reactivation fee to be paid before the site is reactivated.
In the event that we receive further complaints after the site has been unlocked the first time, We will terminate the hosting and email boxes associated with domain name in question.
If you are uncertain about the software you are using, we suggest you contact the software developer to ensure the current version is secure from exploits.
Malicious Content : Hostica takes a zero tolerance approach to malicious content hosted on our servers. Very simply this means that customers/resellers of Hostica may not host malicious content on our servers or permit their websites to be the transit of malicious content through exploits and vulnerabilities in the software used on their sites. Customers/Resellers of Hostica may not host, or permit hosting of, sites containing malicious content. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
In the event that any virus or destructive element is found or furnished with any content, the customer will use their best efforts upon learning that such situation exists, to immediately eliminate the virus or destructive element. Customer will notify HOSTICA as to the existence of any such virus or destructive element immediately upon discovery thereof, and HOSTICA will have the right to take any steps it deems necessary to eliminate the virus or destructive element and to be reimbursed by the customer for its costs relating to any such commercially reasonable steps.
CGI, FreeCGI, SSI, Miva, PHP, database services, and other CPU-intensive features utilize server CPU-time that is drawn from a common pool shared by all users on a particular system. Any site that monopolizes the CPU, causes disruption of service, or negatively impacts server performance will not be allowed. HOSTICA reserves the right to immediately terminate any harmful CGI process.
Email accounts may not be used for permanent storage. Read mail (left on the server) is subject to removal after 30 days.
Any account, which, due to extraordinary resource utilization, negatively impacts other customers, will be required to reduce resource utilization, move to a dedicated server environment or terminate your account. IRC bots and connections to IRC services will not be allowed under any circumstances.
A large portion of the Domains that we host only receive around 1000-2000 page views per month. Due to this, they are only using a small percentage of a GB of transfer per month.
A site's Bandwidth is considered very resource intensive at (10% of system resources, CPU load or 10% of the transfer allotted to that server). Normally you can get around 50,000 standard pageviews per GB of transfer. Real Audio/Video and/or a CGI or graphic intensive site will consume more Bandwidth than standard page views as each file that is called by a visitor consumes Bandwidth.
In the event that your site becomes very trafficked, there are a few things you can do to reduce the Bandwidth usage. Sometimes it can be a simple program change or researching to see if people are linking to your graphics or files (that is a very fast way to eat up your Bandwidth - so do not let people link to your stuff).
When you log into your control panel, you will see a transfer limit. This is a set limit.
Monthly Traffic is another word for allowed Bandwidth per month. Bandwidth is a measurement of the amount of data transferred to visitors of your site. HOSTICA provides enough of data transfer per month, for the majority of sites. If you still need more, see products page for additional per month Traffic costs.
Technical Support Policies
HOSTICA provides technical support for our customers only. HOSTICA provides support for all server-related website and email issues. HOSTICA does not offer technical support for application specific issues such as CGI programming, HTML or any other such issue. HOSTICA does not provide technical support for persons who have not purchased a hosting plan, nor technical issues unrelated to websites or e-mail. We encourage you to find answers to common technical issues at Help Center. You may also want to check the Help files in the program you are using as they may have the answer to your question. Please do investigate these resources before contacting technical support. You can reach our technical support department by sending an email to firstname.lastname@example.org.
Technical support is provided via e-mail to all classes of web hosting accounts. Telephone support is provided to specific classes of web hosting accounts ONLY and is subject to change without notice (please see Help Center for details).
No warranties are provided by HOSTICA.
Except for certain products and services specifically identified as being offered by HOSTICA, HOSTICA does not control any information, products or services on the internet and except for such HOSTICA-identified content, all merchandise, information and services offered, made available, or accessible on the internet are by third parties who are not affiliated with HOSTICA.
You assume full responsibility and risk for use of the service and the internet by you and your authorized users and visitors. The service is provided on an "as is" and "as available" basis. HOSTICA does not warrant that the service will be uninterrupted or error-free or that any information, software or other material accessible via the service is free of viruses, worms, Trojan horses, or other harmful components. HOSTICA makes no express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose regarding any merchandise, information or service provided through HOSTICA or on the internet generally. No advice or information given by HOSTICA, its employees, affiliates or contractors shall create a warranty.
HOSTICA shall not be liable for any costs or damages arising directly or indirectly from use of the service. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information, and the quality and merchantability of all merchandise provided through the service or on the internet generally.
Refusal of service
HOSTICA reserves the right to refuse service to anyone at its sole discretion.
HOSTICA respects the privacy of its customers, and will not sell or trade the names and addresses of its customers. HOSTICA does not require customers to be listed in HOSTICA 's customer directory. HOSTICA reserves the right to provide contact information upon request in matters relating to potential legal action, flagrant abuses, as required by law, or when appropriate contact information can not be found on the customer's website.
HOSTICA demonstrates its commitment to our customers' privacy by providing this statement. We will do everything in our power to ensure your right to privacy. We are committed to receiving your trust. HOSTICA will never intentionally violate that trust.
Personal data transmissions are encrypted When you order from HOSTICA, all your personal information is protected. We use Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers.
HOSTICA Will Not Sell Your Personal Information. HOSTICA keeps all your information confidential.
Monitoring the Service; Disclosure of Member Information
HOSTICA has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members. However, HOSTICA will not disclose member information to outside persons or entities for the purpose of soliciting HOSTICA members.
HOSTICA, in its sole discretion, may remove or refuse to post any information or materials, in whole or in part, which are unacceptable, undesirable or in violation of this agreement.
There are numerous federal, state and international laws regulating the use of the Internet. HOSTICA will not hesitate to initiate criminal prosecution and/or cooperate with government agencies relating to abuse of HOSTICA 's services or systems.
Promotional services and prices
HOSTICA may cancel specials or promotions at any time for any reason. Prices are subject to change at any time, and prices are only guaranteed for the initial period of prepayment for the current billing cycle.
If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in the “Cancellation” and “Termination of Agreement” Sections.
You agree to defend, indemnify, and hold HOSTICA and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
Under no circumstances shall HOSTICA, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any: use of your account or the service or your inability to use the service; access of the internet or any part thereof; or, your reliance on or use of information, services or merchandise provided on or through the service or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
Termination of Agreement
You may terminate this Agreement by using only the methods outlined in Cancellations Section. Your termination will only be complete upon your receipt of a confirmation from HOSTICA. Charges to your account will stop accruing the day you receive your confirmation. HOSTICA does not issue pro rata fee refunds.
HOSTICA may terminate this Agreement: at any time without cause upon 30 days prior notice; or, immediately upon notice if you, or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed in this agreement or you fail to pay any charges within 15 days of the date they accrue.
Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and, you must destroy or return to HOSTICA all copies of software and documentation that you received from HOSTICA.
Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
HOSTICA's right to enforce the provisions of this Agreement shall survive termination of this Agreement.
You may change or cancel your HOSTICA account by the following methods only:
email to email@example.com
Telephone calls directed to Billing/Customer Service Dept at +1.3102120190
First-class registered or certified mail, return receipt requested addressed to:
21143 Hawthorne Blvd. #312
Torrance California 90503
HOSTICA may provide notice to you by the following methods: Electronic mail (EMail) addressed to your email account; general posting to HOSTICA's web site at Hostica.com or by US Mail or courier service at the address you provided HOSTICA when you registered for the service. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
HOSTICA Policy Changes
HOSTICA is dedicated to providing the best web hosting service possible to every one of our clients. We are also dedicated to staying on top of available technology.
While HOSTICA will provide our clients with reasonable notification, HOSTICA reserves the right to change its policy at any time without prior notice to meet the needs of our customers, changing laws and new technology. This includes, but is not limited to, user and service agreement changes, server upgrades, patches, and security fixes.
HOSTICA's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Torrance, California with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and HOSTICA. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and HOSTICA, Inc. and/or your use of and/or HOSTICA's provision of systems and services hereunder, shall be brought and litigated, if at all, only in the state court system of the State of California. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without HOSTICA's prior written consent.
This Agreement, the Acceptable Use Policy, and the End-User License Agreement constitute the entire agreement between you and HOSTICA with respect to the Service.
HOSTICA reserves the right to alter, amend or modify this Agreement at any time without prior notice. No amendment or modification to this Agreement by you shall be valid or binding on HOSTICA unless made in writing and signed by both parties.
Under California Civil Code Section 1789.3, California subscribers are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.
Your continued use of HOSTICA services indicates your complete acceptance and legal binding to this entire Agreement without exception.
HOSTICA (R) is a Registered Trademark of the Jatek Corporation, Inc.