TERMS & CONDITIONS

Terms of Services & Privacy Policy

TERMS OF SERVICES
Revision date: 25th August 2016

All services provided by HostMada ("HostMada") may 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 city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless HostMada from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to HostMada' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites

NOTICE: 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, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, HostMada WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic/Bandwidth Usage
All account plans come with a predetermined amount of traffic allowance. If the traffic is exceeded your account will be automatically suspended by our system without any advice. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

Banned Services
We currently do not allow the following activities to be operated on our servers:

  • Public Proxies / Public VPNs
  • TOR Network
  • IRC or IRC Bots
  • Outgoing DDoS Attacks
  • Traffic Exchange / Automated Browsing / AutoSurf
  • Public Game Servers (Minecract included)
  • TeamSpeak
  • Audio/Video Streaming
  • Pirated Softwares / Warez Sites
  • Phishing Sites
  • Mass Mailing / Spam Tools / Email Marketing
  • Illegal Downloads/Uploads
  • Bitcoin Mining
  • Hacking Attempts

All VPS clients are required to keep CPU and I/O Fair Share Usage.
We reserve the right to suspend your VPS if the IP gets blacklisted.
Your service may be suspended and no refunds will be provided if you are found to be running any operation listed above.

Spamming
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward HostMada, but also because it can overload HostMada' network and disrupt service to HostMada' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, HostMada will investigate and shutdown the account that is SPAMing. A $50 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore HostMada reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should HostMada choose to pursue and prosecute.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of HostMada 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.

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 HostMada must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, HostMada shall either: (1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to HostMada by no later than the specified payment due date. HostMada shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. 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 we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Cancellation
To avoid cancellation fees and termination fees, you may cancel your own service through your account panel at any time before the invoice due date. Your server is removed and recycled within 24 hours. Once you have cancelled your own server, that server cannot be put back online.
Failure to cancel your service before the due date will result in the service renewing automatically and you will be charged for an additional full month of service.

Service Fees
Certain services carry a setup fee charged by HostMada to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to HostMada and agrees to pay any and all fees incurred by client. 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.

Refund Policy
Due to the nature of our industry and the costs involved with provisioning and maintaining your service, we offer refunds in exceptional circumstances only.
To be eligible for a refund the service must be either in a non working condition or where you are not able to access the given features that are listed with your plan in the first 30 days of service.
All refunds will be processed within 7 working days.
Refund Policy doesn’t cover add-ons like SSLs, Additional IP Addresses, Licenses, Domains.
If a billing or chargeback dispute is opened for a refund your service will be terminated instantly. Your personal details might also be reported to MaxMind and FraudRecord.

Limitation of Liability
HostMada shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from HostMada ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, HostMada shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of HostMada ' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to [email protected] All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
HostMada cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by HostMada are resold. Thus, certain equipment, routing, software and programming used by HostMada are not directly owned or written by HostMada. Moreover, HostMada holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as HostMada sees fit.

Account Activation
By activating your account with HostMada, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

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 or support ticket prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
HostMada guarantees 99,9%% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime (5% per hour).

HostMada reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

PRIVACY POLICY
Revision date: 25th August 2016

HostMada has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms
Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with the customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the user's identity.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: [email protected]

ACCETTABLE USE POLICY
Revision date: 25th August 2016

As a provider of web site hosting and other Internet-related services, HostMada 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. HostMada respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, HostMada reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, HostMada has developed an Acceptable Use Policy ("AUP"), which supplements and 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 HostMada' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that HostMada cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because HostMada cannot monitor or censor the Internet, and will not attempt to do so, HostMada cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that HostMada does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over HostMada' network and may reach a large number of people, including both subscribers and non-subscribers of HostMada, subscribers' postings to the Internet may affect other subscribers and may affect HostMada' goodwill, business, reputation or operations. For these reasons, subscribers violate HostMada policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, HostMada does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
HostMada does not allow adult content and will suspend/terminate any offending account.

Large File Policy:
HostMada is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail [email protected] In case of VPS Hosting service there is no limit in size for any file extension. Please handle it at your own discretion, the OpenVZ VPSs are not planned to be used as backup storage.

Obscene Speech or Materials:
Using HostMada' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. HostMada 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.

Defamatory or Abusive Language:
Using HostMada' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

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).

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.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
HostMada reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that HostMada determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. HostMada will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with HostMada' policy or applicable law. However, when HostMada becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by HostMada.

HostMada is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching HostMada' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. HostMada does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. HostMada reserves the right to directly take action against a customer of its subscribers. Also, HostMada may take action against the HostMada' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, HostMada anticipates that subscribers who offer Internet services will cooperate with HostMada in any corrective or preventive action that HostMada deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of HostMada policy.

HostMada will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. HostMada may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, HostMada may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. HostMada assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, HostMada may disclose subscriber information or information transmitted over its network where necessary to protect HostMada and others from harm, or where such disclosure is necessary to the proper operation of the system. However, HostMada will never sell information to other services or outside companies.

HostMada expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate HostMada policy. Finally, HostMada wishes to emphasize that, in signing the Service Agreement, subscribers indemnify HostMada for any violation of the Service Agreement, law or HostMada policy resulting in loss to HostMada or the bringing of any claim against HostMada by any third party. This means that, if HostMada is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against HostMada, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including HostMada and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to [email protected]



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