Terms of Service

The Services We Provide

In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term "services" refers to the web hosting services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term "HostMop" or "us" or "we" refers to HostMop

1.Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with HostMop, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. HostMop is not responsible for a lapsed registration due to out-dated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

2. Transfers

Our transfer team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

Domain transfer policy can refer to the following link,
http://my.hostmop.com/knowledgebase/265/Domain-Transfer.html
Hosting transfer policy can refer to the following link,
http://my.hostmop.com/knowledgebase/266/Transfering-hosting-account-without-downtime.html

3. Content

All services provided by HostMop may only be used for lawful purposes. The laws of Commonwealth of Australia, United States of America and Republic of Indonesia apply.

The customer agrees to indemnify and hold harmless HostMop from any claims resulting from the use of our services.

For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorised copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@hostmop.com with the information required. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• MUDs/RPGs/PBBGs
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
• Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any HostMop server.
• Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

Examples of unacceptable material on all dedicated servers include:

• IRCD (irc servers)
• IRC Scripts/Bots
• Pirated Software/Warez
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/spam Scripts
• Escrow
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

HostMop services, including all related equipment, networks and network devices are provided only for authorised customer use. HostMop systems may be monitored for all lawful purposes, including ensuring that use is authorised, for management of the system, to facilitate protection against unauthorised access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorised purposes. Use of HostMop system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorisation from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. HostMop may, at its discretion, request and require documentation to prove access to a third party network or system is authorised.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 24 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@hostmop.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to pornography or content perceived to be pornography:

Any site found to host pornography or linking to pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

4. Zero Tolerance Spam Policy & Email Usage

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organisation or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Each domain has a limit to send 500 emails per hour, any email sent more than this time limit will received error message. If this happens, please wait for 1 hour to send further email.

Email sent using email client (pop3/imap) can only be checked 60 emails every hour in 1 IP address, if this happens you will usually receive error message, or wrong password error message. To avert this situation, please deactivate auto-checking or set higher checking duration.

If you are using mailing list, no matter how big your email storage, email sending need to use ‘throttle’ 1 email for every 8 seconds, therefore in one hour you can send 450 emails that does not breach your email send limitation. Mass emails in one go will cause high server load time therefore causing server instability and service interruption. If your software cannot do throttle, we suggest you to use PHPlist.

HostMop reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

HostMop reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of HostMop.

5. Payment Information

You agree to supply appropriate payment for the services received from HostMop, in advance of the time period during which such services are provided. You agree that until and unless you notify HostMop of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account’s invoices are paid outside of the 3 days grace period, invoices will not be automatically generated. However, after the customer notifies HostMop of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

Cancellations must be done in writing. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been cancelled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done in writting to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of HostMop, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify HostMop of your desire to cancel any or all services received, those services will be billed on a recurring basis, unless otherwise stated in writing by HostMop. HostMop reserves the right to bill your credit card or billing information on file with us. HostMop provides a 3 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 3 days and not paid will result in a 25% late fee and/or an account suspension until account balance has been paid in full. The 25% late fee is applied in addition to whatever else is owed to HostMop for services rendered. Access to the account will not be restored until payment has been received.

It is the customer’s responsibility to notify our sales team via email at sales@hostmop.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and HostMop cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@hostmop.com

When you sign up, your HostMop account will be enabled with autorenewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you have any questions as to when your renewal date is, simply login to https://my.HostMop.com, or give us a call. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term. Your account renew dates are always listed in https://my.HostMop.com.

If more than 3 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed. If in the following 3 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately. You must have an active method of payment upon your account for your autorenewal at all times, failure to do so can result in your account being suspended or cancelled automatically. Late fees are applied 25% from the total invoice amount.

If, however, 27 days pass from the date on which your account is suspended and you have not made payment in full, HostMop shall have the right to delete all data you have uploaded to the servers. To summarise, if you get 30 days behind in making payments, your data will be deleted. You hereby acknowledge that this is HostMop’s policy when it comes to data retention, and waive all rights in and to your data in these situations.

Every customer who orders product and services from HostMop shall follow these steps:

1) Register/order product and services over the internet
2) Payment methods can be done as follows:
a. Credit Card
b. Internet Banking
c. Direct Deposit
d. PayPal/PayMate
3) For verification and validation of payment, CUSTOMER must do payment confirmation online through HostMop website or send proof of payment using email to billing@hostmop.com.
4) Order whose pass its invoice due date is deemed cancelled and any data regarding the order will be erased.
5) Overdue payment will results in 25% fine from the total amount of payment.
6) Domain name in redemption period is CUSTOMER’s responsibility.
HostMop reserves the right to change the monthly payment amount and any other charges at any time.

6. Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is ran on Sunday of each week, overwrites any of our previous backups made, and only one week of backups are kept.

This service is provided to you as a courtesy. HostMop is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HostMop servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by HostMop.

HostMop shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site.

We will make every attempt to retain weekly backups. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis or sign up for our daily backup service.

• Backup-able file is files that age a week before backup request has been made.
• Any file over 40MB in size will not be backed up onto our backup servers and in the event of server failure will not be recoverable.
• Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
• User is solely responsible for making back-up copies of the User Web site and User Content.
• HostMop does not maintain backup copies of User Web sites or e-mail. HostMop cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available. Users should always copy all content of a Web site to a local computer and HostMop strongly suggest that Users make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.

7. Cancellations and Refunds

HostMop reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via email. HostMop gives you a 14 days money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

• Bank Wire Transfers
• Western Union Payments
• Checks
• Money orders

There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

Refund will be realized 15 working days after the filing of refund approved by HostMop and all refund procedures have been met.

8. Resource Usage

User may not:

1) Use 25% 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.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

Users are strongly recommended to:

1) 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")
2) To help reduce usage, do not force html to handle server-side code (like php and shtml).
3) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

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 utilising 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. 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.

9. INODES

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inodelimit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

For VPS customers, we allow up to 1.000.000.
inodes For dedicated server, we allow unlimited inode.

10. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

11. Unlimited Bandwidth, Disk Usage, Email and FTP accounts and other Unlimited Resoures.

HostMop provides Users with bandwidth, disk space and other resources, such as e-mail, mysql databases, and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in HostMop’s web pages describing the package of Services purchased at the time of purchase. In some cases, HostMop may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. HostMop reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User’s plan. User agrees that such usage shall not exceed the amounts set by HostMop for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by HostMop as in effect from time to time. These allotments are optimised and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with HostMop.

Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

HostMop will monitor User’s use of bandwidth, disk usage and other resources. HostMop, in its sole discretion, shall have the right to take any corrective action if User’s utilisation of bandwidth, disk usage or other resources exceeds the Agreed Usage, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User’s Web site, User Content, User’s electronic mail and e-mail services and/or other materials and services or termination the User’s account and of this Agreement, which actions may be taken in HostMop’s sole and absolute discretion.

12. Unlimited Domains

Unlimited domains refer to subdomains, parked domains and add-on domains. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. HostMop reserves the right to suspend, discontinue or delete the accounts of Users whose use of unlimited subdomains, parked domains and add-on domains results in or presents the risk of degradation of service to other customers, regardless of the amount of domains included in the User’s plan. User agrees that such usage shall not exceed the amounts set by HostMop for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by HostMop as in effect from time to time. These allotments are optimised and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with HostMop.

13. Money back Guarantee

On dedicated servers and collocation no refund will be honoured -- the 14 days money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of HostMop’s managed shared, VPS, and reseller servers carry a 14 day money back guarantee on them. If you are not completely satisfied with our services within the first 14 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

HostMop will not activate new orders or activate new packages for customers who have an outstanding balance with HostMop. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by HostMop in writing.

14. Uptime Guarantee

We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognise and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.

Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. Uptime guarantees only apply to share / reseller solutions. Dedicated servers are covered by a network guarantee in which is not related to our uptime guarantee.

15. Reseller: Client Responsibility

Resellers are responsible for supporting their clients. HostMop does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. HostMop will hold any reseller responsible for any of their clients’ actions that violate the law or the terms of service.

16. Shared (non-reseller accounts) / Semidedicated Servers

Shared accounts may not resell web hosting to other people; if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

17. Dedicated Servers

HostMop reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacentre. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. HostMop reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@hostmop.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

18. Price Change

The amount you pay for hosting or any other services are able to change and increase from the date of purchase if the price changed caused by other vendor. We reserve the right to change prices listed on HostMop.com, and the right to increase and decrease the amount of resources given to plans at any time.

19. Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

20. VPS

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

HostMop gives you a14 days money back guarantee on Virtual Private Servers for any customer who paid the first invoice with a credit card or with Paypal.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

• Bank Wire Transfers
• Western Union Payments
• Checks
• Money orders

VPS accounts may not:

• Exceed a 15 minute load average greater than two (2) times the amount of CPU cores given.
• Run public IRCd’s or malicious bots.
• Run any type of BitTorrent client or tracker that links to or downloads illegal content.
• Use an Open/Public proxy, or utilize a proxy to access illegal/malicious content.
• Use I/O intensive applications which adversely affect normal server operations.

VPS accounts come with aninode limit of 1,000,000 to better protect the file system.

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. HostMop is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HostMop servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by HostMop.

21. Indemnification

Customer agrees that it shall defend, indemnify, save and hold HostMop harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against HostMop, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HostMop against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostMop; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from HostMop’s server.

22. Arbitration

By using any HostMop services, you agree to submit to binding arbitration. If any disputes or claims arise against HostMop or its subsidiaries, such disputes will be handled by an arbitrator of HostMop’s choice. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.

23. Disclaimer

HostMop shall not be responsible for any damages your business may suffer. HostMop makes no warranties of any kind, expressed or implied for services we provide. HostMop disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by HostMop and its employees.

24. Disclosure to law enforcement

HostMop may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

25. Corrective Action

If HostMop takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User’s Web site, User Content and/or User’s electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilise: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorisation; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If HostMop learns or discovers that User is violating any law related to User’s Web site, User Content and/or User’s electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, HostMop may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User’s Web site, User Content and/or User’s electronic mail.

User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. HostMop will use commercially reasonable efforts to e-mail Users who are at or near their utilisation limits, but HostMop does not take responsibility if e-mail notification(s) is not received by the User. HostMop reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.

26. Changes to the TOS

HostMop reserves the right to revise its policies at any time without notice.