These Terms of Service set forth the terms and conditions of Your Use of hosting and related services. In this Agreement “You” and “Your” refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to Stormerhost, as well as its subsidiaries. This Agreement explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by Stormerhost (“Services”). When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement.
You agree that StormerHost may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes StormerHost may reasonably make to this Agreement when such changes are made. If You have purchased Services from StormerHost, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.
You agree to maintain accurate information by providing updates to StormerHost, as needed, while You are using the Services. You agree You will notify StormerHost within ten (10) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within ten (10) business days to any inquiries made by StormerHost to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if StormerHost has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, StormerHost has the absolute right, in its sole discretion, to terminate its Services and close Your account.
StormerHost 's Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and StormerHost's responsibilities with regard to Your personal information. StormerHost will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that StormerHost, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. StormerHost will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to StormerHost as part of the Services with regard to:
(i) the purposes for which such third party’s personal data has been collected;
(ii) the intended recipients or categories of recipients of the third party’s personal data;
(iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and
(iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to StormerHost in the future. StormerHost is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.
StormerHost’s Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP.
By using any Services, You agree:
- -not to violate the laws, regulations, ordinances, or other such requirements of any applicable Federal, State, or local government.
- -not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
- -not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- -not to make, attempt, or allow any unauthorized access to StormerHost website, servers, your own hosting account, or the account of any other customers of StormerHost.
- -not to allow any remote code execution of malicious software through the hosting account provided by StormerHost.
- -not to cause denial of service attacks, port scans, or other endangering and invasive procedures against StormerHost servers and facilities or the servers and facilities of other network hosts or Internet users.
- -not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
- -not to use StormerHost services to host any website, other content, links, or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography, or other content deemed adult related; profess hatred for particular social, ethnical, religious or other groups; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money-making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
- -not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / RPG’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers, and Spam Scripts.
- -not to engage in or to instigate actions that cause harm to StormerHost or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by any online spam database, actions resulting in DDOS attacks for any servers, etc. StormerHost reserves the right to refuse service to anyone at Our discretion. Any material that in StormerHost judgment, is either obscene or threatening is strictly prohibited and will be removed from StormerHost servers immediately with or without prior notice and may lead to possible warning, suspension, or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, StormerHost will take corrective action at our own discretion and will notify You. StormerHost decision in such a case is binding and final, and cannot be a subject of further change. StormerHost cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to StormerHost or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date unless You have taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. StormerHost will not be liable for any loss or damages in such cases.
At its discretion, StormerHost can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of the removed content.
Server Resource Provision: Your use of the server resources shall not endanger the capacity and operation of the shared server.
Disk Usage Provision: The content on your website must be linked from an HTML or similarly coded web page with all content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML-based text and graphics. Your hosting account should consist mostly of HTML and PHP files.
Downloadable files, media, databases must comply with the following limitations:
- -A maximum of 50GB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files;
- -A maximum of 50GB of a shared hosting account can be allocated to any archive and disk image files containing the complete contents and structure of a data storage medium;
- -A maximum of 50GB of a shared hosting account can be allocated to databases and database dumps including but not limited to .sql files;
- -A maximum of 50GB of a shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program.
- -As a part of disk usage optimization, error_log files on our Shared and Reseller servers are size-limited to 10MB per file and 1000 rows with the latest logs.
Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.
Under its sole discretion, StormerHost reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with StormerHost and shall be made at its reasonable discretion.
Backup Limitations. Any Shared Hosting account that uses more than 25 GB of disk space will be removed from our weekly system backup. Any user whose hosting account is using more than 25 GB of disk space is solely responsible for maintaining the copy of his/her account.
Softaculous backups are stored for 28 days. Once this period is over, the backup will be removed from the server and no copy will exist. Additionally, when using the backup rotation option, you are allowed to set 10 copies maximum per each script you have installed using Softaculous. The eleventh copy of your site will replace the earliest backup file, the first one, generated for the website installation.
Your use of the service is at your sole risk. We are not responsible for files and 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 our servers.
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server.
You shall be solely responsible for undertaking measures to:
(i) prevent any loss or damage to Your server content;
(ii) maintain independent archival and backup copies of Your server content;
(iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Stormerhost servers; and
(iv) ensure the confidentiality of Your password. Stormerhost's servers are not an archive and "Stormerhost" shall have no liability to You or any other person for loss, damage or destruction of any of Your content.
StormerHost provides some third-party software to You for easier account management including, but is not limited to cPanel, Fantastico, Softaculous, etc. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. StormerHost does not take responsibility for any faults in such software functioning. You agree that Your use of any "StormerHost" Services shall be used by You in accordance with the terms of any relevant third-party licenses. Your failure to abide by any third-party license may result in the immediate termination of Your Services by StormerHost.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by StormerHost. Your use of any third party software is at Your own risk. StormerHost does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. StormerHost will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. StormerHost reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.
All fees for the Services shall be in accordance with StormerHost's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. StormerHost may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due StormerHost remains unpaid fourteen (14) days after such payment is due, StormerHost, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There will be a GHC 50.00 fee to reinstate accounts that have been suspended or terminated.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, StormerHost will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at StormerHost's then current rates.
The initial term of Your agreement with "StormerHost" shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with StormerHost shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.
This agreement may be terminated:
(i) by You by submitting a helpdesk ticket under Billing Issues category at least three (3) working days before the account is due to renew; or
(ii) by StormerHost at any time, without prior notice, if, in StormerHost's judgment, You are in violation of any terms or conditions herein; or
(iii) in StormerHost's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon StormerHost or could disrupt StormerHost's business operations; or
(iv) by StormerHost if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either StormerHost or StormerHost.
In the event of termination or suspension of Services under the above circumstances, You agree
(a) that no pre-paid fees will be refunded to You; and
(b) that StormerHost may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of StormerHost.
You may receive a refund if Your account is cancelled within the initial 15 days after sign up. If the account holder cancels after the time period specified, there will be no refund given.
Refunds do NOT apply to domain registration related fees, renewals, any licenses that are not included into the package and are purchased at additional fee.
In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs StormerHost incurs in closing your account. You agree to pay any and all costs incurred by StormerHost in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, StormerHost may delete all information related to you on the Services.
You may receive a refund if Your account is cancelled within the initial 15 days after sign up. If the account holder cancels after the time period specified, there will be no refund given.
Refunds do NOT apply to domain registration related fees, renewals, any licenses that are not included into the package and are purchased at additional fee.
In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs StormerHost incurs in closing your account. You agree to pay any and all costs incurred by StormerHost in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, StormerHost may delete all information related to you on the Services.
-Each referral is eligible for onetime commission. Renewals and recurring payments are not eligible for commission.
-You will NOT earn a commission on the purchase of your own personal hosting accounts.
-Customer’s direct purchase from StormerHost is not subject to any commission.
Any sales generated in conjunction with special discounts or coupons are subject to commission for sale amount only.
- Any illegal activity like spamming, iframe to hacking type of activity will not consider and may result of deactivated of account.
StormerHost provides customer support to You at no additional fee for issues related to StormerHost service only. StormerHost has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable.
You can request customer support by sending us a Support ticket in the client area , sending us an Email, Live chat or Calling us on our phone lines.
The web hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of StormerHost is to provide space to serve web documents, not as an off-site storage area for electronic files and is governed by the AUP. Violations of the AUP or any other provisions of this Agreement may result in termination of the Services provided by StormerHost, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of StormerHost based upon the severity of the violation. StormerHost reserves the right to refuse Service if any of the content within, or any links from, the Your website is deemed illegal, misleading, or obscene, or is otherwise in breach of StormerHost's AUP, in the sole and absolute opinion of StormerHost. You agree that StormerHost shall not be liable to you for loss or damages that may result from its refusal to host your website or provided the Services under this Agreement.
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, 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 any liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with us;
(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 StormerHost.com’s server. We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We 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 us and our employees.
Changes to the TOS
We reserve the right to revise its policies at any time without notice.