Legal

Terms & Conditions

Ordering our services and accessing your account/server is deemed acceptance of these Terms & Conditions and our Acceptable Use Policies. This is a summary of the main points of our Terms and Conditions, a full copy is available here.

Please note that hosting365 may terminate your account without notice and without refund for any breach of these Terms.

General Terms

  • We do not allow Warez, illegal MP3 Sites, Pornographic Sites or IRC Bots.
  • Your domain remains at all times your property as the registrant and can be transferred away from hosting365 at any time at your sole discretion.
  • Your server (inc FTP and Shell access) is for your personal use only. You must not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.
  • Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your server. Hosting365 accept no responsibility for any loss of data, however incurred.
  • We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
  • When your account is closed, all files (including web pages, etc.) will be deleted.
  • We reserve the right to cancel your account at any time without notice.
  • We reserve the right to amend and update these Terms and Conditions at any time without notice.
  • To protect your privacy we never distribute your name or e-mail address to any third parties.
  • Users must not participate in any form of un-solicited bulk e-mailing or Spam. Failure to observe this condition will result in immediate disconnection of service.

Refunds

  • If you take out one of yearly packages we expect you to commit for this period of time. Because of your commitment, we offer a discount on the normal monthly price of our accounts. If you cancel your account within your service period then hosting365 will not make any refunds on any unused portions of your account. While we do not offer refunds for pro-rated service you have no obligation to continue using our service.
  • In the event that hosting365 terminates your account for violation of these terms and conditions you will not be entitled to the return of any fees paid with respect to any such terminated account service.
  • You may cancel your account at any time by following these steps.
    • Send us a fax clearly indicating which server / service you want stopped
    • Submit a troublt ticket to accounts@hostinghosting365 informing them of your cancellation and your fax
    • Once you cancell at least 7 calendar days before the next billing period, you will not be charged. No refunds are provided for cancellation.

Credit / Payment

  • Credit Terms are not provided.
  • The customer is responsible for all charges on the service account until a written cancellation request is received by standard mail or fax, signed by the Administrative Contact for that account. When paying by Credit or Debit card, your card will automatically be billed the agreed amount on the recurring anniversary unless notice is received in writing to the contrary or you modify your billing profile through your control panel.
  • If your account/service is activated before payment is made then payment must be sent in full by return.
  • If payment is not made in full within 14 days your account will be suspended on our systems. If payment is still not made in the following 7 day period, your account will be deleted from our servers and all DNS services will stop.
  • If paying monthly, you will receive a monthly statement, available through your control panel. The admin email address specified in your control panel will receive all invoices, statements and notices and must be kept up to date. Hosting365 takes no responsibility for suspension of services where the customer has not maintained accurate contact information in the control panel.
  • Any refused/returned payment, by Credit Card, Laser Card, Standing Order, Direct Debit or Cheque, shall result in an administration fee of € 5 being applied to your account.

Bandwidth

  • If your bandwidth reaches the points where it has an adverse affect on other clients we reserve the right to disable your site or throttle your connectivity until you can reduce your bandwidth usage.

Web pages

  • Commercial use of web and ftp space is permitted.
  • You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate Irish or European law.
  • You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).
  • We reserve the right to remove material deemed inappropriate from your web pages, without prior notice. hosting365 does not allow Warez, Adult sites or illegal MP3 web sites on their servers.
  • Customer may not use the hosting365 services to create, host or transmit any unlawful, libellous, abusive, offensive, vulgar or obscene material or engage in activities deliberately calculated to cause unreasonable offence to others.

Acceptable Use Policy

hosting365 Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what hosting365 expects of them while using the service. All users of hosting365's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of hosting365 Service constitutes acceptance and agreement to hosting365's AUP as well as hosting365's TOS (Terms of Service)

Your violation of this AUP may result in the suspension or immediate termination of either your hosting365 account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of hosting365's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of hosting365's AUP:

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet service
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users
    We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records.

You may not use your dedicated system or virtual site to publish material, which hosting365 determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a hosting365 account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@hosting365.com

Violations Of Hosting365 Acceptable Use Policy

The following constitute violations of this AUP:

  • Illegal use:
    hosting365's services may not be used for illegal purposes, or in support of illegal activities. hosting365 reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
  • Harm to minors:
    Use of the hosting365 service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
  • Threats:
    Use of the hosting365 service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
  • Harassment:
    Use of the hosting365 service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
  • Fraudulent activity:
    Use of hosting365 service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters".
  • Forgery or impersonation:
    Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
  • Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM):
    Use of the hosting365 service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending hosting365 account.
  • E-mail / News Bombing:
    Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending hosting365 account.
  • E-mail / Message Forging:
    Forging any message header, in part or whole, of any electronic transmission, originating or passing through the hosting365 service is in violation of this AUP.
  • Usenet SPAMing:
    hosting365 has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
  • Unauthorized access:
    Use of the hosting365 service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of hosting365's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending hosting365 account is subject to immediate termination.
  • Copyright or trademark infringement:
    Use of the hosting365 service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  • Collection of personal data:
    Use of the hosting365 service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
  • Network disruptions and unfriendly activity:
    Use of the hosting365 service for any activity which affects the ability of other people or systems to use hosting365 Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. hosting365 will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
  • Fraud:
    Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
  • Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right:
    Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
  • Distribution of Viruses:
    Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
  • Inappropriate Use of Software:
    Use of software or any device that would facilitate a continued connection, i.e. pinging, while using hosting365 services could result in suspension service.
  • Third Party Accountability:
    hosting365 subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

  • You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
  • Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
  • Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
  • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
  • You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
  • You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
  • Users who violate systems or network security may incur criminal or civil liability. hosting365 will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance

hosting365 accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

Reporting Violations Of Hosting365 AUP

hosting365 requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@hosting365.com

If available, please provide the following information:

  • The IP address used to commit the alleged violation
  • The date and time of the alleged violation, including the time zone or offset from GMT
  • Evidence of the alleged violation
  • E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. hosting365 may take any one or more of the following actions in response to complaints
  • Issue written or verbal warnings
  • Suspend the Member's newsgroup posting privileges
  • Suspend the Member's account
  • Terminate the Member's account
  • Bill the Member for administrative costs and/or reactivation charges
  • Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

Revisions To This Acceptable Use Policy

Hosting365 reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).