Terms of Services
All services provided by HostUnmetered.net (“HostUnmetered.net”) 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 HostUnmetered.net 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 HostUnmetered.net’ servers, or any other server on the Internet. Links to such materials are also prohibited.
Hostunmetered provides servers with vast amounts of bandwidth. Therefore we have to set limits on what customers can use per month.
1 Gbps servers: All 1 Gbps servers come with unmetered bandwidth, which equals to 1 Gbps 95th percentile billing
10 Gbps Servers: Hostunmetered provides the following bandwidth commitment plans below:
- 300TB or 1 Gbps 95th Percentile
- 450TB or 1.5 Gbps 95th Percentile
- 600TB or 2 Gbps 95th Percentile
- 1500TB or 5 Gbps 95th Percentile
- 10 Gbit Unmetered
When measuring bandwidth consumption, we do not base ourselves on the actual TB used per month because 10 Gbps ports can burst anytime. To ensure network stability and uniformity we use the
95th percentile metric with the following conversion formula: (1 Gbps equals to 300 TB per month). The actual TB’s consumed get calculated at the end of the billing cycle.
The customer will be asked to upgrade to a higher commitment plan if their usage exceeds the current allowance or Hostunmetered will ratelimit the port to the default 1 Gbps rate.
Any attempt to undermine or cause harm to a server or customer of HostUnmetered.net 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 HostUnmetered.net must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
By the Account Activation Date of each month, HostUnmetered.net 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 HostUnmetered.net by no later than the specified payment due date. HostUnmetered.net 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.
Certain services carry a setup fee charged by HostUnmetered.net 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 HostUnmetered.net 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.
Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
HostUnmetered.net shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from HostUnmetered.net ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, HostUnmetered.net 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 HostUnmetered.net ‘ servers. All damages shall be limited to the immediate termination of service.
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.
HostUnmetered.net 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 HostUnmetered.net are resold. Thus, certain equipment, routing, software and programming used by HostUnmetered.net are not directly owned or written by HostUnmetered.net. Moreover, HostUnmetered.net 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 HostUnmetered.net sees fit.
By activating your account with HostUnmetered.net, 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 phone prior to taking any action to provide you with an opportunity to correct the problem.
Delivery of Service
HostUnmetered.net does not guarantee any delivery time. Usually servers are setup within 24 to 48 hours but due to stock shortage some orders might take longer to complete. If you want to be informed about actual stock status, please contact our support desk before placing your order.
Server Uptime Guarantee
Although HostUnmetered.net has an excellent record for reliability, we do offer a basic SLA. Our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades. You can review our SLA at the end of this document.
HostUnmetered.net 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.
ACCEPTABLE USE AND SECURITY POLICIES (“AUP”)
1.1 All HostUnmetered.net customers are responsible for reviewing and complying with this Acceptable Use Policy. HostUnmetered.net customers who provide services to their own customers or other end users are responsible for compliance with the terms of this Policy by their end users and must take steps to ensure compliance by their users with this Policy. For the purposes of this Policy, “Customer” means each HostUnmetered.net customer to whom HostUnmetered.net provides services, and all employees, agents, and third parties to whom Customer makes HostUnmetered.net services available. HostUnmetered.net reserves the right to deny or terminate service to a Customer based upon the results of a security/abuse confirmation process used by HostUnmetered.net. Such confirmation process uses publicly available information to primarily examine Customer’s history in relation to its prior or current use of services similar to those being provided by HostUnmetered.net and Customer’s relationship with previous providers.
1.2 The actions described below are defined by HostUnmetered.net as “network abuse” and are strictly prohibited under this Acceptable Use Policy. The examples named below are not exhaustive and are provided solely for guidance to Customers. If any Customer is unsure of whether a contemplated use or action is permitted, it is Customer’s responsibility to determine whether the use is permitted by contacting HostUnmetered.net via electronic mail. The following activities are expressly prohibited, and HostUnmetered.net expressly reserves the right, at its discretion, to pursue any remedies that it believes are warranted which may include, but are not limited to, the issuance of written or verbal warnings, filtering, blocking, suspending, or terminating accounts, billing Customer for administrative costs and/or reactivation charges or bringing legal action to enjoin violations and/or to collect damages, if any, caused by Customer violations. Such actions may be taken by HostUnmetered.net without notice to Customer. In general, HostUnmetered.net Customers may not use HostUnmetered.net’s network, machines, or services in any manner which:
- violates any applicable law, regulation, treaty, or tariff, including but not limited to data privacy laws;
- violates the acceptable use policies of any networks, machines, or services which are accessed through HostUnmetered.net’s network;
- infringes on the intellectual property rights of HostUnmetered.net or others;
- violates the privacy of others;
- involves the resale of HostUnmetered.net’s products or services, unless specifically documented in a separate written agreement or in the initial Customer contract with HostUnmetered.net;
- involves deceptive online marketing practices including, without limitation, practices that violate the United States Federal Trade Commission’s guidelines for proper online marketing schemes;
- violates any specific instructions given by HostUnmetered.net for reasons of health, safety or quality of any other telecommunications services provided by HostUnmetered.net or by reason of the need for technical compatibility of equipment attached to the HostUnmetered.net Network;
- materially affects the quality of any telecommunications services provided by HostUnmetered.net; or
- otherwise violates this Acceptable Use Policy.
1.3 Prohibited activities also include, but are not limited to, the following:
- unauthorized use (or attempted unauthorized use) or sabotage of any computers, machines or networks;
- attempting to interfere with or denying service to any user or host (e.g. denial of service attacks and/or DNS spoofing attacks);
- falsifying user identification information;
- introduction of malicious programs into the network or Server (e.g. viruses, worms, Trojan horses, etc.);
- scanning the networks of others for vulnerabilities without authorization;
- executing any form of network monitoring (e.g. using a packet sniffer) or otherwise engaging in any monitoring or interception of data not intended for the Customer without authorization;
- attempting to circumvent Customer authentication or security of any host, network, or account (“cracking”) without authorization;
- using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
- “phishing”, that is simulating communications from and/or the website or other service of another entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service;
- “pharming”, that is using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service transmitting or receiving, uploading, using or reusing material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or similar third party rights;
- furnishing false or incorrect data on the signup form; or
- attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document “use” of HostUnmetered.net’s products and services.
It is the policy of HostUnmetered.net to respond expeditiously to claims of intellectual property infringement. HostUnmetered.net will promptly process and investigate notices of alleged infringement. Upon receipt of notices complying or substantially complying with UK Copyright law, when it is under its control, HostUnmetered.net will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. HostUnmetered.net will terminate access for Customers who are repeat infringers. For our IP transit, dedicated and collocation Customers, you must adopt and implement a copyright policy that reserves the necessary rights to remove or disable infringing material. If you believe that a copyrighted work has been copied and is accessible on our site in a way that constitutes copyright infringement, you may notify us by providing our registered copyright agent with the following information:
- electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
1.5 Notices of claimed infringement should be directed to [email protected] When HostUnmetered.net removes or disables access to any material claimed to be infringing, HostUnmetered.net may attempt to contact the Customer who has posted such material in order to give that Customer an opportunity to respond to the notification. Any and all counter notifications submitted by the Customer will be furnished to the complaining party.
2. ADDITIONAL TERMS APPLYING TO IP TRANSIT, DEDICATED INTERNET AND IP SERVICES
- falsifying header information or user identification information;
- attempted or successful security breaches or disruption of Internet communication including, but not limited to, accessing data of which Customer is not an intended recipient or logging into a Server or account that Customer is not expressly authorized to access;
- hijacking of IP space;
- sending unsolicited (“opt-out”) bulk email;
- maintaining an open mail relay and/or an open proxy; and
- collecting email addresses from the Internet for the purpose of sending unsolicited bulk email or to provide collected addresses to others for that purpose.
2.2 HostUnmetered.net IP transit, dedicated Internet access and collocation Customers who provide those services to their own users must affirmatively and contractually pass on the restrictions of this Acceptable Use Policy to its users, and take steps to ensure compliance by their users with this Acceptable Use Policy including, without limitation, termination of the user for violations of this policy. HostUnmetered.net IP transit, dedicated Internet access and collocation Customers who provide services to their own users also must maintain valid postmaster and abuse addresses for their domains, comply with all applicable Internet RFCs, maintain appropriate reverse DNS information for all hosts receiving connectivity through HostUnmetered.net’s network for which DNS responsibility has been delegated to the Customer, maintain accurate contact information with the InterNIC and any other appropriate domain, IP and AS registrars, take reasonable steps to prevent IP spoofing by their users and downstream customers, provide a 24/7 contact address to HostUnmetered.net for dealing with security and abuse issues, and act promptly to ensure that users are in compliance with HostUnmetered.net’s Acceptable Use Policy. Reasonable steps include, but are not limited to, using IP unicast reverse-path forwarding (“uRPF”) wherever appropriate and using IP address filtering wherever appropriate.
2.3 Email Generally
The following actions are prohibited:
- using email to engage in harassment, whether through language, frequency, or size of messages. Continuing to send someone email after being asked to stop is considered harassment;
- using email to disrupt (e.g., mail bombing, “flashing,” etc.) is prohibited;
- originating email with falsified header information;
- originating email with falsified or obscured information (e.g., encoded or “obfuscated URLs”) designed to hinder identification of the location of what is advertised;
- originating chain letters, pyramid schemes, and hoaxes;
- using the HostUnmetered.net or Customer account to collect replies to messages sent from another provider which violate these rules or those of the other provider; and
- using HostUnmetered.net services in connection with or in support of the running of a mail server in China without an appropriate license to run such a server.
2.4 Bulk Email:
Customers sending bulk email, using HostUnmetered.net services, may only engage in such activity through the use of “closed-loop opt-in” lists. Such Customers who send bulk email through “closed-loop opt-in” lists must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email. Sending unsolicited (“opt-out”) bulk email is prohibited and is grounds for termination of those services to Customers who engage in the practice. Sending “opt-out” bulk email from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by HostUnmetered.net, including without limitation, email, web, FTP, and DNS services, is prohibited. Customers may not advertise, distribute, or use software intended to facilitate sending “opt-out” email or harvest email addresses from the Internet for that purpose. In addition, Customers may not sell or distribute lists of harvested email addresses for the purpose of “opt-out” email. Customers who provide or make use of a service employing referral IDs will be considered responsible for unsolicited bulk email sent by members of the referral ID service that makes reference to services hosted by HostUnmetered.net. Customers who engage in the practice of unsolicited bulk email, as set forth above, from HostUnmetered.net accounts will be charged the cost of labor to respond to complaints, with a minimum charge of €200. Customers listed on an industry recognized spam abuse list, will be deemed to be in violation of this Policy.
2.5 Usenet newsgroups:
Customers should be familiar with the workings of Usenet by reading FAQs regarding Usenet at http://www faqs.org/usenet/ before becoming active participants. HostUnmetered.net places the following restrictions on newsgroup postings by its Customers:
- no illegal content, including pyramid/Ponzi schemes, infringing materials, or child pornography, is permitted;
- all postings should conform to the various conventions, guidelines and local culture found in each respective newsgroup and Usenet as a whole;
- commercial advertising is typically off-topic and/or a violation of charter in most Usenet newsgroups. Information about advertising on Usenet can be found in Joel Furr’s “Advertising on Usenet FAQ” www.faqs.org/faqs/usenet/advertising/how-to/part1/. For more information on “spam,” see the FAQ on “Current Usenet spam thresholds and guidelines” www.faqs.org/faqs/usenet/spam-faq/ which is regularly posted to the news.admin.net-abuse.misc newsgroup by Chris Lewis, or visit spam.abuse.net/;
- posting 20 or more copies of the same article in a 45-day period (“spamming”) or continued posting of off-topic articles after being warned is prohibited. Customers who engage in spamming using HostUnmetered.net accounts will be charged the cost of labor to issue cancellations and respond to complaints, with a minimum charge of €200. Customers who engage in spamming from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by HostUnmetered.net, including without limitation email, web, FTP, and DNS services, is prohibited and is grounds for termination of those services to those users;
- excessive crossposting (Breidbart Index of 20 or greater in a 45-day period) is prohibited. The Breidbart Index (BI) is calculated by taking the sum of the square roots of the number of newsgroups each copy of an article is crossposted to. If two articles are posted, one crossposted to 9 newsgroups and the other crossposted to 16 newsgroups, the BI = sqrt(9)+sqrt(16)=3+4=7. Crossposting articles to newsgroups where they are off-topic is prohibited; a good rule of thumb is that if you are crossposting to more than five newsgroups, it’s likely to be off-topic on at least one of them; and
- posting articles with falsified header information is prohibited. “Munging” header information to foil email address harvesting by “spammers” is acceptable provided that a reasonable means of replying to the message originator is given. Use of anonymous remailers is acceptable, so long as the use is not otherwise a violation of this Acceptable Use Policy.
Customers may not issue cancellations for postings except those which they have posted themselves, those which have headers falsified so as to appear to come from them, or in newsgroups where they are the official moderator.
2.6 The World Wide Web and FTP:
The web space and public FTP space included with a dialup account may not be resold or used for adult-oriented material. HostUnmetered.net reserves the right to require that sites using web or FTP space which receive high amounts of traffic be moved to other servers. Web pages and FTP files may not contain any material, text, or images, whether hosted on HostUnmetered.net servers or “transclusioned” (images from another site displayed on the page) which violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others. Web pages and FTP files may not contain links that initiate downloads of copyright-infringing or other illegal material.
2.7 Routing Protocols and Route Exchange:
In the event HostUnmetered.net identifies the Customer is sending excessive or unnecessary route publications, HostUnmetered.net reserves the right to limit the number or routes that will be accepted.
2.8 Internet Relay Chat:
Using IRC bots is prohibited. Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC is prohibited. Impersonating other users, advertising, and spamming via IRC is prohibited. IRC services which are serving as command and control channels for bots are prohibited and any violation shall subject Customer to filtering and blocking by HostUnmetered.net within 24 hours of HostUnmetered.net learning of such violation. HostUnmetered.net is not obligated to provide notice of such action to Customer.
2.9 Dialup Connections:
Customers may not run programs or configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless they have a dedicated Internet access account. Customers may not have multiple simultaneous connections with a single dialup account. HostUnmetered.net reserves the right to impose restrictions on or terminate accounts deemed to be in violation of these conditions. HostUnmetered.net’s dialup access servers will disconnect after 30 minutes of inactivity and after 12 hours of continuous access.
2.10 Storing Files:
The storage of any program, utility or file on HostUnmetered.net’s servers, the use of which would constitute a violation of this Acceptable Use Policy, is prohibited. For example, it is a violation to store hacker scripts, IRC bots, or spamming software on HostUnmetered.net’s servers.
3. VIOLATIONS AND CONTACT DETAILS
HostUnmetered.net has absolute discretion in determining whether a Customer’s activities or use of HostUnmetered.net services are in violation of this Policy. HostUnmetered.net reserves the right to suspend or terminate the provision of a HostUnmetered.net service or services for Customer’s breach of, or failure to comply with the Policy, which suspension or termination (i) may be immediate and (ii) may have a fixed or indefinite duration. Before taking such action, HostUnmetered.net shall notify Customer in writing and afford Customer a reasonable opportunity to remedy the alleged failure to comply with the Policy, provided only that no cure or notice period shall be required where the failure to so comply represents, in HostUnmetered.net’s reasonable opinion, an immediate and material threat to the integrity or security of the HostUnmetered.net Network or to the services HostUnmetered.net provides to others using its Network. In such circumstances, HostUnmetered.net shall provide Customer with notice of the service suspension at the same time as such suspension, or as soon afterwards as is reasonably practical. HostUnmetered.net agrees that any suspension of services pursuant to this paragraph will be as narrow in scope and duration as reasonably necessary for HostUnmetered.net to protect its Network, rights, property, personnel and other customers.
3.2 Information Accuracy:
This Policy is subject to change with notice by publication on this web site; Customers are responsible for monitoring this web site for changes. This Policy was last updated on August 1st, 2013. While HostUnmetered.net uses reasonable efforts to provide accurate and up-to-date information on this Web site, HostUnmetered.net makes no warranty or representation as to its accuracy. Moreover, information that may have been accurate at the time of posting may have changed and therefore may no longer be accurate or in effect. HostUnmetered.net undertakes no duty to update such information.
3.3 How to Contact Us:
To contact us with questions or comments regarding this Policy, please email [email protected] To contact us regarding claimed violations of this Policy, please email [email protected]
HostUnmetered.net uses all reasonable endeavors to comply with the Data Protection Act 1998 and the following principles:
- Personal data should be processed fairly and lawfully This means that individuals should not be deceived or misled into supplying information
- Data should only be obtained for a specified purpose and should not be used for any other purpose
- Personal data should be adequate, relevant and not excessive in relation to its purpose
- Personal data should be accurate and up to date where necessary
- Personal data should not be kept longer than is needed for its intended purpose
- Personal data should be processed in accordance with the rights of the individual whom the information concerns
- Appropriate measures should be taken against unlawful processing or destruction of records. Computer systems should have back up facilities and security provisions
- Personal data should not be transferred outside the European Economic Area (the EU states plus Liechtenstein, Iceland and Norway)
- HostUnmetered.net may require the User to provide personal information such as your name and email address when completing forms online or if you contact us with any comments or requests. HostUnmetered.net will only use this information for the purpose it was collected.
HostUnmetered.net may pass your details onto third parties who are contracted to provide services on behalf of HostUnmetered.net. Any third party that receives your information from us are obliged to use your details only for the purpose of fulfilling your request.
Any personal data collected by HostUnmetered.net will be evaluated periodically to determine whether it should continue to hold such data.
HostUnmetered.net strives to achieve 100% power and network uptime to avoid disruption to our clients. Our infrastructure has been designed from the ground-up with redundancy at every layer of operation including but not limited to, power, fiber, routing protocols, and router and switching hardware.
Should any single element or even multiple elements fails, our resilient infrastructure is there to minimise the impact to service. We therefore guarantee that your service will be available and without disruption no less than 99.99% of the time where factors are in our control. If our service falls below 99.99%, we will credit you the full amount in accordance with our SLA. Claims are a simple process of submitting a support ticket.
In the event of a service interruption, it is the client’s responsibility to inform our support department by support ticket, email or via telephone. Once we have been informed, our support team will investigate and use all reasonable means to resolve the problem within a timely manner.
By resolution of the problem from the time we are informed, this is defined as:
- If your dedicated server loses power, then when power is restored.
- If connectivity is unavailable due to a problem with our network or data centre, then when connectivity is restored.
|99.99 – 100%||0% credit|
|99.91 – 99.99%||5% credit|
|99 – 99.91%||10% credit|
|97 – 99%||15% credit|
|95 – 97%||40% credit|
In every case, we reserve the right to make a final decision on any particular SLA claim and subsequent credit.
What is not covered by the SLA
Your service might adversely be affected by factors outside of our control. These includes but not limited to:
- External network issues outside of our autonomous system
- Scheduled maintenance where reasonable notice has been provided
- Emergency maintenance
- Server or operating system compromises such as viruses and exploits
- Hardware failure such as ram, power supply, or HDD/SSD
- Floods, earthquakes, civil disturbance etc. usually covered under ‘force majeure’
- Denial of Service attacks which renders any part of our network inaccessible or cause significant packet loss. Please note that basic filtering is included as a general network policy for all dedicated Servers.
- Service suspension for reasons such as non-payment or a breach of our Acceptable Usage Policy
In all cases, HostUnmetered.net will work to resolve issues as fast as is reasonably possible to avoid disruption to service. Even with problems outside of our remit, we are always here to lend a helping hand.