HostMantis Terms of Service

By accepting our Terms of Service, you also agree to our Privacy Notice and Data Use Policy.

Please click here for more information on our Privacy Notice and Data Use Policy


All users of HostMantis services, and all customers upon signing up for HostMantis services, agree to comply with HostMantis Terms of Service ("TOS"). The spirit of the TOS is to ensure customers are using HostMantis services with due regard to the rights of other Internet users and in conformity with the requirements of HostMantis network environment. The TOS are not exhaustive and HostMantis reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.HostMantis.com or notification of the modified TOS. Any complaints about a customer's violation of the TOS should be sent to abuse@HostMantis.com. Please see our abuse terms for more details on abuse policy. When you agree to the terms, you are also agreeing to our Billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of HostMantis, this TOS supersedes any other agreement with HostMantis, whether written, oral, by conduct, or otherwise.

*** HostMantis Web Hosting Customer Restrictions ***

Server Resources

Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level. HostMantis will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Any script that consumes large amounts of resources is not allowed, such as (but not limited to): Bots, proxy scripts, rapid leech scripts, torrent related scripts, chatting or chat room scripts, PTC (Paid-to-click) site scripts, file or image hosting scripts, mail-bombers or spam scripts, topsites scripts, auto-blog scripts and plugins. Such scripts will be terminated immediately with no prior notice and account owners will not be eligible for a refund. We provide shared hosting, therefore, any script you run that will consume large amounts of resources affects other customers on your server negatively, so please use common sense when using a script. If you are unsure of any script, before running the script in your account, please contact HostMantis Sales or Support to ensure the script is allowed.

Any account suspended or terminated due to violation of our Terms of Service will not be given a backup or refund.

Spamming

No Spam

HostMantis has a "No Tolerance" policy on Spam. Sending unsolicited, bulk and/or commercial messages over the Internet or by text messaging (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to HostMantis customers. HostMantis also does not allow CAN-SPAM compliant bulk email or consider emails not Spam just because you include an Opt-Out notice. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, sending unsolicited text messages, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a HostMantis server, and selling or distributing software (on a Web site residing on a HostMantis server) that facilitates spamming. If a HostMantis server IP has become blacklisted due to spamming by a users domain name hosted on our servers, the violator will face immediate termination and no refunds will be given. HostMantis reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Any client found to be spamming may face a spam cleanup fee from $250 - $500 depending on the circumstance and level of cleanup involved. Any account suspended or terminated due to spamming will not be given a backup or refund.

Denial of Service Attacks

"Stress testing" or purposely receiving DDoS/DoS attacks is not tolerated on our servers. While we will do our best to block/mitigate DDoS/DoS attacks, in order to ensure all clients receive an acceptable level of service on our servers, any account that is receiving a DDoS/DoS attack shall not negatively affect other accounts on that particular server or degrade overall server performance. This includes, but is not limited to: null routing the offending IP address(s), suspending the account receiving the DDoS/DoS and/or terminating the account.

This also includes sending a DDoS/DoS or taking part in a DDoS/DoS from any HostMantis account, be it shared/reseller/vps or dedicated server. Any account found actively sending abusive traffic will be immediately suspended and possibly terminated with no refunds given.

Prohibited Material

The following material is not allowed on our shared and reseller hosting servers:

IRC related items
Proxy scripts
Nulled or pirated software
Image or File hosting
PTC sites
Spam or bulk mail scripts
Hacking sites
Site that promote illegal activity
Sites or forums that link to or distribute illegal software
Bitcoin miners
Chatroom scripts
Auto-blog scripts or plugins

Inodes

Inodes are the amount of all the files located on your account. For example, an email stored in your account will be 1 inode, an email that contains 2 attachments will be 3 inodes. Any image, file, video, HTML file, folder and script file are each considered inodes.

Once your accounts inode limit had been reached, you will no longer be able to create any additional files. Your website might also stop working properly if it requires writing data to disk, such as a database. The solution is to free up space by removing any unused files, emails or even empty your mailbox spam folder

To see the inode limit for each plan, please see our System Resource Limits.

Reselling

Your HostMantis shared hosting account may not be resold and you may not resell any shared hosting services provided by HostMantis. This includes, but is not limited to, email accounts, add-on domains and FTP accounts. Violaters will face immediate termination and no refunds will be given.

If you would like to resell hosting space, please see our reseller hosting plans.

Uptime Guarantee

HostMantis guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where HostMantis.com has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, connection issues between the client's location and HostMantis.com data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that HostMantis.com cannot directly influence.

To request a service credit due to an uptime concern, please submit a request for this guarantee via HostMantis' web site.

If requesting a "service credit" we ask that the client briefly explains the reasons for doing so. Include any documentation supporting your request.

Server Location

Data center Locations are subject to availability and choosing a specific location during your order does not guarantee that location. HostMantis reserves the right to substitute the chosen server location as necessary and/or move accounts to other server locations as needed.

Daily Backups

HostMantis performs daily full account backups. Daily backups include the backup of all account data, email accounts and MySQL databases. Weekly backups are for HostMantis disaster recovery purposes only. Resellers accounts and their client accounts are included in the accounts we backup, however, backups are not included as a part of their service and Resellers are responsible for their own backups and should not soley rely on the backups HostMantis performs. No guarantee of data is expressed or implied.

Ownership of Web Site

The legal owner of customers' Web sites and accounts with HostMantis will be the individual or organization whose name is listed in HostMantis database as the owner. Customers will fully cooperate with and abide by any and all of HostMantis security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with HostMantis.

Illegal Use

HostMantis servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: warez; nulled scripts; copyrighted material; providing access to or linking to copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing HostMantis services, all HostMantis customers certify that they and/or the organization they represent in procuring services from HostMantis are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto. HostMantis reserves the right to immediately terminate any account containing, providing access to or linking to illegal material. Clients terminated for violating our copyright policy or Terms of Service will not be eligible for refunds or backups of their data.

Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All HostMantis customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a HostMantis customer (per the DMCA) to HostMantis must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at HostMantis sole discretion.

DMCA Copyright Infringement Notification Requirements:

Send the notification via mail to:

HostMantis - DMCA Complaints
PO Box 511441
Livonia, MI 48151 USA

Send email notifications to:

abuse(at)hostmantis.com

The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.

HostMantis is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that HostMantis will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.

In the event that HostMantis must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that HostMantis may do so by disabling access to your entire web site or terminating your account.

Child Pornography

The use of HostMantis services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. HostMantis is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Indemnification

HostMantis customers agree to protect, defend, hold harmless, and indemnify HostMantis, any third party entity related to HostMantis (including, without limitation, third party vendors), and HostMantis executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of HostMantis services.

Disclaimer

The HostMantis service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. HostMantis expressly disclaims any representation or warranty that the HostMantis service will be error-free, secure or uninterrupted. No oral advice or written information given by HostMantis, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. HostMantis and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL HostMantis (INCLUDING, WITHOUT LIMITATION, HostMantis' EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING HostMantis' SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR HostMantis SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY HostMantis SERVICES EVEN IF HostMantis HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HostMantis' TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR HostMantis' SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY HostMantis OR HostMantis' REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

HostMantis may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with HostMantis services. Certain changes to HostMantis services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and HostMantis is not liable, for any and all such personalized applications and content, except as expressly agreed to by HostMantis.

Backup of Data

Except where HostMantis has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and HostMantis is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with HostMantis services. HostMantis servers are also NOT be used as a backup storage and is only for hosting files directly related to your website.

Governing Law and Severability

The TOS, and any other agreement for HostMantis services, will be governed by and construed in accordance with the laws of the State of Michigan, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and HostMantis will take place in Michigan, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other HostMantis agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between HostMantis and its customers. Each of HostMantis and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.

Complete Agreement and Exclusivity

The TOS, and/or any other specific agreement for HostMantis services, constitutes the complete understanding and agreement between HostMantis and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of HostMantis, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for HostMantis services is between HostMantis and its customers only and will not confer any rights in any third party except as otherwise expressly provided by HostMantis.

Refusal of Service

We reserve the right to refuse, cancel or suspend service at our sole discretion. All sub-networks, distributive hosting sites of HostMantis.com must adhere to the above policies.

Third Party Providers

You agree that certain services may be provided by third party providers of HostMantis and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

Abuse Towards Staff

HostMantis will not tolerate clients that are abusive towards our staff. This includes but is not limited to: Using abusive language or threatening a staff member. HostMantis reserves the right to decide what is considered abusive and immediately suspend or in severe cases, terminate clients that commit the abuse.

Billing Policy

The following Terms of Service constitute HostMantis Billing Policy and apply to ALL HostMantis customers:

Payments

All charges are shown in US Dollars. Payments are to be made in US dollars. HostMantis accepts the following types of payment:

Credit Card (VISA, MasterCard, Discover and American Express)
PayPal
Bitcoin
Apple Pay

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. Accounts with a recurring payment method such as a PayPal subscription, will continue until such time that you cancel your account in accordance with HostMantis Billing Policy in the TOS. You are directly responsible for keeping your recurring payment information up-to-date (including, but not limited to card number, expiration date, billing address, or card status).

Customers agree to make payment of their balance due within three (3) days of the Account Statement Date.

All VPS/dedicated hosting accounts are due on the date due. If not paid on the due date, the server will be deactivated and scheduled to be formatted and redeployed.

Grace Period

Shared/Reseller Accounts that are three (3) days past due will be automatically suspended. Accounts reaching (30) days past due are automatically terminated. When an account is terminated for non-payment, all files and databases related to the account are deleted and are not retrievable. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

Account Credit

Your credit balance can only be used for HostMantis products and services. Any payments due will be automatically deducted from your available account balance upon invoice generation. Account credit is non-refundable and cannot be withdrawn at any time.

Overpayments

Any overpayments made to your account will be automatically added to your accounts credit balance and are considered non-refundable.

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Cancellation requests for yearly paid hosting accounts after accounts have automatically renewed are eligible for refunds only within the first 3 days following the renewal date, and a cancellation fee of $10 will be charged.

Statements

HostMantis does not mail paper invoices or statements. Statements can be viewed and printed through our client area: https://my.hostmantis.com

Cancellations

Please refer to the following knowledgebase article for instructions on properly cancelling your account:
https://my.hostmantis.com/knowledgebase.php?action=displayarticle&id=97

Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must submit a cancellation request for the service from our client area. Please be aware that there are no pro-rated refunds after the first 30 days of service.

Cancellation requests must be received by HostMantis a minimum of ten (10) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by HostMantis. HostMantis is unable to cancel your account effective for a future date. HostMantis will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact HostMantis as soon as possible.

Any active PayPal subscriptions must be cancelled by logging into your PayPal account upon cancelling your HostMantis account to avoid being automatically billed by PayPal for future payments. If you fail to do so, any overpayments will be added to your accounts credit balance and are non-refundable.

HostMantis does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to HostMantis services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. HostMantis reserves the right to cancel any account, at any time, without notice, for any reason HostMantis considers appropriate.

30 Day Money Back Guarantee

Each of HostMantis shared/reseller hosting plans carries a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund. Refunds will not be issued for the sole purpose of using our services in a "Free Trial" manner or for "buyers remorse".

The following services and conditions do not qualify and/or can render the 30 Day Money Back Guarantee void: (a) Server Management Services, Domain name registration/transfers/renewals, SSL certificates, software licenses, any addon services, and setup is not included in the 30 day money back guarantee. (b) If administration time was used during your account such as server configuration (that is more advanced that regular troubleshooting) this guarantee is void. (c) Illegal activity was conducted or intended on our servers will also void this agreement. (d) This request must be sent in 5 business days (excluding holidays) before the first 30 days to be processed, and eligible. (e) If you ordered multiple hosting packages this guarantee will only apply to one hosting package, the first one you cancel.

Bitcoin Payments

Due to constantly changing market conditions, Bitcoin payments do not qualify for our 30 day guarantee and are not refundable.

Refund Policy

Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days. Please note, we also have full power in judgement of providing refunds for our promotional offers.

We reserve the right to subtract any payment processing fees when issuing refunds.

There are no refunds given at any point for the following services:

Dedicated Server plans
VPS Server plans
Server Management Services
SSL certificates
Any addon services
Domain Registration/Transfer/Renewal

Credit Card Disputes/Chargebacks

HostMantis has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at HostMantis discretion. A charge of $50.00 per chargeback will be assessed to all accounts that receive a chargeback.

Billing/Price Changes

HostMantis policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

HostMantis Affiliate Program

Hostmantis' spam policy also includes our affiliate program. Affiliates are not permitted to use spam in order to generate sales. If notification is received that your affiliate ID is included in a spam email, your affiliate account will be terminated and all funds within your account will be forfeited.

All affiliate sales payments are held for 90 days. If the client cancels or presents a chargeback or any type of payment dispute, the sale is considered null and void. All payments are made by PayPal and you can withdraw at any time once your account reaches $15.00. You can also add your affiliates commissions to your account balance to pay for your hosting account.

Websites that do nothing more than promote coupons or promotional codes are not allowed to participate in our affiliate program. Websites that do nothing more than lure visitors using our brand name are also not allowed to participate in our affiliate program.

Affiliate payouts are limited to $150 per month per affiliate and all payouts are subject to approval.

Methods known as "cookie-stuffing" and other types of affiliate fraud will not be tolerated. Affiliates trying to cheat our affiliate system or using a website that is not allowed, will have their account terminated immediately and all funds will be forfeited.

Reseller Plan Policy

Non-Exempt

All reseller accounts must abide by the same policies in our Terms of Service as any other account and are in no way exempt.

Free Hosting/Free Email

Resellers are not permitted to offer free hosting plans, free trial offerings or free email accounts with our reseller hosting plans.

Abusive Clients of Resellers

HostMantis reserves the right to suspend or terminate any reseller client account(s) we find to be abusive, illegal, etc. as per our regular Terms of Service abuse policy without prior notification based on the severity of the abuse.

Dedicated IP Address Policy

Dedicated IP addresses purchased from HostMantis are non-transferrable and cannot be transferred to a new host. The assigning of dedicated IP addresses are subject to ARIN's new policies which require justification for the need of the IP address. An example of proper justification includes, but not limited to: SSL certificates, reseller accounts and dedicated servers. HostMantis will deny requests for dedicated IP addresses without proper justification.



HostMantis reserves the right to update the Terms of Service without prior notice and no warranties shall be implied or given.

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