Last Updated: August 11, 2024
These Terms of Service ("Terms") govern the relationship between HYEHOST (the "Provider" or "Company") and our clients, customers, and users, including guests (collectively, "User"). By accessing or using our services, you agree to be bound by these Terms. Please read them carefully.
1. Applicability of Terms
These Terms apply to all services provided by HYEHOST. Additional terms may apply to specific services or features offered by HYEHOST, which you agree to abide by when accessing those services. Your continued use of our services signifies your acknowledgment and acceptance of these Terms and any applicable additional terms, including our Privacy Policy.
2. Clarity and Communication
HYEHOST is committed to providing clear and transparent information regarding our services. If you have any questions or concerns about these Terms, please contact our support team immediately. We prioritize the security, safety, and accountability of all users and ensure that clients have access to necessary information and communication channels to optimize their use of our services.
3. Eligibility to Use
Access to HYEHOST's platform is restricted under the following conditions:
- a. Users who cannot form legally binding contracts.
- b. Users under the age of 13 without parental or legal guardian consent.
- c. Users prohibited from receiving or rendering services under U.S. law or other applicable jurisdictions.
- d. Users suspended from using the website.
- e. Users who lack valid communication with the Company.
- f. Users flagged as high risk by our Anti-Fraud system.
HYEHOST reserves the right to refuse registration or service at its discretion. The transfer or assignment of rights or obligations under this agreement without prior written consent from HYEHOST is prohibited.
4. Modifications to These Terms
HYEHOST reserves the right to modify or replace any part of these Terms at its sole discretion. It is the User's responsibility to periodically review these Terms for changes. Continued use of the website and services after any changes constitutes acceptance of those changes. HYEHOST may introduce new services or features, which will be subject to these Terms. The Company may also discontinue services or impose new limits at any time.
5. Indemnification and Right to Refuse Service
Users agree to indemnify and hold harmless HYEHOST and its affiliates from any liabilities, losses, or expenses arising from the use of our services. This includes, but is not limited to, any negligence or indirect causes. HYEHOST reserves the right to refuse, cancel, or terminate services at its discretion, particularly in cases of unlawful activities or policy violations. Termination of service does not entitle the User to a refund, and immediate termination may occur without notice for policy violations.
HYEHOST is not liable for any consequential, punitive, special, or incidental damages resulting from the use of our software and services. This includes, but is not limited to, loss of profit or indirect damages.
6. Refunds and Cancellations
HYEHOST offers a 24-hour refund policy from the time of order placement, subject to the following limitations:
- a. Non-Refundable Items:
- Add-ons
- Dedicated Servers
- Manually provisioned services such as IP leasing and non-auto provisioned VPS
- Services with processed backup restores
- Orders paid using cryptocurrency
- Upgrade orders
- b. Ineligible for Refunds After 24 Hours:
- Downtime caused by the User
- Unwanted services
- Lack of support
- Termination due to policy violations
Advanced payments or prepaid packages are eligible for refunds within 24 hours, except for dedicated servers.
7. Renewals
For all web hosting, VPS, and dedicated plans, the following renewal, suspension, and termination policies apply:
- Invoices are sent 7 days before the service due date.
- Once invoiced, services cannot be modified.
- Unpaid invoices are marked overdue the day after the due date at 9 AM UTC, leading to suspension and the first overdue notice.
- Subsequent overdue notices are sent 24 and 48 hours after marking the invoice as overdue.
- 72 hours after marking the invoice as overdue, the service is terminated, and files are removed.
For Dedicated Servers, similar timelines apply, with the server being turned off upon marking the invoice as overdue and terminated 72 hours later if unpaid.
8. Reinstatement
- a. VPS and Dedicated Servers: Once terminated, these cannot be reinstated. All data is wiped, and disks cleared within hours of termination.
- b. Web Hosting Plans: Terminated plans cannot be reinstated; a new plan must be purchased.
9. Account Security
HYEHOST emphasizes account security. By registering an account, you agree to:
- a. Not share your account credentials.
- b. Take responsibility for all actions taken under your account.
- c. Ensure your account remains secure.
- d. Not exploit hardware or software flaws.
- e. Not circumvent security features.
- f. Report any discovered exploits or security flaws.
- g. Not perform network attacks, including denial of service attacks.
- h. Not engage in activities disrupting HYEHOST services.
- i. Not engage in illegal activities.
10. Account Credit
- HYEHOST account credit cannot be withdrawn to any payment method such as PayPal, bank transfer, or cryptocurrency.
- Account credit expires on January 1st each year at a rate of 50% of the total balance, with a minimum expiration of $25 until the balance reaches $0.
- If the remaining credit is less than $25, the entire amount is removed.
- To preserve account credit, users must request preservation via a support ticket in January.
- This policy encourages regular use of services and accurate records. Monitor your account credit balance to avoid unexpected expirations.
11. Affiliate Program
HYEHOST's affiliate program allows clients to refer others in return for account credit. The following applies:
- Withdrawals from the affiliate program are for HYEHOST account credit only.
- Monetary processors like PayPal and crypto are not used for payouts.
- Promotional, review, and discount sites cannot be used with our affiliate system.
- Affiliate links must be fully visible and not masked or behind URL shorteners.
- HYEHOST reserves the right to refuse affiliate payouts.
- Abuse of the affiliate system results in account closure and nullified earnings.
- Certain products, such as dedicated servers, may not have affiliate payouts.
12. Virtual Private Servers (VPS)
- a. Backups: VPS plans include one backup slot. It is the User's responsibility to ensure backups beyond this.
- b. Resource Usage: Resources are provided on a fair-usage basis. Users may be required to migrate to a dedicated server if their usage impacts others.
- c. Email Ports: SMTP/Email ports (Port 25 and 467) are blocked by default. Removal is available upon request with proof of identity.
13. Dedicated Servers
- a. Prohibited Activities: Illegal activities are strictly prohibited.
- b. Data Responsibility: Users are responsible for data loss due to improper management or backup procedures. OS reinstalls wipe the disk, removing all previous data.
- c. Availability: HYEHOST cannot guarantee server availability for all configurations. Provisioning times may vary, and custom orders requiring parts purchase cannot be canceled.
14. Network and Security
- HYEHOST's network is identified by AS47272 and AS26556. While some protection is offered for our infrastructure, customer services are not guaranteed protection against attacks.
- If a customer's service is attacked, the IP will be null-routed automatically. Repeated issues may lead to service termination to protect our infrastructure.
15. Support
- a. Response Time: HYEHOST aims to respond to support tickets within 6 hours. Complex requests may take longer.
- b. Ticket Etiquette: Bumping tickets delays responses as they are answered based on the last reply. Spamming the ticket system may result in a ban from support.
- c. Abusive Behavior: Abusive comments may lead to service termination without refund.
- d. Live Chat: Available for pre-sales inquiries only. Technical or billing issues require a ticket.
- e. Management Level: All services are unmanaged unless specified otherwise, limiting extended support for configuration issues.
16. Backups
- HYEHOST maintains 3 days of backups on all VPS and web hosting plans, intended for disaster recovery. These backups are accessible by HYEHOST only.
- Proxmox VPSÂ plans are backed up at least every 24 hours, with a maximum storage period of 2 days.
- If you have purchased an extra backup package, the same storage policy applies.
17. Payment Issues
- Users agree to pay all charges related to their account(s) as stated in the sales order at the time of commencement.
- HYEHOST reserves the right to suspend access to services in the event of credit problems, including delinquent payments or rejected charges.
18. Credit Card Payment
- If a User chooses to pay for services by credit card, the User grants HYEHOST the right to charge payments to that card on each due date.
- The User agrees not to challenge or dispute any charge representing hosting payments.
19. Non-Payment
- a. Web Hosting Payments:
- Payments are due in full on the monthly anniversary date.
- Failure to remit payment for five (5) consecutive days, including the anniversary date, may result in suspension.
- Failure to remit payment within seven (7) consecutive days may result in termination and reclamation of services.
- All customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy reasons.
- b. Dedicated Server and VPS Payments:
- Payments are due in full on the monthly anniversary date.
- Failure to remit payment within three (3) consecutive days may result in suspension.
- Failure to remit payment within five (5) consecutive days may result in termination and reclamation of services.
20. Payment Reminders
- Our credit card processor will remit payment for all recurring orders for services on the monthly anniversary date.
- It is the client's responsibility to ensure sufficient funds are available and that the email address on file is working and allowed to receive reminders.
- Non-deliverable email addresses or emails not reaching the client due to spam filters or network issues are not the responsibility of HYEHOST.
- Payment reminder notices are sent on the first, third, and fifth days after payment should have been made. From the seventh day, customer services may be suspended for non-payment.
21. Public Feedback
- HYEHOST has a zero-tolerance policy for posting negative feedback on any public locations about our company and/or our employees before submitting a ticket to our "Suggestions & Complaints" Department.
- Such actions will result in immediate account termination without any refund.
- Posting negative feedback publicly without prior communication nullifies any confidentiality agreements, including our Privacy Policy, Confidentiality Agreement, and Non-Disclosure Agreement.
22. Chargebacks and Fraud Prevention
- In the event of a chargeback initiated by a customer, HYEHOST reserves the right to dispute the chargeback and provide evidence supporting the validity of the transaction.
- HYEHOST may submit proof of the transaction, which may include legal names, email addresses, and IP addresses associated with the transaction, to our payment gateway operators.
- This information sharing is part of our commitment to preventing fraud and ensuring the security of our services.
- Customers are encouraged to contact our billing team before initiating a chargeback to address any concerns or disputes.
- Initiating a chargeback without prior communication may be considered a breach of these Terms. Legal action may be taken against individuals engaging in fraudulent activities or unwarranted chargebacks.
- HYEHOST will handle submitted information according to our Privacy Policy and will not share personal information except for fraud prevention and chargeback disputes.
23. Agreement Modifications
HYEHOST may modify these Terms and conditions upon notice published online via HYEHOST. Continued use of HYEHOST services after such notice constitutes acceptance of the modifications to this Agreement. User accounts, contracts, and billing will automatically renew unless canceled in writing prior to the renewal date.
24. Service Usage and Restrictions
- Users agree to use the service in compliance with any and all applicable laws. HYEHOST reserves the right to cooperate with law enforcement agencies in cases of illegal activities.
- Users must follow the Acceptable Use Policy of any network they connect to, including HYEHOST's system.
- Users may not host any hardcore adult content or pornographic websites on our shared or reseller servers.
- Software intended to facilitate any violations or infringements may not be stored on HYEHOST.
- Violations of netiquette, such as sending unsolicited mass emails or engaging in harassment, are grounds for immediate suspension of service pending investigation. Continued violations may result in account termination.
- Users agree not to use excessive amounts of resources. Violations may result in corrective action to maintain server stability. This includes disabling or suspending accounts.
- Users may not exceed specified CPU, memory, or process limits. Excessive resource usage may lead to account suspension or termination.
25. Network Usage and Fair-Use Policy
Overview
HYEHOST is committed to providing reliable and high-quality services to all users. To ensure equitable access to network resources, we have established a comprehensive Fair-Use Policy. This policy is designed to prevent any single user from adversely affecting the performance, availability, or reliability of the network for other users.
Fair-Use Guidelines
- Shared Bandwidth Resources:
All unmetered dedicated servers and Virtual Private Servers (VPS) are connected to shared bandwidth ports, unless explicitly stated otherwise. As these resources are shared among multiple users, it is essential that each user’s activity does not negatively impact others. Users are expected to manage their network usage in a manner that is considerate of the shared environment. - Average Usage Expectation:
Users are expected to maintain network usage levels that are consistent with the average levels observed across HYEHOST’s customer base. Network usage that significantly exceeds these averages, especially on a continuous basis, may be deemed excessive. Excessive usage may include activities such as:
- Continuous streaming or serving of large files.
- Running applications that consistently utilize a significant portion of the bandwidth.
- Any sustained activities that fully saturate the bandwidth port.
- Prohibited Continuous Use:
HYEHOST strictly prohibits continuous, prolonged, or sustained use of the full port speed over an extended period. This type of usage can lead to network congestion, reducing the quality of service for other users. Examples of prohibited usage include, but are not limited to:
- Hosting high-traffic websites or applications that continuously max out bandwidth capacity.
- Continuous file sharing or downloading/uploading large volumes of data without breaks.
- Any activities designed to consume excessive bandwidth over an extended period.
- Monitoring of Network Usage:
HYEHOST reserves the right to monitor network traffic to ensure compliance with this Fair-Use Policy. Monitoring activities may include, but are not limited to, tracking the volume of data transmitted, frequency of use, peak usage times, and duration of network sessions. This monitoring is conducted to ensure that all users have access to fair and consistent network performance. - Throttling and Corrective Actions:
If a user’s network usage is identified as excessive and in violation of the Fair-Use Policy, HYEHOST may take corrective actions to mitigate the impact on other users. These actions may include:
- Throttling the user’s bandwidth to reduce the strain on the network.
- Temporarily suspending the user’s service to prevent further disruption.
- Requiring the user to upgrade to a higher-tier service plan with dedicated resources.
- Working with the user to adjust their usage patterns to align with fair-use expectations.
- Notification and Resolution:
In the event of excessive usage, HYEHOST will attempt to notify the user and work collaboratively to resolve the issue. Users may be given an opportunity to reduce their usage voluntarily or modify their server configuration. Failure to comply with fair-use guidelines after notification may result in further action, including service suspension or termination. - Immediate Action for Severe Impact:
If a user’s network activity severely impacts the connectivity or service quality for other users, HYEHOST reserves the right to take immediate action without prior notice. This may include immediate throttling, suspension, or termination of the user’s service to protect the overall network integrity. - Exceptions and Custom Arrangements:
Users with legitimate needs for consistent, high-bandwidth usage are encouraged to discuss their requirements with HYEHOST. In such cases, HYEHOST may offer customized solutions, such as dedicated bandwidth ports or tailored service-level agreements (SLAs) that accommodate higher usage patterns. Any exceptions to the Fair-Use Policy must be documented in writing and agreed upon by both parties.
Conclusion
HYEHOST's Fair-Use Policy is integral to maintaining a balanced and high-performing network for all users. By adhering to these guidelines, users contribute to a stable and efficient service environment. Non-compliance with this policy may result in corrective actions as outlined above. HYEHOST is committed to ensuring fair access to resources and will continue to monitor and enforce these standards to maintain service quality.
By using HYEHOST services, you agree to comply with this Fair-Use Policy.
26. IP Space Abuse
HYEHOST takes the abuse of IP space very seriously. Abuse may include, but is not limited to, activities such as:
- a. Spamming: Sending unsolicited emails or hosting spam services.
- b. Phishing: Hosting websites or services that deceive users into providing sensitive information.
- c. Malware Distribution: Hosting or distributing malicious software.
- d. Illegal Content: Hosting content that violates any laws or regulations, including but not limited to copyrighted material, child pornography, or other illegal content.
- e. Denial of Service Attacks: Using our services to perform or participate in DoS or DDoS attacks.
- f. IP Spoofing: Falsifying IP packet information to conceal the origin of traffic.
If we determine that your use of IP space constitutes abuse, we will take immediate action, which may include suspending or terminating your service without notice. Repeated offenses will result in permanent termination of services. We reserve the right to cooperate fully with law enforcement agencies in the investigation of any activities that violate applicable laws.
27. No Mass Emailing Policy
To maintain the integrity and performance of our services, we have implemented a strict no mass emailing policy.
Policy Details:
- a. Prohibition of Mass Emailing:
- Under no circumstances is mass emailing permitted through any of our services. This includes, but is not limited to, sending unsolicited bulk emails, spam, or any form of email that could be considered intrusive or disruptive.
- b. Enforcement and Consequences:
- Each abuse report will be thoroughly investigated.
- If a violation is confirmed, we reserve the right to suspend or terminate the offending account without notice.
- Users found in violation will not be entitled to any refund for the terminated service.
- For each confirmed abuse report, a manual intervention fee of $25 will be charged. This fee covers the cost of investigating and resolving the abuse incident.
- The assessment of abuse reports and the decision to apply this fee is at our sole discretion.
28. Abuse of HYEHOST Staff or Support Personnel
HYEHOST values respectful and courteous interactions. Abusive behavior towards our staff, including demeaning or rude comments, profanity, yelling, or discriminatory remarks, will not be tolerated.
- Accounts may be suspended or terminated for abusive conduct, with a five (5) day notice.
- Refunds will only be issued for the unused portion of pre-paid service.
29. Cancellations
Customers may voluntarily cancel their account at any time by requesting a cancellation from the members area at billing.hyehost.com.
- HYEHOST requires a five (5) day cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month-to-month services.
- b. Financial Obligations:
- Failure to provide the requisite notice will result in a full billable monthly cycle prior to cancellation.
- All due amounts must be settled in full before cancellation.
- HYEHOST does not provide prorated or any other kinds of refunds on cancellations. All fees paid are non-refundable unless stated otherwise under our 24-hour money-back guarantee.
30. Agreement Modifications
HYEHOST may modify these Terms at any time, with changes published online. Continued use of HYEHOST services after such changes constitutes acceptance. User accounts, contracts, and billing will automatically renew unless canceled in writing prior to the renewal date.
By using HYEHOST services, you acknowledge that you have read, understood, and agree to be bound by these Terms. Non-compliance may result in service suspension or termination.
For any questions or concerns regarding these Terms, please contact our support team at support@hyehost.com.