Terms of Service (TOS)
Effective Date: November 29, 2024
The use of services from Hostcrate.stream/Hostcrate.host (hereafter referred to as “Hostcrate”) constitutes agreement to these terms.
1a. Account Setup / Email on File / Accurate Details
We will set up your account after receiving payment and verifying your order for potential fraud. It is your responsibility to provide an email address not associated with the domain(s) you are signing up under. The primary email address on file will be used for all account-related communication, including abuse issues or urgent notifications. Ensure this email is accurate and up-to-date at all times. Providing false contact information may result in account termination or order rejection.
For dedicated server purchases or high-risk transactions, government-issued identification and possibly a scan of the credit card used may be required. Failure to meet these requirements may result in order denial due to suspected fraud.
1b. Transfers
Our transfers team will assist in moving your site to Hostcrate. However, we cannot guarantee the success of the transfer, as configurations differ between hosts. This is provided as a courtesy service and may not always be available or feasible.
Transition Period
- Hostcrate will provide free assistance for transferring your account within the first 60 days of service.
- After 60 days, a transfer fee of $10 per cPanel account or site may apply.
- For providers not using cPanel or those without full cPanel backups, a fee of $25 per account or site may apply.
Reseller Transfers
- Up to 25 cPanel accounts per reseller account will be transferred for free within the first 60 days.
- After 60 days, or for accounts exceeding the initial 25, a fee of $10 per cPanel account will be charged.
2a. Account Content
All services provided by Hostcrate must be used lawfully, adhering to the laws of the State of Indiana and the United States.
Prohibited Content
The following are prohibited and may result in immediate account suspension or termination:
- Unauthorized copying or distribution of copyrighted or trademarked material.
- Sale of counterfeit merchandise.
- Explicit adult content (e.g., pornography), IRC bots, proxy scripts, pirated software, public file/image dumps, game servers, and any illegal or harmful content.
Indemnification
The customer agrees to indemnify and hold Hostcrate harmless from claims resulting from the use of our services.
2b. Account Security
You are responsible for the security of your account credentials, including cPanel, FTP, and billing system passwords. Use secure, unique passwords for each service and update them regularly. We recommend using FTPES or SFTP instead of standard FTP to protect your data.
Hostcrate may suspend compromised accounts pending investigation. A fee of $75/hour may be charged for security investigations.
3. Zero Tolerance Policies
3a. Spam
Hostcrate strictly prohibits unsolicited bulk email or spam. Accounts found sending spam will be suspended or terminated without refund.
3b. Phishing
Hosting phishing pages will result in immediate suspension or termination. Accounts violating this policy are ineligible for refunds.
Any account suspended or terminated due to a phishing policy violation will be ineligible for refund. We may invoice you an hourly fee of $80 per hour rounded up to the nearest hour for all time spent investigating any report that results in account suspension or termination.
4. Payment Information
You agree to supply appropriate payment for the services received from Hostcrate.stream/.host, in advance of the time period during which such services are provided. You agree that until and unless you notify Hostcrate.stream/.host of your desire to cancel any or all services received according to our Cancellations and Refund Policy those services will be billed on a recurring basis and automatically charged to the payment method on file on the due date.
We accept Visa, MasterCard, Discover, American Express, and PayPal.
Cancellations must be done in writing via the cancellation to our support ticket system. Once the cancellation is submitted via our ticketing system you will receive a cancellation confirmation. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately. Do make sure to check your “spam” or “junk” folder for this confirmation message.
As a client of Hostcrate.stream/.host, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Hostcrate.stream/.host provides a 7 day grace period from the time the invoice is due and when it must be paid. The grace period is a courtesy and may be rescinded at Hostcrate.stream/.host’s sole discretion if a client’s account is chronically overdue. Any invoice that is overdue by 7 days and is not paid in full will result in account suspension until the account balance has been paid in full. Any account that is overdue for 30 days and has not paid will be automatically terminated.
Invoices that have been paid more than once are automatically added as credit towards the account and will not be refunded. If you require assistance with this provision, please contact us by opening a support ticket.
Hostcrate.stream/.host reserves the right to change the monthly payment amount and any other charges at anytime.
5. Domain Renewals
Hostcrate will send domain renewal reminders 30 days, 5 days, and 5 days after expiration. Domains set to auto-renew will be processed 7 days prior to expiration.
6. Backups and Data Loss
Your use of the service is at your sole risk. Hostcrate.stream/.host is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Hostcrate.stream/.host servers. While Hostcrate.stream/.host does maintain backups of your files and/or data on our Cloud, Shared, Reseller, Stream, Dedicated and VPS platforms we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account larger than 20 gigabytes or those that generate more than 200 gigabytes of monthly changes may, at our discretion and with notification, be excluded from our backup systems. All backups including but not limited to cPanel backup files, such as backup-*.tar.gz and cpmove-*.tar.gz, older than 72 hours will be removed from the server automatically and we suggest downloading said backups to an off-server location. Dedicated Server services are not backed up by Hostcrate.stream/.host.
7. Cancellations and Refunds
Cancellations must be submitted through the client dashboard. Refunds are limited to the first 30 days for eligible services. Domains, licenses, and specific services are non-refundable. Any abuse of our staff in any medium or format will result in the suspension or termination of your services without refund. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. If you have opened a second account with us, it will not be eligible for refund. Hostcrate.stream/.host reserves the right to suspend, terminate, or cancel any account or service at any time with or without notice.
Violations of these Terms of Service will waive the refund policy and no refund or credit will be granted.
8. Resource Usage
Users may not:
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Users may not:
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Operate any sort of chat box, shout box, or other chat platform that is hosted directly from our servers.
- Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
- Run any URL Shortening Services. Please note that you can use redirects for your site, but you may not run that as a service for others.
- Participate in any file-sharing/peer-to-peer activities.
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
- Run cron entries with intervals of less than 5 minutes without prior written approval.
- Use Shared, Premium, or Reseller hosting accounts for the storage of backups or other data not related to active websites.
- Store, distribute, or transmit any copyrighted or trademarked materials without proper authorization from the rightful copyright or trademark owner.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”).
When executing a local script via cron, execute it locally via “php -q ~/public_html/the-script-name.php > /dev/null” and not via “wget”. If “wget” is absolutely required, append “-O /dev/null” to the end of the cron.
9. Bandwidth Usage
Bandwidth usage is capped per plan. Exceeding your allocated bandwidth may result in suspension, additional fees, or required upgrades.
10. Money Back Guarantee
If your server has a physical downtime of more than 1 hour, you can request for 10 times the actual amount of downtime. This means that if your server has a physical downtime of 1 hour, you will receive 10 hours of credit.
To request a credit, please contact us by filing a support ticket with justification. All requests must be made in writing via email within the 7 days following the calendar month where the uptime guarantee was not met.
Terms and Conditions:-
- The amount of compensation may not exceed the customer’s monthly recurring charge.
- Approval of the credit is at the discretion of Hostcrate.stream/.host dependent upon justification provided.
- Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability.
- The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services.
- SLA Exclusions: Scheduled Network Maintenance, Hardware Maintenance, Software Maintenance, Malicious Attacks, Legal Actions
- Uptime guarantees only apply to Legacy Shared, Legacy Premium, Cloud Hosting and Reseller Hosting.
11. Reseller Responsibility
Resellers are responsible for supporting their clients and ensuring compliance with Hostcrate policies.
12. Shared Hosting
Shared hosting accounts cannot resell hosting services. Reselling requires a reseller account, VPS, or dedicated server.
13. Indemnification and Limited Liability
Hostcrate is not liable for damages resulting from the use of our services. Customers agree to indemnify Hostcrate against claims arising from their use of our services.
14. Changes to Terms of Service
Hostcrate reserves the right to revise this TOS at any time without notice. We encourage customers to review this document periodically.
Last Updated: November 29, 2024