Terms Of Service
Terms of Service
Terms of Service
HostDr (“HostDr”) agrees to furnish services to the Subscriber, subject to the following (“Terms of Service”).
HostDr, the company hereafter referred to as, (“HostDr”), (“Us”), (“We”) and The Client, (“Customer”), (“Client”) and (“You”).
Use of HostDr Service constitutes acceptance and agreement to AUP (“Acceptable Use Policy”) and ToS (“Terms of Service”).
All provisions of this contract are subject to change from time to time at the discretion of HostDr. Subscriber understands that change to the ToS by HostDr shall not be grounds for early contract termination or non-payment.
In this Agreement, unless the context requires otherwise, the following words shall have the following meanings:
"Abuse Complaint" is a complaint, either by HostDr or a third party, about the Client's use of the Services;
"Bandwidth" is the data transferred by the Client using the Services to other equipment on the Internet. For the avoidance of doubt, this includes transfer of data between the Services and other equipment hosted by HostDr;
"IP" means Internet Protocol;
"IPRs" means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trademarks, service marks, trade names, and goodwill;
"Latency" is defined as the meantime for a packet to be transmitted between two points in the HostDr;
"Network" means the Internet;
"Network Data" means data transmitted by the Client to the Network;
"Network Availability" is defined as the percentage of time HostDr is contactable over a calendar month;
"Network Unavailable Time" is when a portion or the entirety of the HostDr network is unavailable, and this affects the provision of the Services to the Client. Network Unavailable Time excludes Scheduled Maintenance, and those situations defined in the "Exclusions" section of the Network Service Level Agreement;
"Notified Maintenance" means essential maintenance to be carried out by HostDr in relation to the Services, Hardware and/or Software, which has been notified to the Client;
"Packet Loss" is the number of packets, as a percentage, that does not reach their destination within the HostDr network;
"Schedule" means the schedules and/or Internet/telephone orders to this Agreement from time to time, describing the Internet-related services requested by the Client including without limit details of the requested Bandwidth, Hardware, and Software; "Scheduled Maintenance" is defined as maintenance necessary for the continued provision of service, including but not limited to network upgrades and security updates;
"Services" means the Internet-related services described in any Schedule made hereunder and which are supplied or to be supplied by HostDr on and subject to the terms of this Agreement and any schedules made hereunder;
"SLA" means service level agreement;
"Software" means the computer software provided by HostDr in connection with the Services;
"Storage" means the amount of data stored on the Client's hardware, including but not limited to the Client's software;
"Threat" means any and all malicious activity, including without limitation, any viruses, worms, trojan horses, malware, and any other malicious code;
"Support Call" is defined as a telephone call by the Client to HostDr telephone number, published on HostDr;
"Billing Portal" is the billing control panel that the Client may access at https://eclipsenetworks.ltd.uk/store/vps
Refunds and Disputes
All server plans that are on a monthly payment plan will be eligible for a refund within 7 days of the creation of the server in our database, this point is not marked by the time at which your initial payment is processed and may differ by several hours or days. Refunds cannot be requested without probable cause. In addition, the downgrading of a service plan will be applied to the client’s account as a credit for the remaining balance of the monthly billing cycle. Any credit applied to the account from downgrading the server plan is also non-refundable. Credit added using the “Add Funds” function is non-refundable and is automatically applied to your invoice each pay period. Any accounts which initiate a chargeback or dispute on a payment will have their services automatically terminated and the account closed.
To terminate your services you must cancel any PayPal subscriptions active and cancel via our WHMCS billing area at https://eclipsenetworks.ltd.uk/billing. A cancellation can be induced at any point in time and executed immediately or at the end of the billing period.
HostDr will attempt to cancel PayPal subscriptions via API requests after receipt of a cancellation request, however, it is the client’s responsibility to ensure any active PayPal subscriptions to HostDr are canceled via their PayPal. Therefore, we cannot and will not be responsible for unintended payments made via the automatic payment subscription service. Click here for more information on how to cancel a PayPal Subscription.
HostDr is not responsible for unintended payments made from using the automatic payment subscription service through Stripe or Paypal.
Cancellation requests are not refunded requests. If you are eligible for a refund then a formal refund request ticket must be sent within the 7 day refund period. Any requests made outside of that refund period are not valid or eligible for a refund.
If you cancel your service the invoice from that month needs to be paid or we will charge an extra 20% of the product on top as a late fee.
All services that are late over 2 weeks will have a late fee of 20% of that product added.
Liability Limitation and Exclusion
HostDr, under no circumstances, shall be held liable for any data loss, disruption of information, or distribution of information including that of unauthorized access to our server systems or any other loss of data. HostDr shall not be held liable for any disruption, delay, or disconnection of services for any period of time.
All Support requests for any services provided by HostDr shall be submitted through a Support Ticket or Discord Server Support. Any other form of contact other than the Billing Panel Ticket system or Official Discord Server is not guaranteed a proper answer from an official HostDr Team member. In addition, not all support requests will be able to be performed over the Billing Panel Support service. Support agents will direct you through the ticket if this is necessary.
While we offer instant database creation from our Pterodactyl panel you need to understand that our databases are provided as a free service. Because of this we do not hold any liability for MySQL data loss or corruption. By using a database provided by HostDr you understand that we reserve the sole right to terminate it if we deem it necessary, additionally, our MySQL service is not to be used for personal use, this is not limited to but includes private websites, and other non-server uses.
HostDr cannot guarantee that all promotion codes will always be available. We reserve the right to disable any promotion at any time.
HostDr offers both a Partnership program and an Affiliate program. Partners and Affiliates are expected to uphold the values of HostDr along with our ToS. Partnerships and Affiliate programs can be terminated at any time.
HostDr retains the right to seek and consult with any appropriate authorities that may need to be involved in the event of an issue arising whether it is through violation of this policy or any other illegal occurrence requiring involvement of law-enforcement agencies.
While we offer unlimited bandwidth and space to our customers we reserve the right to request that you delete excessive file such as large logs or anything else we deem excessive. We do not support the use of any custom jar file or files uploaded by the user. Any uploaded files that cause the server to lag or make the server unplayable are not the responsibility of HostDr.
If we find your server using any sort of exploit to bypass limits put on your server such as RAM or security your server is subject to being terminated without refund. User will also loose access to using any of our services in the future.
Additionally we reserve all rights to terminate your server or service upon any violation of these terms or any other basis if deemed needed.
HostDr services may not be used for illegal purposes, or in support of illegal activities. HostDr reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Using of the HostDr services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Using of the HostDr services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Forgery or Impersonation
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Use of HostDr service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes” and “chain letters.”
Use of the HostDr service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of HostDr or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending HostDr account is subject to immediate termination and further investigation.
Network disruptions and unfriendly activity:
Use of the HostDr service for any activity which affects the ability of other people or systems to use HostDr Services or the Internet. This includes “Denial of Service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. HostDr will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Fraud involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. Fraud is strictly prohibited and offenses will be investigated.
Third-party Links, Sites and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by HostDr. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from HostDr, you do so at your own risk and you agree that HostDr will have no liability arising from your use of or access to any third-party website, service, or content.
Support Abuse Policy Guidelines
The following are our support policy guidelines that all clients must abide by using our services. Any violations of these terms and conditions can result in a temporary or permanent ban from services such as Live Chat, Premium Support, or permanent termination of their account.
Please read this agreement carefully before registering and using the HostDr support services. By signing up for the HostDr, you indicate your acceptance of this agreement and its terms and conditions.
Any form of racist, sexist, or harassing language.
Threats, either personal or professional. That includes threatening to initiate undue chargebacks with their credit card processor, threatening to expose information about the support agent, emotional blackmail, stalking, and constant harassment.
A history of bad behavior with no sign of improvement or change.
Frequent and repeated requests especially when ignoring support’s responses/resolutions.
Fraudulent activity or phishing attempts trying to “trick” agents into giving out information or completing requests they know aren’t permitted.
Any forms of hardware abuse. solicitation or illegal activity being performed using our services.
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