TERMS OF SERVICE

Delivery of Services

Immediately upon successful payment you will receive an automated receipt from our systems. Please print and retain a copy of this and retain in a safe place for future reference.

Your unique email will be on this receipt and should be used for any enquires to OneBigHosts.

Please note that we aim to deliver all goods as soon as the signup is complete. If we will be unable to adhere to this you will be informed via email or telephone or both. Payment will be deducted when services are delivered.

All orders are delivered electronically via email, If you have any questions about your order please contact us at billing@h4g.co

OneBigHosts aims to respond to all enquiries within 24 hours.

Please check regulations in the country you are in to see if these products are allowed for import into your country.

We will not add charges to customers using either VISA or Mastercard card schemes. The final price will be the same regardless of payment method

OneBigHosts may perform additional verification on orders via telephone, SMS or other fraud detection systems.

General Terms and Policies

The Service is provided to authorised persons or organisations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.

Coverage – If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.

Prices and Charges – OneBigHosts provides the use of cPanel and backyard to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.

Term – The Service is provided to you for as long as you wish to use it, however we withhold the right to terminate the service if you use it in a way that violates the terms of use. Certain products and services such as Colocation, IP Transit, Private Cloud, Public Cloud or any customized offering is offered under a contractual term of 24 months, unless otherwise explicitly stated. Such contracts if terminated early will incur an early termination fee of no less than 50% of the remaining term of service.

Acceptable Usage Policy

It is acknowledged by users of OneBigHosts services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on OneBigHosts servers.

Shared & Reseller Services:

Resources such as MySQL databases, subdomains, POP3 mail accounts, SMTP mail accounts, FTP accounts should not be used and created in such a way that can potentially have adverse effects on the normal optimal operation of our services.

Accounts should not exceed the limits as enforced by CloudLinux on our servers :

• CPU Usage: As stated on plan
• pMEM: As stated on plan
• vMem: As stated on plan
• Entry Processes: As stated on plan
• I/O: As stated on plan
•  

Semi-Dedicated Services:

Resources such as MySQL databases, subdomains, POP3 mail accounts, SMTP mail accounts, FTP accounts should not be used and created in such a way that can potentially have adverse effects on the normal optimal operation of our services.

Accounts should not exceed the limits as enforced by CloudLinux on our servers :

• CPU Usage: As stated on plan
• pMEM: As stated on plan
• vMem: As stated on plan
• Entry Processes: As stated on plan
• I/O: As stated on plan
•  

Virtual Private Servers:

If OneBigHosts in good faith believes your resource usage (CPU / hard drive and network connectivity usage) is and/or will potentially have negative effects on the normal optimal operation of our normal optimal operation of our services, we reserve the right to request you to upgrade to a dedicated server or a higher plan.

User 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 software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client.
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield, etc
• Run cron entries with intervals of less than 15 minutes.

File quota limits are enforced to ensure system operating integrity and reliability and are limited to 300,000 files on Linux plans. The intention of OneBigHosts is to provide ample resources for customer convenience, so that customers needn’t to worry about exceeding limits.

It is also acknowledged by users of OneBigHosts services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. OneBigHosts takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of OneBigHosts services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. OneBigHosts, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.

It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce,OneBigHosts reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the “fair-use” of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of OneBigHosts.

If a “Fair-Use” breach occurs, which’s determination is solely up to OneBigHosts, subscriber may have to remove files from or reduce access to subscriber’s account to an extent as determined by OneBigHosts, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that OneBigHosts may have to take.

Grounds for Suspension and Termination

You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for OneBigHosts to suspend or terminate your account. You agree that OneBigHosts has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following

• Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
  Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of $30 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
• Using your hosting as a file or image hosting service.
• Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
• Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are exempted from this.
• Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
• Uploading, linking to or storing warez, cracks or other pirated software.
• Hosting IRCD, image hosting sites, autosurf, port scanners, banner-ad services, escrow, banking, investment, lottery, gambling and pharmacy sites.
• Hosting nulled or cracked versions of scripts or softwares and other licensed softwares and/or programs.
• Assisting in or directly distributing copyrighted material.
• Excessively using the Service in such a way as to limit the bandwidth available to others.
• Providing fake or incomplete contact details, including name, postal address and telephone number.
• Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
• Using the Service for unauthorised relays through any third party systems.
• Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
• Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account, impose a $50 fine per chargeback and deny any future business.
• Any threat of legal action against OneBigHosts by a client will result in immediate account and service and agreement termination without refund. Additionally OneBigHosts shall cease all further communication with the client.
• Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
• Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
• Attempting to cancel, supersede, or otherwise interfere with email other than your own.
• Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
• Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
• Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
• No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, OneBigHosts may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
• Security – You agree not to access or attempt to access private areas of the Service. You agree to notify OneBigHosts as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
• Intellectual Property – OneBigHosts does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to abuse.support@h4g.co
• Child pornography, in any form is strictly forbidden on our servers and services.
• Continuing a specific identification of the allegedly infringing material and the location(s) on OneBigHosts’s facilities where the materials are to be found. Upon receipt of such written notice, OneBigHosts will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If OneBigHosts receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, OneBigHosts will send you a copy of that notification. Unless you notify OneBigHosts of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or otherwise made accessible again.
• Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by OneBigHosts, neither OneBigHosts nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. OneBigHosts neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that OneBigHosts is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on OneBigHosts equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless OneBigHosts and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
• You agree that, should you use the Service to send or receive voice communications, OneBigHosts is not acting as a telecommunications carrier or telephone company, that there is no representation made by OneBigHosts as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that OneBigHosts has no liability of any sort for the failure or lack of quality of such use of the Service.
• You agree to be liable for any damages or loss of service which results in damages to OneBigHosts as a result of any spamming or other violations. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that OneBigHosts may pursue any such claims against you in Court.
• You agree that in no event will OneBigHosts have financial liability to you.
• Warranty – OneBigHostS MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD OneBigHostS ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY OneBigHostS OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
• THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY OneBigHostS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; OneBigHostS DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. OneBigHostS DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
  

  SPAM and Unsolicited Commercial Email (UCE): OneBigHosts

  takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of The Company may not use or permit others to use our network to transact in UCE. Customers of OneBigHosts may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

• • Violation of OneBigHost’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, OneBigHosts will initiate an immediate investigation (within 48 hours of notification). During the investigation, OneBigHosts may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, OneBigHosts may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, OneBigHosts reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. OneBigHosts will notify law enforcement officials if the violation is believed to be a criminal offense.

• First violations of this policy will result in an “Administrative Fee” of $300.00 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $600.00 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $300.00 per hour that OneBigHosts personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your servers.

Content

You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. OneBigHosts has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.

Overages

By default OneBigHosts will suspend your services when your account limits such as Disk Space & Bandwidth are exhausted unless prior arrangements are made to either upgrade your plan or bill you at an agreed cost. Such overages will be charged at a cost agreed upon by the customer and OneBigHosts.

Disputes

All billing disputes must be brought to OneBigHosts’ attention by opening a ticket with our billing department within 45 days from the days of payment.

You agree that any dispute between you and OneBigHosts arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and OneBigHosts will be submitted by the aggrieved party for binding arbitration.

Billing

Fees for individual Services are set out on the page describing the Service (Fees). We will begin to charge you for those Fees on the Effective Date of that Service. Certain Fees are based on usage rate of the Services. These will be calculated as set out on the website describing the Fees, and added to the Fees. Other than usage based Fees, all Fees are billed in advance. Special promotions applied to Fees do not reoccur, nor will promotions offered to other customers necessarily be offered to you. Fees paid to third parties and set up fees are not refundable.

Invoices for renewal of a service is generated 14 days prior to the end of current term and is due on the date mentioned as the due date on the invoice.

If you provide us with a credit card to pay the Fees, we will attempt to charge your card no sooner than 2 days prior to the Due Date. It is your obligation to ensure that your credit card may be charged. We have no responsibility to provide the Services, or preserve data, if your credit card is declined for any reason.

Once an invoice is overdue, i.e past it’s due date a late fee of 10% but no lesser than $2 will be applied to the invoice.

Service associated to an overdue invoice will be suspended after a period of 3 days and terminated and all data removed after 7 days if the invoice continues to remain unpaid. Multiple reminders will be sent by OneBigHosts before suspending or terminating a service.

If an invoice is paid after the service has been terminated a reactivation fee of $25 will apply provided OneBigHosts is able to restore all of your data.

If multiple invoices are overdue in an account, all services in the given account or other accounts linked to this account may be affected.

Cancellation Procedure

Cancellation requests must be submitted through the client area. To do this, open a ticket with our Billing & Accounting department.

It is your responsibility to ensure any paypal subscriptions and/or recurring Credit Card subscriptions that you may have setup are cancelled, OneBigHosts will not be responsible for any funds paid to us in excess and will not refund them.

No other forms of cancellation are accepted.

Cancellations must be submitted before the invoice for that billing cycle is generated or at least 7 days before renewal. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices. Cancellation requests submitted after the invoice has been raised will incur a late cancellation fee of not less than $15 and not more than $100.

Migrations

OneBigHosts offers free Migration services as a courtesy with our cPanel hosting services. The number of accounts that can be migrated are as follows:

• Shared & Semi-Dedicated Plans: 1 cPanel account.

Additional number of accounts migrated would incur a fee of $2 per account.

Migration services are not available for Unmanaged VPS or Dedicated server customers or customers not coming from a cPanel environment.

OneBigHosts offers it’s migration services in an as-is basis and makes no guarantess or time commitments at all.

Backups

OneBigHosts performs nightly backups of shared, semi-dedicated and reseller servers; however, these backups are for OneBigHosts’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. OneBigHosts does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on OneBigHosts’ part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

OneBigHosts does not backup customer Dedicated servers. We offer Remote Offsite Backups as an available addon for all VPS and Dedicated Services which can be availed at a fee.

Amendments

These Terms and Policies may be amended in any respect at any time by OneBigHosts upon the posting of the amended Terms and Policies on the terms of use section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to OneBigHosts.