Terms Of Service

All users of Hostacks' services, and all customers upon signing up for Hostacks' services, agree to comply with Hostacks' Terms of Service (TOS). The purpose of this TOS is to ensure that customers use Hostacks' services responsibly, respecting the rights of other internet users and adhering to the requirements of Hostacks' network environment. The TOS are not exhaustive, and Hostacks reserves the right to add, delete, or modify any provision of its TOS at any time without notice. Changes will take effect upon either posting the modified TOS on www.Hostacks.com or notifying customers of the changes. Any complaints regarding a customer’s violation of the TOS should be sent to abuse@Hostacks.com. The TOS supersede any other agreement with Hostacks, whether written, oral, by conduct, or otherwise.

A. Hostacks Dedicated Server Customer Restrictions

• Activities involved in setting up, managing, or reconnecting customer accounts, which include handling billing data and allocating server space provided by Hostacks.
• Any utilization or access granted by Hostacks to its customers, covering computing resources, telecommunications, software, information, hardware, and related equipment.
• Provision of services by Hostacks related to web hosting, domain name registration, server usage, and technical support, regardless of whether these services are paid or complimentary.
• Allocation of space, internet connectivity, or power resources to customers by Hostacks.
• Any usage or access pertaining to Hostacks' website, as well as associated sites.
• All services referenced within the Terms of Service.
• Any other service delivered by Hostacks to customers, whether utilized by the customer or not.

Registering with a false identity, creating multiple accounts, or attempting to bypass our security protocols is strictly prohibited and will lead to the suspension or termination of your account. If you need to create multiple accounts under different names but with the same owner, please contact us immediately to obtain the required permissions.

The official holder of any virtual machines (VMs), websites, and accounts associated with Hostacks will be the individual or organization listed as the account owner in Hostacks' records. Customers must fully comply with all security procedures and protocols established by Hostacks in the event of disputes regarding ownership. Furthermore, customers are prohibited from reselling, renting, lending, leasing, or sharing services, or granting access to third parties.

Hostacks customers agree to protect and indemnify Hostacks, including any related third-party entities (such as vendors), and Hostacks' executives, directors, officers, employees, and affiliates from any liabilities, losses, costs, or claims. This obligation extends to all legal fees and expenses arising from or connected to the customer's use of Hostacks' services.

The services provided by Hostacks are offered on an "as-is" and "as-available" basis without any warranties, either express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Hostacks explicitly states that it does not guarantee its services will be error-free, secure, or uninterrupted. No verbal or written information given by Hostacks, its staff, or licensors will establish a warranty; therefore, customers should not rely on such information. Hostacks and its partners are not liable for any costs or damages arising directly or indirectly from any transactions or usage of the service.

In the event a customer experiences insolvency or if a bankruptcy petition is filed against them by either the customer or a third party, Hostacks reserves the right to terminate its services immediately, without prior notice or penalties. The customer agrees to waive any automatic stay of proceedings against Hostacks under these circumstances.

To the fullest extent permitted by law, Hostacks and its affiliates (including executives, directors, employees, and third-party providers) shall not be held liable for any loss of domain names, business or personal losses, reduced revenues, increased expenses, or any indirect, special, incidental, punitive, or consequential damages arising from the use or inability to use Hostacks' services, even if Hostacks has been advised of the possibility of such damages. Hostacks' total liability to the customer for all claims related to the terms of service or Hostacks' services will be limited to the actual amount paid by the customer for the relevant services during the three-month period prior to the incident.

Hostacks reserves the right to modify, upgrade, or replace any software, applications, hardware, or other components utilized to deliver services to customers at any time. Changes made to Hostacks' services may impact customers’ personalized applications and content. Customers are solely responsible for their applications and content, and Hostacks will not be liable for any issues arising from these modifications, unless otherwise agreed in writing.

Unless explicitly stated in writing, customers bear full responsibility for managing and backing up their data. Hostacks will not be held liable for data loss, nor for any updates, upgrades, or patches to software utilized with Hostacks' services.

Hostacks strives to provide customers with advanced technologies and innovations sourced from third-party entities. However, Hostacks does not guarantee the quality, accuracy, reliability, or ongoing availability of these technologies. All implied warranties, including those of merchantability and fitness for a specific purpose, are disclaimed. Customers will not hold Hostacks liable for any revocations of licenses obtained by Hostacks. The use of any third-party technologies, whether directly or indirectly obtained, is at the customer’s own risk.

References to products or services not offered by Hostacks, whether by Hostacks, its employees, or related third parties, are purely for informational purposes and do not imply endorsement or recommendation. Hostacks disclaims any liability for claims, representations, or warranties made by the vendors of such third-party products or services.

Customers are prohibited from copying, reproducing, republishing, or utilizing any content found on Hostacks' website without explicit written permission from Hostacks. This includes all trademarks, service marks, copyrighted materials, and other intellectual properties owned by Hostacks. Customers must not misrepresent their affiliation with Hostacks or falsely present themselves as representatives of Hostacks.

Customers are required to be at least 18 years old to engage with Hostacks' services. Any individual under 18 (“Minor”) must have a parent or guardian accept the terms of service on their behalf to become a Hostacks customer. The parent or guardian who accepts these terms will assume full responsibility for compliance with the terms, including timely payments for services. This responsibility continues even after the Minor reaches the age of 18 unless Hostacks provides written consent to change this liability. Any acceptance of the terms by a Minor or on their behalf will be considered null and void, and Hostacks will not be held liable due to the Minor’s age or legal status.

The Terms of Service (TOS) and any related agreements for Hostacks services will be governed by the laws of the State of Oregon, USA, without regard to its conflict of laws principles. Any legal disputes or arbitration between customers and Hostacks shall occur in Oregon, where the customer agrees to personal jurisdiction and venue. Should any part of the TOS or any agreement be deemed unenforceable by a competent court, the remaining provisions will still be effective and enforceable.

Hostacks shall not be held liable for delays in fulfilling the TOS or services resulting from events beyond its reasonable control, including natural disasters, war, insurrection, civil unrest, riots, national emergencies, strikes, floods, fires, explosions, labor shortages, transportation issues, accidents, embargoes, or government regulations (collectively referred to as "Force Majeure"). Hostacks will strive to minimize the impact of any Force Majeure. However, financial difficulties will not qualify as a Force Majeure event and will not excuse the customer from any payment obligations.

Any waiver, modification, or amendment to the TOS or any agreements for Hostacks services initiated by a customer will only be effective if made in writing and signed by an authorized representative of Hostacks.

This agreement shall not be interpreted as establishing a partnership, employer-employee relationship, principal-agent relationship, or joint venture between Hostacks and its customers. Both parties shall be regarded as independent contractors at all times and shall not have the authority to create any obligations on behalf of the other, except as expressly provided in this agreement.

All Hostacks users are required to comply with the Acceptable Use Policies set forth by Hostacks. These guidelines encompass, but are not limited to, the following:

• Engagement in illegal activities
• Violation of Intellectual Property rights
• Spamming and unsolicited communications
• Abuse of resources
• Network abuse
• Distribution of prohibited content
• Phishing and fraudulent activities
• Account reinstatement processes
• Promotion of unauthorized software
• Prevention of retaliatory actions
• Unauthorized handling of data
• Prevention of security interferences
• Malware distribution

The management of your personal information is detailed in our Privacy Policy. By utilizing our services, you agree to the data handling practices outlined therein.

Failure to comply with any part of the Terms of Service (TOS) may result in the deactivation of your account. Hostacks will determine, at its discretion, what actions constitute a breach of the TOS. We reserve the right to terminate any account without prior notice and deny service to any individual or entity at any time.

Upon discovering a suspected violation of our TOS, Hostacks will conduct an investigation. During this period, access to services may be restricted to prevent further unauthorized activity. Based on the nature and severity of the violation, we may choose to limit, suspend, or terminate your account and pursue any necessary civil remedies. In cases of criminal violations, we will notify the appropriate law enforcement agencies.

Activities not explicitly listed may still be deemed violations if they are illegal, irresponsible, or disrupt Internet use. Hostacks does not provide credits for outages caused by service suspensions resulting from TOS violations. Individuals found in violation of these policies will be fully responsible for any costs incurred in rectifying damages to our network operations and addressing any complaints made against Hostacks.

B. Hostacks Customer Billing Policy