These Terms and Conditions ("Agreement") governs the use of the services ("Service" or "Services") that are made available by BelCloud Hosting Corporation ("BelCloud Hosting Corporation", "BelCloud", "TrueHoster", "we", "our" or "us"). These Terms and Conditions represent the whole agreement and understanding between BelCloud Hosting Corporation and the individual or entity who subscribes to our service ("Member", "Members" or "you").PLEASE READ THIS AGREEMENT CAREFULLY.
By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. TrueHoster may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that TrueHoster believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.Changes to the Terms and Conditions
We reserve the right to amend the Terms and Conditions (as defined below) at any time. All amendments to the Terms and Conditions will be posted on the Website. If you do not like the changes we make, you can terminate your service. Continued use of the Website will, however, be deemed to constitute acceptance of the new Terms and Conditions. No other terms or changes to the Terms and Conditions will be binding unless agreed in writing signed by us.
TrueHoster offers Members domain name registration, website hosting and email hosting services for the duration of the service term purchased from us.
Services are provided on the basis of facility and equipment availability. TrueHoster reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason.
Access to the web and email servers is terminated upon expiry of the Service.
Details regarding your account can be found on the profile page after you register.
Need for an Account
If you would like to place an Order through the Website, you will need to register for an account on the Website which you will be able to access through the member area part of the Website, and by which you will be able to change the details that we hold about you and administrate the Services that we provide to you. You may browse the Website without registering for an Account, but, to submit an Order, you must register for an Account.
If you have an Account
If you already have an Account, you can login to your Account to submit an Order.
If you do not have an Account
If you do not have an Account, to submit an Order you will need to register for an Account. To register, you need to supply us with your name, address, email address, a password and possibly some other personal information. See our Privacy and Cookies Policy for more details about this. You can provide us with that information by filling in the necessary information on the Website manually where indicated and then following the instructions on the Website.
Registering for an Account
Once you register for an Account, you will be asked to input an Email and Domain name for your account. You will receive the Password through Email. The Email and Password are the means through which you access your web hosting services. You may change this password by accessing your Account and following the instructions. You must keep the password confidential and immediately notify us if there is any unauthorised use of your email address or your account or any breach of security otherwise known to you. You acknowledge that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your Account.
Valid email address
You must be registered for an Account with a valid email address that you access regularly, so that, amongst other things, we can send administration and information emails to you. Any Account registered with another person's email address or with a temporary email address may be closed by us without notice. We may also require you to validate your Account at registration or if we believe that you have been using an invalid email address.
We reserve the right to reject any registration for an Account and to refuse use of or access to the Website to anyone for any reason, in our absolute discretion.
We shall use our reasonable endeavours to correct any errors or omissions in the Services as soon as practicable on a 24/7 basis all year round after receiving full and clear information on them. However, since we do not guarantee that the Services will be free from faults, we shall provide email support accessed by means of a ticketing system for you to use for us to deal with any faults and also for answering queries ("Support Services"). We shall use our reasonable endeavours to respond to a request for Support Services within a reasonable time, but we cannot guarantee any particular result or outcome nor within any particular time. In particular, without limitation, we may need to obtain support in turn from a third party that assists us with the provision of the Support Services.
TrueHoster is currently offering the following hosting plans ("Current Plans"):
Hosting plans that are not listed above ("Legacy Plans") will no longer be offered for new applications or for plan change requests.
All TrueHoster web hosting accounts will display a "Test Page" web page by default when activated. This page informs visitors that the Member has recently setup their account with TrueHoster. The "Test Page" default index web page may be removed by the Member at any time once they have access to the web server. The "Test Page" web page may include such things as, but without limitation to, the following:
All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default TrueHoster error page. This error page informs visitors that the web page they are looking for cannot be found, and may include such things as, but without limitation to, the following:
Depending on which hosting plan you choose, you may request to change the billing term of your hosting service through Member Zone. In such cases, the expiry date of your hosting service will be adjusted according to the billing term that you have requested. Any optional features for your hosting plan will be billed according to the term that you have requested.
All TrueHoster web hosting services, including service trials and promotional hosting offers, and their billing terms may be prorated and adjusted to expire on the last day of a month.
All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in Member Zone. TrueHoster is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.
In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, upon expiry.
TrueHoster's email service provides customers with the capability to send and receive email via the Internet. TrueHoster retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems.
As an owner and operator of the equipment and other resources utilized to provide services, TrueHoster has the legal right to block electronic communications from other entities on the Internet.
What "Unlimited" means
TrueHoster does not set an arbitrary limit on the amount of resources an account can use. Subject to this Agreement, TrueHoster will make every commercially reasonable effort to provide Members with the necessary storage, bandwidth, and other server resources to power their websites, provided that the Member's use of the service complies with the terms specified in this Agreement.
What "Unlimited" DOES NOT mean
TrueHoster's offering of "unlimited" services does not allow the actions of individual Members to negatively or adversely affect the service experience of other Members. TrueHoster's shared hosting service is designed to meet the typical needs of an average small business or home business website. Our services are not intended to support the greater web hosting needs of large enterprises or to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be used as a media file streaming/sharing hub. Members found to be adversely affecting the performance of other Member accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by TrueHoster administrators and anti-abuse controls. These Members will then be asked to consider Virtual Private Server (VPS) or Dedicated Server services. Serious offenses will result in the account service suspension or termination, with or without notice.
The reselling any of the Service's resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice.
TrueHoster offers domain name registration and renewal services in partnership with ICANN accredited registrar HEXONET GmbH . TrueHoster processes registration and renewal services through these respective registrars at its discretion. Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate.
Domain transfer services are included only for active domain names that are either registered or renewed through TrueHoster at the regular rate. Members may transfer expired domain names and domain names that were purchased at a promotional rate to another domain name registrar by paying a Domain Transfer Fee. The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes.
All TrueHoster fees and charges are quoted and billed in EURO unless otherwise noted.
The Fees are payable yearly in advance in respect of the web services you will be receiving in the coming year, and you will pay the Fees for the first year of provision of the web services to you in advance at the time that you submit your Order.
You are able to pay the Fees by PayPal, Credit Card, BitCoin, Wire Transfer, PaySafeCard, PerfectMoney, SEPA Direct Debit, ecoPayz, Neosurf, MINT and SafetyPay; you must have an account with the respective payment processor in order to submit an Order and you must agree to their terms and conditions in order to have such an account. We shall not be bound to supply any services to you until we have received the necessary cleared funds in full.
TrueHoster uses an external payment processor system for credit card payments at this time. All members are required to maintain valid credit card information on file for the processing of any applicable service fees.
TrueHoster may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Services provided to Members who have listed a foreign address are subject to applicable taxes in their respective country.
Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.
Invoices for all TrueHoster services can be found by logging into the user account.
After you have paid the Order, we will activate the Services that are the subject of your Order. We inform you of such activation through the e-mail you provided.
Billing inquiries and disputes should be brought to TrueHoster's attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate. If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, TrueHoster reserves the right to put your domain name into "Registrar Hold" status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved. Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon TrueHoster of the Account Reactivation Fee (see below).
Any applications or requests for services will be declined if TrueHoster cannot be successfully processed within 72 hours of the order. In-store credit and coupons issued by TrueHoster are not transferable and are of no cash value.
TrueHoster reserves the right to modify service fees and rates, effective upon posting on the TrueHoster website or on this Agreement.
TrueHoster may terminate your Service under the following circumstances (non-exclusive list):
All Member data is removed from TrueHoster servers for such terminations.
You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through e-mail or service ticket. Our contact information can be found on the Support page of our website.
When submitting your cancellation request, you must provide the correct account username and e-mail for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.
Refunds will not be given for services that are billed monthly or for one-time service fees, such as web design fees, file recovery fees, domain redemption fees, etc.
Cancellation within 30 days: You may cancel any of the Services at any time within 30 days of having received the Order Acceptance. Such a right will not apply to: domain name registrations or SSL Certificates.
To effect a cancellation in accordance with this Clause 17.3, you should contact us within 30 days of having paid the order on email@example.com.
You are eligible for a refund on hosting services that are billed yearly under the following circumstances:
If you cancel your account within 30 days of sign-up, you will, upon request, receive a full refund on the hosting fees paid, less any one-time service fees. The refund will be issued through the same payment method used when you paid the invoice.
If your hosting plan includes a free domain name, you will be required to pay a Domain Reimbursement Fee to reimburse us for the domain name registration when you do any of the following before your hosting plan subscription expires:
The amount of this fee will vary depending on the domain type and on the registration term.
Only one refund may be issued for each invoice. TrueHoster reserves the right to grant or deny any refund requests.
Domain name registrations, regardless if it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term.
Please note that the free SSL Certificates are issued through Let's Encrypt Open Certificate Authority and the SSL Certificate will remain issued for the duration of the term.
When you apply to use TrueHoster services, you will be asked to input an Email and domain name. You will receive the Password through Email. The Email and Password are the means through which you access your web hosting services. You acknowledge and agree that it is your responsibility to safeguard the Email and Password you select from any unauthorized use. IN NO EVENT WILL BELCLOUD HOSTING CORPORATION BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR EMAIL OR PASSWORD.
Members are responsible for maintaining accurate account information at all times. This information can be updated when logged into the account.
TrueHoster does not allow the use of unsolicited commercial email ("Spam") to promote products or services. Any Member engaging in the sending of Spam through our network or promoting information on websites hosted by us will be considered in breach of this Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with Republic of Seychelles laws, and the laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.
The following is a non-exclusive list of content and behavior prohibited by the Service:
You agree that, unless other instructions are posted on TrueHoster's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or ticket system to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for BelCloud Hosting Corporation posted on TrueHoster.com website. All notices shall be effective upon receipt.
Email newsletters will only be sent directly by TrueHoster. Member information will not be disclosed or sold to any third parties. You may also be contacted by TrueHoster's designated customer review software provider for customer experience and service feedback.
TrueHoster reserves the right and sole discretion to:
The Service is provided on an "as is" and "as available" basis and the use of the Service is at your own risk. TrueHoster makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. TrueHoster is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by TrueHoster.
In no event will TrueHoster be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
TrueHoster, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
In no event shall TrueHoster be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold TrueHoster harmless from and against, and to reimburse TrueHoster with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by TrueHoster by reason of or arising out of or in connection with:
TrueHoster will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of nature, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the Republic of Seychelles.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Republic of Seychelles for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
TrueHoster does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
TrueHoster's Acceptable Use Policy ("AUP"), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:
At its discretion, TrueHoster can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
This Agreement, as may be updated from time to time and posted on TrueHoster Website, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.