All users of CenterHop’s services, and all customers upon signing up for CenterHop’s services, agree to comply with CenterHop’s Terms of Service (“TOS”). The spirit of the TOS is to ensure customers are using CenterHop’s services with due regard to the rights of other Internet users and in conformity with the requirements of CenterHop’s network environment. The TOS are not exhaustive and CenterHop reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.CenterHop.com or notification of the modified TOS. Any complaints about a customer’s violation of the TOS should be sent to abuse@CenterHop.com. The TOS supersedes any other agreement with CenterHop, whether written, oral, by conduct, or otherwise.
a. Prohibited Content We prohibited these content as below: (including but not limited to)
- pirated software / warez
- pornographic / sexual content, or direct links to adult content elsewhere
- bulk e-mail sending systems
- hacking / cracking discussion or the provision of tools to hack / crack
- keygens / serials / patches
- BitCoin related services or other processes that utilizes “unused” CPU (i.e. WorldCommunityGrid, SETI@home, FOLDING@home etc)
- content that is an infringement of patented technologies and software, trademarks and intellectual copyright
- sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare
- software designed to disrupt network communications of a remote host or server not under the control of CenterHop
Prohibited Content Responsibility of content contained upon virtual machines under the control of a client is the responsibility of the client. In the first instance of prohibited content being detected on a client owned device, the device will be suspended and the customer notified for action to be completed (such as termination of an offending account upon the node, reformatting of the individual machine). Such actions should be completed within a maximum of twelve (12) hours or to the timeframe specified by the supervising member of staff. Further violations of clause 1(a) of this document after previous incidents will result in the immediate termination of the virtual machine. b. Resource / Usage Limits Devices are allocated set quotas of both disk space, and access to RAM and bandwidth (measured in MB, GB, and GiB respectively). Attempts to circumvent monitoring of these quotas will result in suspension. Expansion of quotas will be subject to further billing, to be discussed with a member of our Sales team. While we make every effort to provide full access to allocated resources, there may be cases where access may be limited due to hardware or software limitations. In this event, we are not responsible for any restrictions that may be imposed. Templates provided by CenterHop for installation upon a guest are provided as is, with no warranties expressed or implied and no responsibility is taken for any security issues that may be contained upon said template. In this event, CenterHop will take reasonable steps to provide a replacement within a reasonable duration. Clients are responsible for the upkeep and general maintenance of their device. Subscriber’s programs and services may not use more than 90% of one CPU core per process thread for more than 15 minutes. Subscriber’s programs and services may not use 100% of one CPU core for more than 2 minutes. While CenterHop utilises KVM virtualization technology, abuse of a host node where such usage may be deemed as a cause for instability will result in immediate suspension by a member of our Network Operations team. CenterHop reserves the right to suspend such abusive devices without warning, or to implement traffic shaping or limiting upon an abusive device. c. Backup All CenterHop virtualization products are self managed and as such CenterHop takes no responsibility for data stored upon virtualized resources. Access to daily backups is subject to additional charge. However it should be noted that these backups are primarily for administrative purposes. CenterHop makes no guarantee to the completeness and quality of each backup made or to the availability of each backup set. It is the responsibility of the client to make full and regular backups of their device and hereby disclaim CenterHop for any liability for any lost or damaged data, even if the cause of that loss is found to be the responsibility of CenterHop.
3. Electronic Mail
CenterHop provides the ability for electronic mail to be sent via their platform through all services. In using our services, you do hereby confirm that all electronic communications are opt in, and that all solicited mailings comply with the terms of the CAN-SPAM Act of 2003 (and all amendments) and the The Data Protection Act 1998, and; The Privacy and Electronic Communications Regulations 2003 (and all subsequent amendments). CenterHop reserves the right to withdraw access to SMTP services or implement rate limiting against any customer deemed to be in breach of these terms. In the event of violation, CenterHop will be the sole arbitrator as to the content in violation of Section 3 of this document. CenterHop understands that bulk email is an important mechanism for keeping people informed. However, spamming from CenterHop’s network, and spamvertising (unsolicited advertising of) sites hosted on the CenterHop’s network, is prohibited. Legitimate bulk email meets the following criteria:
- ALL recipients have confirmed willingness to be added to a distribution list by clicking on confirmation links or (preferably) by responding to verification emails.
- Distributed messages include valid headers, removal instructions, and information on the method by which the subscribed addresses were obtained.
The usage of partially confirmed recipient lists is not allowed. All bulk email senders must post privacy policies and must be clearly identified to recipients during the subscription and confirmation process. The usage of third-party distribution lists is prohibited. If CenterHop approaches a client for evidence of confirmation, the request must be honored within 48 hours of the initial spam alert. Deactivation of an account or service may be required, until proof of confirmation is provided and approved. CenterHop reserves the right to require termination of any services involved in the transmission of unsolicited email. If any activities lead to blacklisting, the involved client may be charged an abuse fee of $100 USD.
Clients are expected to make payments through their chosen payment method on time. Invoices are generated thirty (30) days before product renewal dates. Services held unpaid for a period of five (5) days after the due date will be suspended. Dedicated servers in arrears will be terminated 24 hours after the renewal date of the service. Hosting, VPS services still in arrears will be terminated, with the loss of all data after a period of thirty (30) days. Invoices still in arrears after five (5) days will be subject to a late fee calculated base on flat 5% interest rate on the total outstanding amount of the invoice.
In the event of a dispute regarding payment, you agree in the first instance to make contact with a representative of CenterHop before making contact with your bank, credit card provider or other payment gateway (such as Paypal). In the event of a dispute, this dispute must be filed with CenterHop billing within a period of one (1) month of the date of invoice generation. In using the services provided by CenterHop, you agree to these terms as described above. In the event a dispute is filed before all reasonable steps taken as described above, CenterHop reserve the right to seize any purchased assets up to the value of any loss we are incurred via our merchant providers, close your account, or refer your debt to a third party debt collection agency for resolution. CenterHop also further reserves the right to proceed with further civil or criminal proceedings.
6. Product Transfer
Movement of a product or service (including, but not limited to; hosting, VPS, dedicated servers, domains) to another client account is at the discretion of the manager on duty at the time of the request. We make no guarantees that we will move a product to another client account.
CenterHop offers a 30 day money back guarantee to all new customers on the first product they purchase with us. If the product in question is not the client’s first order, entitlement will be considered null and a refund will only be granted at the discretion of the CenterHop representative dealing with the issue. If a client has previously requested a refund with the 30 days of previously ordering a product, they are required to wait 12 months before they may request another refund within the refund deadline on any products they order. In the event of the registration and transfer of domain names, entitlement to a refund after the registration request has been submitted to the registrar (which is immediately after the order is placed) is considered null. Where a product contains any free gifts such as, but not restricted to: free domain registration, free SSL certificate, free IP address and the free gift has been claimed, entitlement to a refund will be considered null at the time of provision of extra services. Where the product in question is not described above, such in the case of services, customer is only entitled to a refund if the development of this service has not began, or we are unable to complete the service for whatever reason. However, if we are unable to complete the service because of the user’s actions a refund will no longer be provided. All refunds are at the discretion of CenterHop, despite the refund policy declared here. Specifically, our 30 days money back guarantee does not apply to all customers placing orders through their devices with assigned Vietnamese IP addresses.
8. Backup Retrieval
In the event of a client’s account being terminated due to non-payment of invoices, breaching any clause of this document or at the discretion of a member of CenterHop, an administration charge of $15 USD per account will be invoiced for investigation of suitable restoration points. If it may be the case that CenterHop may fail to identify a suitable restoration point from our automated systems, this charge shall be regarded as non-refundable.
9. Use of Services
The term “unlimited” is defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. Examples of primary purposes for an account that are not allowed include, but are not limited to:
- Audio/Video streaming (other than that which is incidental to a site’s operation)
- Very large photo galleries
- Storage of a large amount of uncompressed or full-size digital images
- Online file (FTP) serving
- Distribution of large audio or video content such as MP3 files
- Online backups (i.e. backup of desktop/laptop computer, files, or anything not directly related to the website)
You may not place excessive burdens on our CPUs, servers or other resources, including our customer support services. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result our need to place restrictions on your use of the Services. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers. Share web hosting accounts are allowed to use a maximum of 600,000 inodes and 35 concurrent HTTP connections to the server. Backups older than 30-days in a customer account may be removed from the server at our discretion. Complimentary daily backups for shared web hosting backups are limited to a 50GB quota. If you exceed 50GB of disk usage in your account, your account will no longer be backed up. Please download any cPanel backups and store them locally. VPS accounts are limited to a maximum of 2,000,000 inodes.
10. Affiliate Terms
CenterHop provides an affiliate scheme for existing customers to sign up to. By signing up for the service, you agree to adhere to the following terms. You cannot refer yourself using a duplicate account and your own affiliate link. We monitor affiliates closely and will suspend all services that have been used to defraud our affiliate service. Affiliate payouts will be paid after the 60 day commission delay to a verified PayPal account, or to your CenterHop client area balance. By referring a user to our service, you cannot attempt to defraud or mislead them in anyway. If a customer requests a refund as per our 7 day money back guarantee or submits a charge back where we lose out financially, you will not gain the commission. We reserve the right to remove affiliate status from a customer’s account at any time for any, or no, reason.
11. Force Majeure
CenterHop shall not be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the services.
12. Specific Provisions
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. CenterHop may at any time revise these Terms and Conditions by updating this document. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN ANY EVENT SHALL CenterHop OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF CenterHop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL CenterHop OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY. IN NO EVENT SHALL CenterHop OR ITS SUPPLIERS BE LIABLE FOR THE FOLLOWING: (I) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY LICENSEE, ANY DISTRIBUTOR OR THEIR RESPECTIVE AGENTS; (II) FAILURE OF THE PRODUCTS TO PERFORM; (III) FAILURE OF THE PRODUCTS TO PROVIDE SECURITY;