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Terms & conditions

General Terms and Conditions (GTC) web hosting

These General Terms and Conditions (GTC) shall apply to all services offered by HostPulse. By using our services you accept the following terms and conditions completely without any alteration.

  1. Scope of application and conclusion of contract

    1. These GTC cover the use of services and products which HostPulse provides or offers to its customers (hereafter "Customer").

      By subscribing to any of the Services and opening an account with us ("the Account") you ("the Customer") agree to be bound by these terms and conditions. These terms and conditions apply to all HostPulse accounts. They set out the basis on which we offer our services and should be read carefully.

    2. Consent to these GTC is given by using the corresponding services and products. The Customer may when requesting individual services be requested to reiterate his consent to the GTC by activating a corresponding check box. When delivering a contract or a customised quote relating to HostPulse services and products, HostPulse shall provide these GTC to the Customer together with the contractual documents in writing by mail or by email. The Customer shall in this case confirm his consent to the GTC by signing and returning the quote or the contract, or by using the service or paying the invoice. The GTC shall form an integral part of the contract with the Customer.

  2. Services and rights of HostPulse

    1. General

      HostPulse provides both free and chargeable services. The Customer shall select the services to be provided by HostPulse from the range of services available at the time of use. The conditions published on the websites of HostPulse or in the HostPulse Control Panel, or the conditions of the customised quote as the case may be, shall apply to all services. HostPulse may at any time change the range of services and limit individual services and/or cease providing them.

    2. Hosting services

      1. HostPulse will use reasonable efforts to supply a continuous service. However, we are not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. HostPulse is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.

      2. The services are calculated based on the average use of the HostPulse resources. The resources provided for web hosting (in particular, storage space, traffic, CPU/RAM use) may only be used for the ordinary operations of the Customer website. Storage space for email or other data files will be provided to the Customer for the intended use. Subletting storage space is not permitted unless otherwise agreed in writing with the Customer. This service offer is designed for use by individuals and small or medium-sized companies. HostPulse may at any time set thresholds or other usage restrictions - in particular with respect to the monthly volume of uploaded data, the permitted size and type of uploaded files or the permitted number of stored email boxes (Fair Use Policy). Individual offers may be made on request for institutions and larger companies requiring storage for a quantity of email boxes that exceeds the normal requirements of individuals and small or medium-sized companies.

      3. With respect to resource-intensive use of the Customer website by the Customer or by users of the Customer website (e.g. up/download of sound that goes beyond ordinary operations, video, streaming, games, high resolution images and graphics, high number of simultaneous accesses to the website, excessive storage of data files, in particular, caching files, on the server, excessive hard drive access (read and/or write), etc.), HostPulse is also permitted to set thresholds for individual Customers or Customer groups at any time and in its absolute discretion for the resource consumption or other usage restrictions (Fair Use Policy) and to limit the provision of the service for the Customer accordingly.

      4. HostPulse also reserves the right to block the user account of the Customer if the latter's user behaviour or the user behaviour of the users of the Customer website (e.g. a high number of simultaneous access attempts through DDoS attacks) in any way adversely affects the way the service or the Customer website operate. HostPulse shall inform the Customer (if possible within the scope of its operating resources and with respect to the concrete circumstances) in advance or immediately after the blocking.

      5. HostPulse shall endeavour within the limits of its operational resources to offer the services continuously round the clock without any interruptions. Maintenance work, rectification of problems, expansion of services, measures to protect HostPulse's infrastructure, etc. may make temporary operating interruptions necessary. The Customer shall be informed early on of such operating interruptions if this is possible in the circumstances.

      6. HostPulse is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. We are unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of the applicable law.

      7. From time to time HostPulse or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. HostPulse will give as much notice as possible and shall try to keep this work to the period specified in the notice. HostPulse accepts no liability whatsoever arising from such a suspension of the service.

      8. License costs of all third party applications and software offered with our plans are subject to change without written intimation.

      9. HostPulse will not transfer hosting account to another hosting company until all fees attributable to the account have been paid.

    3. Domain name services

      HostPulse offers customers services for the management, registration and/or transfer of domain names. By utilizing the domain name services the Customer accepts the General Terms and Conditions for domain names stated bellow.

      1. You acknowledge that HostPulse is not obliged to accept any request to register a domain.

      2. HostPulse makes no warranties of any kind with respect to availability or likelihood of registration of any requested domain.

      3. You acknowledge that domain registrations and renewals where successful are non-refundable.

      4. You acknowledge that HostPulse is unable to correct spelling mistake(s) in a domains once a domain has been successfully registered, please ensure you check before submitting the domain for registration.

      5. You agree to pay HostPulse all applicable fees as detailed on our domain pricing page.

      6. You may not be transfer away the domain from us to another registrar during the first sixty (60) days following the registration or transfer of a domain.

      7. HostPulse will not accept any transfer request for a domain that is due to expire within 7 days.

      8. HostPulse will not transfer ownership of a domain to another registrar until all fees attributable to the domain registration, renewal or transfer have been paid.

      9. HostPulse reserves the right to change the registrar that a domain is held with, at its own discretion and without notice.

      10. If you are registering a domain on behalf of a third party you are obligated to ensure the domain owner is made aware of these terms and conditions.

    4. Applications and additional services of HostPulse and third party providers

      1. HostPulse offers the Customer via the HostPulse Control Panel applications (such as TYPO3, Joomla!, WordPress) and other additional services (e.g. SSL certificates) of HostPulse or third party providers. By using the application or the additional service the Customer additionally accepts the licensing terms, terms of business, terms and conditions of use and/or the conditions of HostPulse or the respective third party provider, as described on the respective offer page or in the HostPulse Control Panel, that apply to the corresponding applications or additional services.

      2. HostPulse may at any time and without prior notice limit the use of applications or other additional services and/or remove individual applications or additional services from the range that is offered. The Customer also acknowledges that with regard to the applications there is no entitlement of any kind to receive support services from HostPulse and that he bears sole responsibility for backing up his data in connection with the use of the applications (see Cl. 4.1).

  3. Banned Content

    1. Customers must use the Services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British law is prohibited. The list of banned content includes, but is not limited to :-

      1. Illegal Material - This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.

      2. Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

      3. Proxy - We do not allow any proxy set-ups or connections or any sort of activity through remote proxy connections on our Shared Hosting, Reseller Hosting, VPS Hosting and Dedicated Servers. The first offense committed by the Customer will result in suspension of their Account. Any second violation will result in immediate Account termination.

      4. Defamatory content - any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.

      5. Bit Torrents: Use of software and scripts for "bit torrents" or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.

    2. We are under no obligation to edit, review or modify the contents of your website. However, we reserve the right to remove any content without notice. For the avoidance of doubt we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.

    3. Any Customer found to be using the Services for any of the purposes contained in Clause 3.1 may have their Account terminated without notice.

    4. The Customer agrees to fully and effectively indemnify HostPulse against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by HostPulse in consequence of the Customers breach or non-observance of this Clause 3.

    5. The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against HostPulse arising from breach or breaches of this Clause 3. Hostpulse may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide HostPulse with the assistance necessary to defend such claims, at the Customer’s sole expense.

  4. Server / Resource / Staff Abuse

    1. You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients' accounts.

    2. If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.

    3. If you operate any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to impose new terms on you in exchange for the current terms that you enjoy (i.e. an upgrade).

    4. Denial of Service (DOS) attacks directed at HostPulse, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.

    5. HostPulse reserves the right to disable/delete any feature or application provided on shared hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web servers' overall health and performance.

    6. If you are in any way disrespectful towards any member of the HostPulse staff we have full right to terminate your account with us without any refund.

  5. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

    1. You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. HostPulse would be the sole arbiter as to what constitutes a violation of this Clause.

    2. You agree and understand that we have set a limit of 250 outgoing emails per hour on linux shared hosting, Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.

  6. Backups

    1. HostPulse will use reasonable efforts to protect and backup data for clients on a regular basis, however, HostPulse does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making back-up files in connection with your use of the Services.

    2. You agree and understand that any back-up which HostPulse may carry out will not include any media files. These include (but are not limited to) mp3, mpeg, wmv or any other video/audio files.

    3. The Customer bears sole responsibility for taking the appropriate and necessary security measures to recover information and data in the event of loss or unauthorised or unintentional alteration. The security measures the Customer must take depend on the level of protection needed as well as the likelihood and severity of the risk. HostPulse recommends as a rule that Customers back up their data regularly.

    4. HostPulse assumes no warranty of any kind for the backup of the data stored on its server. In exceptional cases it is also possible that due to technical reasons, for instance, due to maintenance work, disruptions in the system or necessary replacement of parts in the server infrastructure, HostPulse will be unable to perform data backups or restorations for a few hours or on certain days. The obligation to restore lost data does not in any case apply to volatile data such as, for example, temporary data files as well as emails that are filed by the spam filter in the special box for spam mail.

  7. Invoicing and payment terms:

    1. The payment obligation for chargeable services and products shall commence upon conclusion of the contract or upon using the service. All fees must be paid in advance for the entire term or renewal term set out on the Order.

    2. The current fee(s) and payment method(s) are listed on our website. Unless a specific agreement for use of the Service(s) exists between HostPulse and you, you acknowledge and agree to pay the fee for the respective Service(s) indicated on our website at the time you submit your Order. HostPulse reserves the right to change the fees at any time without notification. Changes in fees shall be effective immediately and will apply for you as of your next purchase or renewal.

    3. All Fees listed on our website are net of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes levied on the Services.

    4. In certain cases, the issuer of your payment method may charge you a foreign transaction fee or other fees, which may be added to the final amount that appears on your bank statement or posted as a separate charge. HostPulse has no control over such fees.

    5. Time for payment is of the essence. Customer’s account(s) will not be activated or renewed until all outstanding fees are paid to HostPulse. Domain name registration fees must be paid in full before your domain name registration will be processed.

    6. In the course of the order process, in case of payment by card, you will be asked to provide your card information, which will be verified. By submitting an Order you authorize HostPulse to verify your card and charge it for the total amount of your Order. If the issuer of your payment method refuses to authorize the transaction to HostPulse, we will not be liable for non-provisioning the Service(s).

    7. In case of payment via PayPal or a similar online payment provider, immediately after submitting your Order you will be directed to the web page of the payment provider, where you will authorize the payment. You acknowledge and agree that the processing of payments will be subject to the terms, conditions and privacy policies of the respective payment processors in addition to this Agreement. Once the transaction is completed, you will be redirected to our website.

    8. You acknowledge and agree that your payment details shall be stored by our payment providers to process payment for any HostPulse Service(s) you purchase or renew.

    9. Our obligation to provide the Service(s) depends on your payment of the Fees. It is your responsibility to ensure that we receive timely payment of the Fees.

    10. We are not responsible for any deleted or lost Customer Content that results from any suspension or termination of the Service(s).

    11. Certain Service(s) may be available to you for free. Such Service(s) may only be used by you during your current Term and may not be transferred to other Hosting Accounts or to third-parties. Upon Termination of your Agreement such Service(s) will also be terminated.

    12. Invoices are due immediately upon receipt. HostPulse reserves the right to suspend and/ or terminate the Services until payment is made.

    13. By accepting these GTC, you hereby authorize HostPulse to send you invoices electronically at the email address specified in your Client Account.

    14. Should the Services be suspended due to your fault for any reason, Fees will continue to accrue until the termination or expiry of the term of this Agreement.

    15. We will apply any refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. HostPulse is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.

    16. With your prior consent we may process a refund as credit added to your Wallet to be used for future purchases and/or renewals of our Service(s). Virtual Wallet amounts can be reimbursed upon your explicit request.

  8. Refund/Cancellation Policy

    1. You may cancel your services with us at any time by following the Cancellation Process listed below. Products purchased from HostPulse may be refunded only if cancelled within the timeframe listed under Standard Refund Terms unless noted otherwise herein. All refunds are subject to conditions as set forth below in the Money-Back Guarantee Period.

    2. Standard Refund Terms - If you cancel Products/Services that are eligible for a refund under our Standard Refund Terms you will receive a full refund for your service with us, under the following conditions.

    3. Billing Frequency

      1. One year or more - Within 30 days of the date of the transaction.
      2. Less than 1 year* - Within 48 hours of the date of the transaction.
    4. Date Of The Transaction - The date of the transaction is the date a product or service is purchased, or the date any renewal is processed by HostPulse in accordance with the terms and conditions of the applicable product or service agreement. You may cancel a product at any time, but a refund will only be issued in accordance with these terms.

    5. Products/Services Eligible For A Refund Under Standard Refund Terms

      1. Shared Web Hosting

    6. Products/Services Not Eligible For Refunds

      1. Domain Name Registrations;

      2. Domain Name Renewals;

      3. Domain Name Transfer fees ;

      4. Domain Name Transfer services (if successful);

      5. Domain Privacy Services;

      6. Installation fees for custom software;

      7. Managed Services;

      8. Migration Services;

      9. Premium Domain Names;

      10. Professional Services Fees;

      11. Redemption Fees;

      12. SSL Certificates;

      13. Website Transfers;

        ALL REFUNDS WILL BE CALCULATED BY SUBTRACTING THE AMOUNTS NOT ELIGIBLE FOR A REFUND ABOVE FROM ANY FEES PAID BY YOU.

        SPECIAL NOTE: All domain registrations and renewals are final and cannot be reversed or changed once completed; please check your domain registration for any errors (typo or incorrect TLD) and also check the registration or renewal length prior to submitting your order.

    7. Purchased Product With A Free Domain - Any product purchase with a Free Domain Name registration promotion is subject to the following conditions. In the event any purchased product or service includes a free domain name, if you cancel the purchased product or service, the regular rate for the domain name will be deducted from the refund amount.

    8. Money-Back Guarantee Period For Hosting Services - If you are not satisfied at any time during the thirty (30) days following your first purchase of Hosting Services you may cancel your Services by using the cancellation form in your User Panel. You will receive a refund within ninety (90) days of the service cancellation.

      You will receive a full refund of all Shared Web Hosting, WordPress Hosting paid by you to HostPulse for the initial term. Money-Back Guarantee refunds shall be due to you only upon your compliance with, and subject in all respects to, our terms and conditions. Requests for these refunds must be made in writing to the HostPulse Support Team through your User Panel. Money-Back Guarantee Refunds will not accrue and shall not be paid under any circumstances if you do not provide the applicable refund request within this money-back period.

      Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund.

    9. Renewals of services - In order to ensure that you do not experience interruption or loss of services, all services automatically renew. We will notify you of your upcoming renewals at least 15 days in advance and unless you submit a cancellation request using the cancellation form in your user panel the services will be renewed at HostPulse then current rates using the payment method you have provided to us. If you do not wish for any service to automatically renew, you may elect to cancel the service either immediately or upon expiration of the then current term. By choosing monthly payment, you will be charged until you cancel your subscription

    10. Cancellation process - You may terminate any service at any time by using the web-based cancellation form in your user panel. You are still responsible for all fees and charges accrued prior to the effectiveness of such cancellation.  if necessary, we will contact you to verify the details of your cancellation request.

      We require all cancellations to be submitted through the online cancellation form in your user panel:

      1. confirm your identity;

      2. confirm in writing that you are prepared for all of your files and emails to be removed from our servers;

      3. document the cancellation request.

        This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

        For additional support or questions regarding your cancellation, you can contact us or submit a support ticket through your user panel.

  9. Warranty

    1. HostPulse strives to provide the hosting services carefully and professionally. HostPulse cannot however guarantee that the Customer website will be available continuously on the internet and that the data requested by the Customer is transmitted correctly over the internet. HostPulse, in addition, assumes no warranty that the services provided by HostPulse and any third parties used will put the Customer in the position of achieving the financial or other purpose intended by him.

    2. Reports by the Customer of malfunctions of the hosting service must contain a written notice of defect with a comprehensible description of the defects claimed. The Customer must also set HostPulse a reasonable grace period of at least 24 hours to remedy the defects specified in the notice of defect.

  10. Confidentiality and data protection

    1. HostPulse and the Customer mutually undertake to safeguard the confidentiality of all information and data not generally known which becomes accessible to them in preparing for and implementing the contract. This duty shall remain even after the contract has come to an end as long as there is a legitimate interest therein.

    2. HostPulse and the Customer shall be responsible for ensuring data protection and data security in their respective spheres of influence. HostPulse shall take appropriate organizational and technical measures to protect personal data from unauthorized processing. HostPulse uses personal data exclusively for the purpose of providing its own services. HostPulse also reserves the right to make personal data accessible to authorities or third parties provided it is under a legal obligation to do so. HostPulse is further authorised to inform customers of ongoing developments and new services of HostPulse itself and of partners of HostPulse. The Customer may at any time declare in the Control Panel that he does not wish any such information. HostPulse shall retain personal data only if and as long as it is necessary for the purpose of providing the services or HostPulse is statutorily obligated to do so.