Terms of Service

Terms of Service

June 8, 20212022-05-27 3:24

1. ACCOUNT SETUP

In order to set up your account, you need to provide an active and current email address for registration. If there are any problems or we need to contact you, we will use the email address you have registered with to send you communications.

If possible, set permissions on most directories to 750 and 644 for files. Users are ultimately responsible for all actions taken under their account security. This includes a commitment to make credentials such as account passwords as secure as possible, using alphanumeric passwords.

2.A CONTENT: HOSTING, RESELLER, VPS, DEDICATED SERVERS

All services offered by AtresHost may only be used for lawful purposes. The local laws of Spain and Germany are applied according to the location of the server.

The customer agrees to indemnify and hold harmless AtresHost from any claim arising from the use of our services. The use of our services consists of not violating copyrights or trademarks. This includes, but is not limited to, unauthorized copying of music, books, photographs, or any other copyrighted work. Offering to sell counterfeits of any merchandise of a copyrighted trademark will result in immediate suspension of your account.

If you believe your copyright or trademark rights are being infringed, please send an email with the required information. If the request is a licensing issue, additional documentation may be required.

It is not allowed under any circumstances to host any adult content on the servers, child pornography, warez content, cryptocurrency mining or any other illegal activity, either directly or indirectly through links to third party sites, torrents, etc.

It is not allowed to use licenses or pirated software (nulled) on our servers. Using pirated licenses or software implies a security risk in its use, both for clients and servers.

If we detect the use of pirated licenses or software, we will notify the customer and demand the cessation of its use. If after 24 hours the customer continues to use pirated licenses or software or uses it again in the future, the account will be suspended without notice, applying a penalty of 400€ to lift the suspension of the account for serious violation of the terms of service.

The disk space of your plan is solely and exclusively for hosting the files necessary for your website to function. You are not allowed to host personal files, vacation photos or videos, movies, mp3 and any files not related to your activity, including storing rar or zip files on the server.

If you have any doubts about the acceptance of your website, please contact us and we will be happy to help you.

2.B CONTENT: RADIO STREAMING  & RADIO STREAMING RESELLER

AtresHost is not responsible for the audio and music files that customers play on their radio. All audio and music files are copyrighted, the customer accepts that he has the rights of use and reproduction of all audio and music files he plays.

3. FREE HOSTING

It’s strictly forbidden to offer Hosting / Reseller / Master / Alpha / Super Alpha / Mega Super Alpha plans for free in the services you provide to your clients through your website or by any other means.

4.A BASIC SUPPORT

All AtresHost plans come with basic support, limited to fix errors that may be caused by the service provided. This means that if due to a server malfunction your website or account does not work properly, support is assured and we will solve the issues.

Basic support includes 1 initial cPanel migration.

Basic support does not include migrations from WordPress or any other CMS, blog or discussion forum accounts; installing, configuring, creating or updating your content, templates, css styles, plugins, scripts or repairing errors on your site.

As a client and before starting any software installation, code, plugin, script or theme, you must be sure to read all available documentation and view the requirements that you are asked.

Remember that each software, CMS, plugin and theme has its own support service, use them.

Basic Support includes:

  • Assistance related to service issues
  • Maximum waiting time: 24hrs
  • 1 cPanel migration (3€ per additional account to be migrated)

4.B PREMIUM SUPPORT

Our Technical Support team is at your disposal to help you in the Hosting, Reseller, Master, Alpha, Super Alpha or Mega Super Alpha services you have contracted with AtresHost, as well as problems you may have with your website or account.

Premium support offers VIP priority assistance, unlimited consultations, with a maximum waiting time of only 12 hours in consultations and includes 60 cPanel migrations per year.

Premium Support is included in Deluxe Hosting plans and Reseller services. If you need help and guidance with your plan, sign up for our Premium Support for just 80€/month.

Premium Support included:

  • Assistance in incidents related to the service provided, including all your clients’ websites
  • VIP priority assistance (maximum waiting time of 12 hours)
  • Support by tickets, mail and discussion forum
  • Choice of CMS installation, including WHMCS
  • Installation of CMS plugins of your choice, including WHMCS
  • Installation of CMS themes of your choice, including WHMCS
  • Intervention of errors in your website
  • Jetbackup backup restoration
  • 60 cPanel migrations per year included
  • Additional cPanel accounts migrations: 1.50€ per account

Excluded from Premium Support:

  • Configuration of web pages, whmcs, cms, scripts, plugins or any other type of software.
  • Updating or editing web pages, whmcs, cms, scripts, plugins or any other type of software.
  • Customization of code or design of web pages, whmcs, cms, scripts, plugins or any other type of software.

NOTE: If any assistance is not included in the list, please consult the support for your possible application.
NOTE 2: Yearly migrations of cPanel accounts non accumulative.

4.C VPS AND DEDICATED SERVER SUPPORT

We do not offer any kind of support for any issue. Our VPS servers and dedicated servers are unmanaged, this means that AtresHost only ensures that the VPS servers and dedicated servers are online and that the connectivity is adequate.

4.D ADDITIONAL SERVICES SSH/TERMINAL, PYHTON, RUBYGEMS, NODE.JS

We do not offer any kind of support or custom configurations in the additional services of SSH/Terminal, python, rubygems and nodej.js. The additional services indicated require sufficient knowledge to use them. Please, if you do not have the necessary knowledge, do not use any of the mentioned services, especially SSH/Terminal, any action could be fatal for your account.

5.A INTRODUCTION CPANEL ACCOUNTS

AtresHost is a legal service and we have all the official licenses for the software we use to run our servers.

Beware of companies offering unlimited cPanel accounts. The official accounts model offered by cPanel charges for each and every account created, so companies that offer “Reseller with unlimited accounts at a low price” plans are probably using hacked or pirated cPanel licenses or are covering the information in their terms of service. Hiring services from such companies to try to save some money is very dangerous, you risk that at any time the service will be removed, losing all your information, customers and damaging your reputation, because cPanel is aware of the problem that these illegal businesses pose and are working on blocking and eliminating the use of “nulled” licenses.

5.B CPANEL ACCOUNTS IN ATRESHOST

The cPanel accounts model for Reseller services allows you to create unlimited cPanel accounts without any restrictions.

Each plan includes a fixed number of accounts for free. Once that limit is reached, you will be charged 0.40€/m (tax included) for each additional account created in your reseller network. Suspended accounts are included in the account count, so you will need to be aware of suspensions.

The invoicing of additional cPanel accounts will be made in a complementary invoice to the Reseller service contracted on the 20th of each month

Free accounts included in each Reseller plan:

  • Basic: 15 accounts
  • Advanced: 30 accounts
  • Unlimited: 60 accounts
  • Deluxe: 100 accounts

6. ZERO TOLERANCE POLICY FOR SPAM

We have a zero tolerance stance against sending unsolicited email and spam. Any user who sends spam will have their account suspended with or without notice.

Websites advertising through SPAM cannot be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity on any blacklist may be hosted on our servers. Any account whose IP is on our “blacklist” will be immediately suspended.

The suspension of an account for SPAM and the subsequent cancellation of the suspension requires a payment of 400€ and the express commitment of the client not to violate the SPAM sending policy again.

AtresHost reserves the right to change or disable any website, account, database, or other component that does not comply with our established policies, or to make these modifications in an emergency situation at its sole discretion.

7. BACKUPS AND DATA LOSS

Use of the service is at your own risk. AtresHost is not responsible for files and data residing on your account and the possibility of loss of backups through Jetbackup. User agrees to take full responsibility for the files and data transferred.

We recommend our users to download a monthly backup of the files in their account to their computers. AtresHost is not responsible under any circumstances if the user does not keep his data safe, being his sole responsibility.

Jetbackup backups are complete and are performed on a weekly basis, being Mondays, Wednesdays and Saturdays at 00:00 when the tasks are executed. Each backup is stored for a full week.

As an alternative to Jetbackup, you can use the cPanel Backup application to make backups manually. Remember to delete the backup from the server once it has been downloaded to your computer. Backups are not allowed to be hosted on the server and are automatically deleted on a weekly basis.

Use of Jetbackup constitutes acceptance of the user agreement.

8. SUSPPENSIONS AND CANCELLATIONS

AtresHost reserves the right to terminate your account at any time with or without notice.

Any abuse that is detected by our staff in any medium or format will result in the suspension or cancellation of your services. Reactivation of the service will be subject to a 400€ surcharge and the client’s express commitment not to violate our terms of service again if the suspension is repeated 3 times. If the account suspension is for a serious violation of the terms, we may apply at our discretion a penalty of up to 400€ to lift the account suspension without the need to have been suspended 3 times.

Customers can cancel their services at any time through the customer area. Once we receive your cancellation request and you have confirmed all the necessary information, we will inform you that your account has been cancelled and if you have an overdue invoice, it will be cancelled.

9. REFUND

AtresHost gives you a 14 days money back guarantee on the management of shared hosting, Reseller services, Radio Streaming and Radio Streaming Reseller exclusively.

Requests for a 14 days refund will be returned once the request has been formalized through the client area. The refund is only possible for the first contract. If you have had an account with us before, have cancelled the service and have contracted it again on the same account or on a new one, you will not be able to request a refund.

Violations of the Terms of Service will result in the suspension of the return policy.

There is no refund on all other services: domain name, SSL certificates, SiteLock, Dedicated Servers, VPS, Dedicated IP, WHMCS licenses, OrbisReseller licenses, as well as for administrative fees, activation fees, non payment surcharges, custom software installation fees or any other extra or additional services.

Making a claim against our terms of service through PayPal will result in the elevation to a dispute on our part, exposing you to the limitation of your PayPal account and in the worst case, your account being deleted forever.

10. RESOURCE UTILIZATION

AtresHost is the only Hosting and Reseller company that does not limit customer accounts in terms of space, web traffic, CPU, RAM, I/O usage, inodes and resources per cPanel within a reasonable usage by the user as it is a shared service.

The user will not be able to:

a) Exceeding the resources of the system. There are numerous activities that could cause such problems, among them: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of web spider or indexer (including Google Cash/ADSPY) on shared servers.
c) Run any software that interacts with an IRC (Internet Relay Chat).
d) Run any bitstream, tracker, or client application. Please remember that you can have a link to torrents off the server, but not store them on the server.
e) Participate in any file-sharing/peer-to-peer activities.
f) Run any game such as minecraft, call of duty, fornite, counter-strike, half-life, battlefield1942, etc.
g) Run scripts or software to perform DDOS attacks.

In case AtresHost changes its policy and limits resources:

AtresHost reserves the right to suspend any account that exceeds the allocated resources; also, the customer will be notified via ticket the suspension. Being suspended for a third time due to server resource issues will result in final cancellation.

10.B BANDWIDTH UTILIZATION

AtresHost offers an unlimited monthly bandwidth fee.

In case AtresHost changes the policy and restricts the bandwidth by plans:

The bandwidth fee varies depending on the package you have purchased. In case your account exceeds the allocated amount, we reserve the right to suspend the account until the beginning of the next month, suspend the account until more bandwidth is purchased, suspend the account until you upgrade to a higher plan, terminate the account or charge you an additional fee.

Unused transfer in one month cannot be carried over to the next month.

10.C MAILBOXES

Mailboxes have a space limit of 5GB per mailbox.

10.D MAXIMUM MAILS PER HOUR

A maximum of 300 mails can be sent per hour. If you need to send more mails per hour, please contact us to upgrade the sending without limits for 69€/month.

10.E SSH CONNECTION

The offered SSH connection is for all customers, but we do not support its service. It is a service that requires advanced knowledge of Linux and its commands, so do not use it if you do not know the subject.

11.A PROMOTIONAL CONDITIONS OF DISCOUNTS

The maintenance of the conditions of promotions is subject to the following point:

  • Any change made to the contracted plan will cancel the discount promotion or offer applied to which you are subject, including: lowering or raising the contracted package, requesting to change the domain associated to the contracted plan and not paying the amount of the contracted plan on the due date of the invoice. The rest of the conditions according to the indications of the promotion in question.

11.B FREE DOMAIN PROMOTION

When you contract any Deluxe Hosting, Reseller, Master, Alpha, Super Alpha and Mega Super Alpha plan for a period equal to or greater than one year, a .com domain is included free of charge for one year. After the year, renewals and / or cancellations, will be borne by the client.

11.C .COM DOMAINS CONDITIONS

The free registration of the .com domain included in the DELUXE plans in contracts equal or superior to one year will not apply in the following terms:

  • The registration of the domain .com has to be done at the time of hiring the plan of Hosting / Reseller, not being able to be done later, losing the right to receive the free domain. (Example: if you decide to transfer a domain to AtresHost or use a domain from another provider, will cancel the option to claim the domain .com later)

12.A PAYMENT INFORMATION

By contracting AtresHost services, you agree to the form of payment expressed on our website.

Unless you notify AtresHost of your desire to cancel any or all services provided, those services will be billed on a recurring basis.

As a customer of AtresHost, it is your responsibility to ensure that your payment information is current and that all invoices are paid on time.

AtresHost automatically generates your invoice 7 days prior to the renewal of the service. If payment is not made within the due date, the account is suspended and a 40% surcharge is added for non payment. 15 days after the invoice is due, the service provided is deleted, losing all the information it contains.

AtresHost reserves the right to assign to third parties the collection of the debt with the additional interest that may be generated, to initiate administrative litigation and to include debtors in lists of debtors such as ASNEF and ICIRED.

Having an unpaid invoice means that you will not be able to contract our services again until you are up to date with your billing.

12.B PAYMENT INFORMATION

We have selected our payment methods guaranteeing you a fast and secure operation in every transaction you make in AtresHost.

Remember that AtresHost is not responsible for you being up to date with the payment of invoices, this being your sole and exclusive responsibility as a client.

NOTE: The suspensions and terminations of the services applied by the non-payments are made automatically by the system.

The following are the available payment methods.

PayPal:

You can pay for your services in AtresHost with the balance of your PayPal account.

You can pay for your services in AtresHost with your credit or debit card through the PayPal payment gateway.

Credit and debit cards:

The accepted cards are the most usual in the market: Visa, Visa Electron, MasterCard, American Express, Maestro, Discover, Aurora, UnionPay….

Bank transfer:

AtresHost offers its customers the possibility of paying invoices by bank transfer.

Do not forget to indicate the number of your invoice and the name of the account holder in AtresHost in the “Concept” field of the bank operation. Without this information we will not be able to validate the payment, since it is necessary to have the payer’s data and the search for this information is an arduous task that would cause delays in the validation of the payment.

Payment by bank transfer involves a wait of between 24 to 96 working hours for us to receive the payment in our account.

Cash deposit:

AtresHost offers its customers the possibility of paying invoices by cash deposit to our bank account.

To do this, you must select the bank transfer payment method on the invoice, where you will find the necessary bank details to carry out the operation.

Do not forget to indicate the number of your invoice and the name of the account holder in AtresHost in the “Made by” field of the cash deposit. Without this information we will not be able to validate the payment, since it is necessary to have the payer’s data and the search for this information is an arduous task that would cause delays in the validation of the payment.

Once the payment has been made, it is essential that you send us proof of the transaction through a ticket from the customer area.

Balance in your AtresHost account:

You can recharge your AtresHost account with credit to pay for the services you have contracted.

In order for invoices to be paid automatically, you must have sufficient balance (money) in your account before the invoice is generated and can cover the amount of the invoice. If you do not have sufficient balance in your account when the invoice is generated, the invoice cannot be paid and will remain unpaid, so you will have to add balance to your account and proceed to make the payment manually.

In short: invoices are only paid automatically if there is a balance in the account before your invoices are generated. Once generated and if you do not have sufficient balance in the account, you will have to top up the account and then manually pay the invoices.

13. PRICES

We reserve the right to change prices and the right to change the amount of resources to plans at any time.

14. INDEMNIFICATION

Client agrees that it shall defend, indemnify, hold harmless and hold AtresHost harmless from any and all claims, liabilities, losses, costs and claims, including attorney’s fees against AtresHost, its agents, its clients, officers and employees, which may arise or arise from any of the services rendered or performed or agreed to be performed, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless AtresHost against liabilities arising from; (1) any injury to person or property caused by products sold or otherwise distributed in connection with AtresHost; (2) any material supplied by Customer or allegedly infringing upon the property rights of a third party; and (3) copyright infringement.

15. ARBITRATION

By using any AtresHost service, you agree to submit to binding arbitration. If any disputes or claims are raised against AtresHost or its affiliates, such disputes will be handled by an arbitrator of AtresHost at its option.

Arbitrators shall be retired lawyers or judges and shall be selected in accordance with applicable rules. All decisions rendered by the arbitrator shall be binding and final.

The arbitral award is final and binding on all parties. The Arbitration Act, and not any state arbitration law, governs all arbitration under this arbitration clause.

You are also responsible for any and all expenses related to such arbitration.

16. DISCLAIMER

AtresHost will not be responsible for any damage and/or harm that your business may suffer. AtresHost does not offer any type of guarantee, express or implicit of the services that we provide. Likewise, AtresHost reserves the right to cancel and/or suspend without prior notice its services and activity at any time.

AtresHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by AtresHost and its employees.

17. DISCLOSURE OF INFORMATION TO LAW ENFORCEMENT AGENCIES

AtresHost may disclose any subscriber information to law enforcement agencies without consent or notification to the subscriber at the lawful request of those agencies. We will cooperate fully with law enforcement agencies.

18. TOS ACCEPTANCE

The use of any service that AtresHost provides implies the acceptance and conformity in its totality of the Terms of Service reflected here.

19. CHANGES IN TOS

AtresHost reserves the right to change policies without notice.

Updated May 25, 2022.

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