AtresHost

Terms of Service

Account Terms

1. ACCOUNT SETUP

It is your responsibility to provide an email address that is not an @mydomain that you will use to register. If there is a problem or we need to contact you, we will use the email you registered with. It is also your responsibility to ensure that your email address is always up to date.

Providing false contact information of any kind may result in the suspension of your account.

Transfers: Our support team will make every effort to help you move your site with us, however, we do not guarantee the transfer process. In some cases we may not be able to assist you in a data transfer from an old hosting.

2A. CONTENTS

All services offered by AtresHost may only be used for lawful purposes. The local laws of Spain, United States, Canada, Denmark, Germany, United Kingdom and in general, those of Europe are applied according to the location of the server. The customer agrees to indemnify and hold AtresHost harmless from any claims arising from the use of our services. The use of our services consists of not violating the copyright or trademarks. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. Offering to sell counterfeit any merchandise of a trademark owner will result in the immediate suspension of your account. If you believe that your copyrights or trademarks are being infringed, please send an email with the required information. If the request is for licenses, additional documentation may be required.

In case of doubt about the acceptance of your website, please contact us and we will be happy to assist you.

If possible, set permissions on most directories to 750 and files to 644. Users are ultimately responsible for all actions taken under their account. This includes the commitment of credentials such as username and password.

You need to use a secure password. If the password is weak, your account may be suspended until you agree to use a more secure password. Audits can be done to prevent weak passwords. If an audit is performed and your password is considered weak, we will notify you and take the necessary time to update it.

2B. SUPPORT

AtresHost provides support in relation to the services you have contracted. We also provide free and courtesy basic support with incidents on your website. This means that if you have a specific problem in your project and you are not able to solve it, our team will attend you and solve the error. In exceptional cases, we can restore your website, but we will not take care of migrating any other accounts to the main one, including your clients’ accounts.

Support does not include creating, updating your content, modifying templates, css styles, plugins or scripts, or repairing repeated errors on your site. Under no circumstances will AtresHost be responsible for running your website.

We do not support external services that are paid for or that include errors in their origin. If you have purchased a software, plugin or theme and it is paid for or damaged, please contact the vendor for assistance.

As a customer, before starting any installation of software, code, plugin, script or theme you should make sure to read all available documentation and view the requirements that you are requested.

Check that all installations, software, code, themes and plugins come from trusted sites and are not nullled. Any nulled file detected will result in account suspension.

If you don’t have enough knowledge and need ongoing support and guidance, seek help from a professional team of programmers who can meet your needs to safely conduct your operations. Do not compromise system stability.

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

Disrespect to the support is not allowed under any concept and will suppose the definitive loss of assistance on the part of the team of AtresHost.

3. ZERO SPAM TOLERANCE POLICY

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

Websites advertising through SPAM may not 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 listed in the ROKSO can be hosted on our servers. Any account your IP is on our “blacklist” will be immediately suspended and/or terminated.

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 such modifications in an emergency situation in its sole discretion.

4. FORUM

See Privacy Policy and Discussion Forum Rules.

5. BACKUPS AND DATA LOSS

Use of the service is at your own risk. AtresHost is not responsible for the files and/or data residing in your account. You agree to assume full responsibility for the files and data transferred and to keep all backup copies of files and data stored on AtresHost servers.

6A. CANCELLATIONS AND REFUNDS

AtresHost reserves the right to cancel the 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.

Customers may cancel their services at any time through the customer area.

AtresHost gives you a 30 day money back guarantee on the management of shared accommodation. There is no refund on administrative fees, surcharges for unpaid, installation charges for custom software, domain name, SSL certificates, SiteLock, Dedicated Servers, VPS, Reseller, Master, Alpha or any other extra service.

30 day refund requests will be returned on a pro rata basis for unused time. Only for first contracting accounts are eligible for refund. For example, if you have had an account with us before, cancelled and resigned, you will not be able to request a refund.

Violations of the Terms of Service will cause the application of the returns policy to be suspended.

6B. DISCOUNTS

Any purchase made through a promotional discount code will not be subject to the 30-day return policy.

7. RESOURCE USE

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.

Any account that is detected will be cancelled with or without notice.

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

8. BANDWIDTH UTILIZATION

You are assigned a monthly bandwidth quota. This fee varies depending on the package you purchased. In the event that 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 and/or charge you an additional fee.

Transfers not used in one month cannot be extended until the following month.

9A. HOSTING

Hosting services may not be resold to others. If you want to transfer your hosting service to another person, the new owner must register with us and both request the transfer of hosting through the customer area.

To become a reseller of Hosting, you will need to purchase a Reseller, Master or Alpha plan.

9B. HOSTING PROMOTIONS

When contracting any Unlimited Hosting, Reseller, Master and Alpha plan for a period equal to or greater than one year, one .com domain is included free for one year. After the year, renewals and/or cancellations will be charged to the client.

10. DOMAIN TRANSFERS

If you want to transfer your domain to another person, the new owner must register with us and both request the transfer of hosting through the customer area. This transfer between AtresHost clients is free except for .es domains, which have an additional cost of 50€.

11. PAYMENT INFORMATION

You agree to the form of payment for services received by AtresHost.

You agree that unless you notify AtresHost of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be made in the customer area. Once we receive your cancellation and you have confirmed all the necessary information, we will inform you that your account has been cancelled and if you have a due invoice, it will be cancelled. If you do not receive an email confirmation of this cancellation, please contact us immediately.

As an AtresHost customer, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time.

AtresHost automatically generates your invoice 14 days prior to the renewal of your service; we also grant 1 additional day after the due date to update your payment. If payment is not made, the account is suspended. 30 days later, the service provided is deleted, losing all the information it contains.

Failure to pay a bill does not mean that the debt expires or that you are exempt from payment. Automatically, an administrative fee of 40€ will be added plus the following late fees for non-payment:

First month: 40€ for administrative costs and 20% invoice surcharge.

Second month: Surcharge of 25% of the total debt.

Third month: Surcharge of 30% of the total debt.

Fourth month: Surcharge of 35% of the total debt.

Fifth month: Surcharge of 40% of the total debt.

Sixth month onwards: Surcharge of 45% of the total debt.

From the sixth month and according to internal valuation, AtresHost reserves the right to assign to third parties the collection of the debt with additional interest that may generate, initiate an administrative dispute and include in lists of delinquents as ASNEF, ICIRED…

12. PRICES

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

The prices shown on our website include 21% VAT.

13A. 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.

13B. 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.

14. 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.

15. 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.

16. TERMS ACCEPTANCE

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

17. CHANGES IN TERMS

AtresHost reserves the right to change policies without notice.

Updated September 13, 2019: Created English version.