Where are these terms and conditions applicable?

These Terms and Conditions are agreed by both parties - the HOSTRY project and the Customer as soon as the latter agrees to purchase Services from HOSTRY. By ordering any product or service from HOSTRY and starting to use it the Customer agrees to these Terms & Conditions.

The definitions

HOSTRY.COM - means a project of HOSTRY LTD. Reg № HE429480, AGIAS ZONIS 12 A.ZONIS CRT OFF.401, LIMASSOL, CY - 3027
Customer - any individual or company that orders the Services of HOSTRY.
Parties - group name of HOSTRY and Customer
Service - means any kind of service that is officially provided by HOSTRY, be it dedicated server or other IT service.
HOSTRY websites - the website located at address www.hostry.com.
Service Period - the period during which HOSTRY provides the Customer with the project.

Service period

Service period is the period of time during which the Customer uses HOSTRY services, if such period is agreed beforehand and is stated explicitly in Internet Services Agreement or Order Form.

Services

These Terms and Conditions concern only content and functions that are supplied on the HOSTRY website and do not cover services or products provided by any third parties. HOSTRY is ready to provide the Customer the Services and both parties have to agree on specifications. HOSTRY makes sure that it supplies Customer with Services as soon as possible.

Liability

HOSTRY does not take the responsible in any way for the loss of profit of Customers, any other economic loss, caused by direct or indirect use of HOSTRY Website, downloaded content from it, entering the other websites from the links on HOSTRY.COM Website, and also caused by HOSTRY.COM website downtimes or inability of Customers to open the HOSTRY.COM Website as well as possible incorrect or outdated information that may be found on HOSTRY.COM Website.

HOSTRY’s maximum aggregate liability for any operational failure, including data loss or service interruption, shall be strictly limited to the total amount paid by the User for the specific Service during the one (1) month immediately preceding the event that gave rise to the claim.

Warranty

HOSTRY Website is supplied "as is", so usage of content and website comes without warranty and condition from HOSTRY. Thus, HOSTRY does not guarantee that the Website will work without any interruptions and failures as well as all the information and data published on HOSTRY.COM Websites is always precise and complete.

HOSTRY does not provide automated backup services unless specifically contracted as a paid add-on. The User maintains 100% responsibility for maintaining current, off-site backups of all hosted data. Hostry shall not be held responsible for data loss resulting from hardware failure, software corruption, account termination, or any other cause. Data recovery is not guaranteed under any circumstances.

Access to restricted areas

HOSTRY uses authorization system consisting of email and password. The confidentiality of such data is the responsibility of the Customer. Therefore The Customer is totally responsible for actions done under his account. Customers are encouraged to inform HOSTRY about the fact that their personal data is disclosed, stolen or lost and HOSTRY will reset password. As far as the Customer gets the login credentials from HOSTRY, it means that HOSTRY gives him or her unconditional access to all restricted areas that such login credentials allow to visit. The Customer can exploit all data, information and features provided in those restricted areas. HOSTRY retains the right to restrict the access to any or all areas for any Customer under its own consideration.

By agreeing to these Terms and Conditions Customers also promise not to attempt gaining unauthorized access to the restricted areas of Website and to the features or information stored in these areas. Besides, the Customer promises not to use the Website to do harm to HOSTRY computer systems or networks and not to use bots, spiders, robots or scrapers to access HOSTRY.COM Websites or have any relation to such actions performed by other users.

Links on the Websites

HOSTRY Website may contain links that lead to third-party resources. HOSTRY warns that these links are published for convenience purposes only. When the Customer leaves HOSTRY.COM Website for any third-party resource HOSTRY bears no responsibility for the contents of these websites and damage or loss during using of them. The Customer uses third party websites his own risk and should be guided by Terms and Conditions or similar stated on those sites.

Copyright and trademarks

All data and information present on HOSTRY is protected by copyright, and Customers are not allowed to use, transfer, copy, modify or publish the materials published on the Website, or use its elements without prior written permission of HOSTRY. HOSTRY does not give license or any property rights to any patented product, if not stated otherwise in any document.

Customer content

Hostry does not bear responsibility for customer content transferred or delivered to our network. We do not check customer content for legality or other purposes. Hostry customers are responsible for the content that is stored, delivered or published in the Internet via our network and services. Customers are responsible for making sure that all assets abide by applicable law. It is customer’s responsibility to keep a copy of their content, even if it is stored on Hostry owned and maintained servers.

It’s strictly prohibited to publish resources of the following types:

• Pornography, erotic materials and websites with adult content;
• Illegal distribution of software, audio and video production;
• Distribution of keygen, cracks, and other ways for software hacking;
• Services for port scanning and searching of vulnerabilities;
• Pyramid investment schemes;
• Cardsharing;
• Mining of cryptocurrency;
• Any resources relating to botnets;
• Frauds of any type;
• Distribution and/or advertising of banned substances;
• Spamming (sending and publishing of landing pages);
• Websites with proclivity to terrorism and separatism.
• Applications that generate a constant CPU load over 80% (this does not apply to dedicated servers).

HOSTRY reserves the right to add to this list. Please note that if complaints regarding the publication of such materials are verified, enforcement actions taken by HOSTRY shall depend strictly on the severity of the violation:

• Critical Violations: Upon discovery of materials or activities related to child sexual abuse material , botnets , promotion of terrorism and separatism , phishing, or any other manifest fraud , the Customer’s services shall be cancelled and their account blocked immediately and without prior notification.
• Standard Violations: In the event of other violations (including, but not limited to, applications generating a constant CPU load over 80% or intellectual property/copyright infringement claims), a formal notification will be issued to the Customer first, providing a reasonable period to voluntarily remedy the violation before any service restrictions or suspensions are applied.

Reporting Illegal Content (Notice and Action Mechanism) In accordance with Article 16 of the EU Digital Services Act (Regulation (EU) 2022/2065), any individual or entity may notify Hostry of the presence of specific items of information on our services that they consider to be illegal content. Such notices must be submitted electronically to our Single Point of Contact at abuse@hostry.com.
To ensure a prompt and accurate investigation, the notice must contain the following elements: (a) A sufficiently substantiated explanation of the reasons why you allege the information to be illegal content; (b) A clear indication of the exact electronic location of that information, such as the exact URL or URLs; (c) Your name and email address (except in the case of reporting offenses involving child sexual abuse material); (d) A statement confirming your bona fide belief that the information and allegations contained therein are accurate and complete.
Hostry will process all notices diligently, objectively, and proportionately, and will notify the reporting party of our decision without undue delay.

Sanctions and Restricted Jurisdictions

The Customer is hereby notified and agrees that Hostry services may not be provided, partially or entirely, if the Customer is located, resides, or is officially registered in an unrecognized territory.

Furthermore, Hostry strictly prohibits the use of its network and services by individuals or entities that are subject to comprehensive international sanctions (including but not limited to sanctions lists maintained by the European Union, the United Nations, or other applicable regulatory authorities). Hostry reserves the right to refuse service, suspend, or immediately terminate the account without refund if the Customer’s data matches records in international sanctions databases, or if the provision of services violates international export control laws.

Illegal Use

Hostry’s network and services can only be used for legal purposes. It is strictly prohibited to store, distribute, or transmit the content that violates any applicable domestic or foreign law. Besides, the Hostry services may not be used to distribute, store, or transmit any virus, Trojan horse, worm, or any other content that may cause harm to Hostry network, equipment, or to other users. Customers are not allowed to use the Hostry network or services to store or deliver the content that can be labeled as fraudulent or misleading, for the purposes of promoting deceptive services or products.

Intellectual Property

Hostry prohibits the use of our network or services to store, distribute, reference domain names, or distribute any material protected by trademark, copyright, patent, or other intellectual property right without owner’s consent or proper authorization.

Email and Spam

We explicitly prohibit users or other parties from using Hostry network to send bulk unsolicited commercial email (“spam”). We also do not allow customers or other parties to use a third-party network not under our control for the purposes of sending spam that advertise or refer recipients of the spam to any content that is stored, delivered, or otherwise made available on our network. Furthermore, we prohibit the sending of email messages with forged header information or messages that otherwise indicate that Hostry was involved in the distribution of such material.

Usenet

Hostry restricts the following newsgroup postings by its customers:

• illegal content including infringing materials, or child pornography is prohibited;
• all publications including but not limited to cross-postings should comply with various conventions, charters, guidelines in each respective newsgroup and Usenet generally;
• materials, publications or activities that are determined by Hostry, in its sole discretion, to be frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive or repetitious are prohibited, unless such materials or activities are expressly allowed or encouraged under the newsgroup’s name;
• publication of 20 or more copies of one and the same article within 45 days (“spamming”) or continuing posting off-topic articles including advertisements is prohibited. Customers who spam using Hostry accounts will be charged the cost of labor to resolve cancellations and respond to complaints;
• customers who spam from another provider advertising or implicating, directly or indirectly, using any service provided by Hostry including but not limited to email, web, FTP, and DNS services will be denied the access to these services;
• excessive crossposting and posting articles with falsified header information is prohibited.
• the use of anonymous remailers is acceptable if that does not violate the Policy;
• customers may not issue cancellations for publications except those which they have posted themselves, those which have headers falsified so as to appear to come from such Customer, or in newsgroups where they are the official moderator.

Applicable Law

Cyprus and EU laws are applicable to Customers whether they signed Internet Services Agreement with HOSTRY or not. Therefore all disputes should be solved in the courts of Cyprus, if the cannot be fixed by the Parties.

Moneyback Guarantee

All new customers, who begin to use Hostry services, are eligible to use moneyback guarantee option and request a refund in no more than 3 days from starting of use of services if not satisfied with it provided that no policy, stated in this document, has been breached.

The return policy does not cover the following services and reasons:

• registered domains are non-refundable;
• VPS services in which IPs are blocked in their country due to the fight against Internet censorship;
• more than 2 returns within the last 6 months.

Refund policy

Hostry reserves the right to cancel its service(s) at any time. All fees paid before the cancellation will be pro-rated and refunded by Hostry to the customer if the service(s) has(ve) been canceled not in violation of these Terms and Conditions. If cancellation has been caused by breach of Acceptable Use Policy, Terms of Service, or Privacy Policy, no refund is made and the prepaid fees are considered to liquidate damages to Hostry. Note that service(s) may be canceled at any time regardless of the end of the contract.

Payment Rules

• Traffic overuse invoice must be paid according to conditions of each tariff plan or package for corresponding service.
• In case of unjustified return of purchased server there’s no refund.
• If the client violated our terms of use, we reserve the right to block the server or cancel services without refund.
• If the purchased server fails, we will provide equal replacement or refund for the remaining period.
• Availability of the custom configuration servers should be checked while placing the order.

Cancellation policy

Customer is free to delete his account and refuse to exploit HOSTRY services any time. That may be done by contacting the support team by any mean of communication available - email, Skype, contact form, live chat, etc. Cancellation of account is not charged, but clients should pay everything due in full for the cancellation to be finished.

Cancelled services or accounts are not refunded except for the trial periods if payments were made in advance. This rule doesn’t apply to any of reseller accounts. HOSTRY does not refund for the remaining period of services after they have been billed. If Customer wants to cancel services and not to be billed for the service in the next billing period, he should inform HOSTRY support team before the start of the new billing period.

If a Customer has a suspended account and does not pay for 3 or more billing periods or contact HOSTRY team, HOSTRY has the right to delete all data from servers without possibility to restore it in the future. Suspension reasons are sent to customer in email that was used when registering his account in HOSTRY.

Content Moderation, Account Suspension and Statement of Reasons

Hostry reserves the right to apply restrictions if the information provided by the Customer constitutes illegal content or is in violation of these Terms and Conditions. These restrictions may include restricting the visibility of content, or suspending or terminating the provision of the service or the Customer's account. The procedure for applying these restrictions depends on the category of the violation:

• In the case of Critical Violations (including child sexual abuse material , botnets , terrorism , or manifest fraud ), restrictions or account termination shall be enforced immediately and without prior warning. A clear and specific Statement of Reasons shall be provided to the affected Customer no later than the date the restriction is imposed (post-factum), except where providing such notification is strictly prohibited by law enforcement, judicial orders, or national security authorities. This statement will include the facts and circumstances of the decision, the specific legal or contractual grounds relied upon, and information on the available possibilities for redress to contest the decision.
• In the case of Standard Violations, Hostry shall provide the affected Customer with a clear and specific Statement of Reasons and a prior warning before any restrictions are imposed, granting a fixed and reasonable timeframe to rectify the non-compliance.
• Policy for Frequent Offenders: In accordance with Article 23 of the DSA, Hostry will temporarily suspend the provision of services to recipients who frequently provide manifestly illegal content. Such suspension will be enacted for a reasonable period of time and only after issuing a prior warning to the Customer , except in cases of Critical Violations which warrant immediate termination.

Applicability for EU Users: In accordance with the EU Digital Services Act (Regulation (EU) 2022/2065), the requirement to provide a specific Statement of Reasons and the policy of issuing a prior warning before suspension for frequent offenders apply specifically to recipients of the service who have their place of establishment or are located in the European Union. For users outside the EU, Hostry reserves the right to suspend or terminate services in accordance with standard operational procedures upon violation of these Terms and Conditions.

Single Point of Contact (Digital Services Act)

For Authorities and Regulators: Pursuant to Article 11 of the Digital Services Act (Regulation (EU) 2022/2065), Hostry designates abuse@hostry.com as the Single Point of Contact (SPOC) for direct communication with the Member States’ authorities, the European Commission, and the European Board for Digital Services regarding the application of the DSA.

For Service Recipients (Users): Pursuant to Article 12 of the Digital Services Act, Hostry designates abuse@hostry.com as the single point of contact for the recipients of our services. This allows clients to communicate directly and rapidly with us concerning our services and content moderation decisions.

Language of Communication: Communications to the Single Point of Contact under both Article 11 and Article 12 can be made in English.