HOSTRY Terms and Conditions

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 subproject of INXY.COM project, INXY LTD. Reg № HE354067.
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HOSTRY.COM website downtimes or inability of Customers to open the HOSTRY.COM Website as well as possible incorrect or outdated information that may be found on HOSTRY.COM Website.

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.

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.

HOSTRY has the right to add to this list. Please, note that if complaints about publishing of such materials are approved, customer’s services can be cancelled without notification, and his account can be blocked.

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. Can use the option Moneyback guarantee и request a refund in no more than 3 days from starting of use of services if not satisfied with it if no use policy, stated in this document, has been breached.

Moneyback Guarantee option does not cover VPS (Virtual Private Server) service in the following locations: Sofia/Bulgaria, Riga/Latvia, Kharkiv/Ukraine, Singapore.

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.