Last update : 05-07-2007 [Printable version]

CGI : Abbreviation for "Common Gateway Interface". This is an interface standard which provides a method of executing a server-side program (script) from a website to generate a webpage with dynamic content.
CPU : Abbreviation for (Central Processing Unit) is the chip which is the brains of the computer. It is also known as the processor.
RAM (& SWAP) : Abbreviation for Random Access Memory, also called memory, is temporary storage space on chips in your computer.

Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, RAM and SWAP usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Private Server plan. HostManiak will be the sole arbiter of what is considered to be a high server usage level.

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to HostManiak customers. Violators of this rule will face immediate suspension and could be assessed a minimum fine of 150€, and up to 1500€ in case the server would be blacklisted.

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be removed without prior notice. HostManiak does not permit CGI script sharing with webistes not hosted on the same account.

HostManiak allows his customers to run programs in the background when this does not affect the server performances. Background programs are considered as CGI scripts, any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be removed without prior notice. If the customer need to run a program which needs more ressources, he is pleased to contact the sales staff for an estimate.

It is absolutely forbidden to host IRC servers and/or operator on any HostManiak Server Accounts. Accounts found hosting this material will be subject to immediate cancellation without refund.

The legal owner of customers' and/or domains' websites and accounts with HostManiak will be the individual or organization whose name is listed in HostManiak database as the owner.

The TOS specifically prohibits the use of our service for illegal activities. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.

Violations of system or network security are prohibited and may result in criminal and civil liability. Violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system, network or script or to breach security or authentication measures without express authorization of the owner of the system or network, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

Use of the services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks, exploit scripts is prohibited.

Pornography and sex-related merchandising are prohibited on HostManiak servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. Moreover, HostManiak is completely free to send a copy of the material to the law enforcement agent.

The use of HostManiak services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. HostManiak is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Customers are required to use the HostManiak services responsibly and is solely responsible for the content stored on and served by our servers. HostManiak reserves the right to suspend and/or cancel service with any customer who uses the HostManiak network in such a way that adversely affects other users of Internet. However, when HostManiak becomes aware of any violation of the TOS or other user agreements, HostManiak may take any action to stop or correct such violation.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

It is also forbidden to store, provide, display, use content which violate copyrights laws, Internet acceptable Use.

All new domains will be set up and entered into our DNS servers within 1 to 7 business days. Due to unforeseen complications, however, this process may sometimes require up to 15 business days. If the procedure takes longer, HostManiak will not be responsible for any loss of money or any other consequential damages.

New webhosting accounts or domain which involve the transfer of a domain from another provider to HostManiak will require a minimum of 7 days to be set up and entered into our DNS servers. In some cases, such transfers may take longer time. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take.

HostManiak may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment used to provide services to the customer. Certain changes to HostManiak services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and HostManiak is not liable, for any and all such personalized applications and content.

HostManiak customers must be at least 18 years of age. Any minor person wishing to use HostManiak services is pleased to ask his parents to sign up for him or her. The responsibility are involved to the person subscribing as owner of the account.

The exchanges of emails between the customer and the technical support or commercial are strictly confidential. It is thus not authorized to reveal the exchanges of emails to a third party nevermind if it is not electronic or electronic form of diffusion.

All charges are shown in EUROS (EUR, €). Payments are to be made in euros. HostManiak accepts the following types of payment:

+ Credit Cards (VISA, MasterCard, American Express, Discover)
+ Bank WireTransfer
+ PayPal
+ Klik and Pay

All payments are due at sign up time and on the Account Statement Date. The Account Statement Date is the yearly anniversary of the date the account was activated. Customers not paying by credit cards, PayPal or Klik and Pay agree to make payment of their balance due within 10 days of the Account Statement Date.

All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

HostManiak offers only yearly Billing Cycles for hosting and domain charges. The Billing Cycle begins on the service activation date.

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. For cancellation of your service, check below.

Cancellation requests must be received by HostManiak a minimum of 60 days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by HostManiak.

The TOS, constitutes the complete understanding and agreement between HostManiak and its customers. The TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS is between HostManiak and its customers only and will not confer any rights in any third party.