+12025052888Terms & Conditions
Terms & Conditions
Introduction
At Hostinium, we are committed to delivering a positive and exceptional experience for our valued clients. Our mission is to provide high-quality, reliable information technology services, including server hosting, domain registration, SSL certificates, cybersecurity, website management, web design, application development, and cloud services. To ensure consistent and efficient service availability for all, we require our clients to adhere to the following Terms and Conditions. These terms form an integral part of any signed agreement with Hostinium and govern your use of our services. By using our services, you agree to comply with these terms in their entirety.
1. Definitions
1.1. Services: All information technology services provided by Hostinium, including but not limited to server hosting, domain registration, SSL certificates, website management, cybersecurity, web design, application development, and cloud services.
1.2. Intellectual Property: Software, code, designs, trademarks, trade secrets, and all rights owned or licensed by Host PoliteBotanicals.1.3. Personal Data: Any information relating to an identified or identifiable individual, as defined by the General Data Protection Regulation (GDPR), Egyptian Data Protection Law No. 151 of 2020, California Consumer Privacy Act (CCPA), and other applicable laws.
1.4. Applicable Laws: All local and international laws related to data protection, privacy, and electronic commerce, including GDPR, Egyptian law, CCPA, and others.
2. Intellectual Property Rights
2.1. Hostinium retains all intellectual property rights related to the Services, including software, code, designs, and trademarks.
2.2. Clients are granted a non-exclusive, non-transferable, limited license to use Hostinium’s intellectual property solely for the purpose of accessing the Services.
2.3. Clients are prohibited from:
2.3.1. Copying, modifying, or distributing Hostinium’s intellectual property without written permission.
2.3.2. Reverse-engineering or decompiling any software.
2.3.3. Using intellectual property in any unauthorized manner.
2.4. Any violation of this section may result in legal liability, including compensation equivalent to at least twice the annual service fees.
2.5. Clients agree to protect Hostinium’s intellectual property and promptly notify Hostinium of any suspected infringement.
3. Client Obligations
3.1. Clients must use the Services in compliance with all Applicable Laws, both local and international.
3.2. Clients are prohibited from using the Services for unlawful activities, including but not limited to:
3.2.1. Hacking, system intrusions, or denial-of-service (DDoS) attacks.
3.2.2. Sending spam, malicious, or deceptive content.
3.2.3. Hosting content that violates copyright, trademark, or ethical laws.
3.3. Clients bear full responsibility for any violations arising from their use of the Services.
3.4. Clients must provide accurate information for domain registrations in accordance with ICANN policies.
3.5. Clients agree to notify Hostinium immediately of any security breaches or unauthorized account access within 24 hours of discovery.
4. Sub-Account Management
4.1. If a client manages accounts for third parties (sub-accounts) using Hostinium’s Services, the client is solely responsible for ensuring these sub-accounts comply with these Terms and Conditions and Hostinium’s Acceptable Use Policy.
4.2. Hostinium is not liable for any misuse of sub-accounts.
4.3. Clients must notify Hostinium of any sub-account violations within 24 hours of discovery.
5. Confidentiality
5.1. Both parties agree to maintain the confidentiality of information received from the other and not disclose it without prior written consent.
5.2. Confidential information includes client data, service details, pricing, and sensitive business information.
5.3. The confidentiality obligation remains in effect for 5 years after the termination of any agreement.
5.4. This obligation does not apply to information that:
5.4.1. Becomes public without fault of the receiving party.
5.4.2. Was in the receiving party’s possession prior to signing.
5.4.3. Is required to be disclosed by a court order or legal mandate.
6. Data Protection and Privacy
6.1. Compliance with Laws
6.1.1. Hostinium processes Personal Data in accordance with Applicable Laws, including GDPR, Egyptian Data Protection Law No. 151 of 2020, and CCPA.
6.1.2. Hostinium acts as a “data processor” and the client as a “data controller” under GDPR for data related to EU individuals.
6.2. Hostinium’s Obligations
6.2.1. Process Personal Data based solely on the client’s documented instructions.
6.2.2. Implement technical and organizational security measures, including SSL/TLS encryption, firewalls, and access controls.
6.2.3. Not engage sub-processors without the client’s written consent.
6.2.4. Assist clients in responding to data subject requests (e.g., access, correction, deletion, portability).
6.2.5. Notify clients within 72 hours of any data breach.
6.2.6. Delete or return data upon contract termination, unless required by law to retain it.
6.3. Client Rights
6.3.1. Access, correct, or delete their Personal Data.
6.3.2. Transfer data to another provider in a structured format.
6.3.3. Lodge complaints with regulatory authorities for violations.
6.4. International Data Transfers
6.4.1. For data transfers outside the EU, Hostinium uses Standard Contractual Clauses (SCCs) and conducts Transfer Impact Assessments (TIAs) per GDPR.
6.4.2. Clients consent to such transfers provided these safeguards are met.
6.5. Client Obligations
6.5.1. Provide lawful and accurate Personal Data.
6.5.2. Inform data subjects of their privacy policies.
6.6. Hostinium retains data only as necessary and securely deletes it thereafter.
7. Emergency Procedures
7.1. In the event of a significant security breach or service disruption, Hostinium will notify clients within 2 hours and provide a preliminary report within 24 hours.
7.2. Both parties will cooperate to mitigate damages, designating contact points for crisis management.
7.3. Hostinium will provide a final report within 7 days detailing the incident’s causes and actions taken.
8. Liability
8.1. Hostinium is not liable for indirect damages, including loss of profits or data, except in cases of gross negligence or willful misconduct.
8.2. Hostinium’s liability is limited to the total fees paid by the client in the preceding 12 months, except where gross negligence applies.
8.3. Hostinium is not liable for interruptions caused by events beyond its control or client actions.
9. Indemnification
9.1. Clients agree to indemnify Hostinium against claims or damages arising from:
9.1.1. Unlawful use of the Services.
9.1.2. Breach of these Terms or the Acceptable Use Policy.
9.1.3. Violation of third-party rights, including intellectual property or privacy.
9.2. Indemnification is capped at twice the annual service fees, unless otherwise agreed in writing.
9.3. Clients agree to indemnify Hostinium against liabilities arising from:
9.3.1. Injuries or property damage caused by products sold via Hostinium’s Services.
9.3.2. Client content infringing third-party rights.
9.3.3. Intellectual property violations or defective products.
10. Compliance with International Sanctions
10.1. Clients warrant they are not listed on international sanctions lists (e.g., OFAC, EU) and will not use the Services for prohibited activities.
10.2. Hostinium may terminate services immediately without liability if this clause is breached.
11. Acceptable Use Policy
11.1. Clients must comply with Hostinium’s Acceptable Use Policy, which prohibits:
11.1.1. Excessive resource consumption impacting server performance.
11.1.2. Hosting illegal or harmful content.
11.1.3. Interfering with other clients’ services.
11.2. Hostinium may suspend or terminate services immediately for violations, with notice to the client.
11.3. Clients must not submit, publish, or display content that is defamatory, inaccurate, abusive, obscene, infringing, or threatening, or that violates any applicable law.
11.4. Prohibited content includes, but is not limited to:
11.4.1. Pirated software or copyrighted material not freely distributable (e.g., ROMs, emulators, MP3 files).
11.4.2. Content promoting illegal activities, hacking, viruses, or harm to internet infrastructure.
11.4.3. Sites selling or promoting bulk email services.
11.5. Links to prohibited content are also forbidden.
12. Force Majeure
12.1. Neither party is liable for delays due to events beyond their control, such as natural disasters, wars, or government regulations.
12.2. The affected party must notify the other immediately and resume performance once the cause is resolved.
12.3. If the event persists for over 60 days, either party may terminate the agreement without additional liability.
13. Monitoring and Auditing
13.1. Hostinium reserves the right to monitor client use of the Services to ensure compliance with these Terms, without infringing on Personal Data privacy or violating Applicable Laws.
13.2. Hostinium may conduct audits of client systems linked to the Services with 7 days’ prior notice to verify security and lawful use.
13.3. Clients bear audit costs if significant breaches are found; otherwise, Hostinium covers the costs.
13.4. Clients must provide necessary access for audits, or Hostinium may temporarily suspend services until compliance is achieved.
14. Protection Against Misuse
14.1. Clients are solely responsible for any misuse of the Services, whether intentional or due to negligence, including unauthorized access via their accounts.
14.2. Clients must secure login credentials and notify Hostinium of any potential breaches within 24 hours.
14.3. Hostinium may suspend accounts or restrict access immediately to prevent damage from misuse, without liability to the client.
14.4. Clients agree to indemnify Hostinium for losses or legal costs, including regulatory fines, resulting from misuse.
15. Right to Update Terms
15.1. Hostinium reserves the right to update these Terms or the Acceptable Use Policy to reflect changes in laws, technology, or market conditions, with 30 days’ written notice to clients.
15.2. Continued use of the Services after updates constitutes acceptance of the revised Terms.
15.3. Clients may terminate their agreement within the notice period without additional fees if they reject the updates, provided all dues are settled.
15.4. Updates do not affect rights or obligations accrued prior to their effective date.
16. Protection Against Frivolous Claims
16.1. Clients agree not to file frivolous or baseless claims against Hostinium based on unrealistic expectations or misunderstandings of the Services’ scope.
16.2. Clients bear Hostinium’s legal defense costs, including attorney fees, if a claim is deemed frivolous or filed in bad faith.
16.3. Hostinium may request a security deposit to cover defense costs, refundable if Hostinium is cleared.
16.4. Both parties agree to disclose relevant facts to avoid unnecessary legal proceedings.
17. Right to Refuse Service
17.1. Hostinium reserves the right to refuse or terminate service if providing it poses legal, financial, or reputational risks, including suspected illegal activities.
17.2. Hostinium will notify clients in writing of refusal or termination reasons, granting a 14-day correction period where feasible.
17.3. Refunded fees for unused periods will be adjusted for administrative costs.
17.4. Hostinium is not liable for damages arising from service refusal under this clause.
18. Reputation Protection
18.1. Clients agree not to publish statements or content that defame or harm Hostinium’s brand, whether online or otherwise.
18.2. Hostinium may pursue legal action for reputational damage, seeking compensation of at least USD 10,000.
18.3. Clients must notify Hostinium promptly of any negative content related to the Services to allow for a response before public escalation.
18.4. Hostinium may terminate services immediately if a client engages in intentional defamation.
19. Performance Expectations
19.1. Clients acknowledge that Service performance may be affected by factors beyond Hostinium’s control, such as internet speed or client hardware.
19.2. Specifications in any agreement represent the maximum expected performance, with no guarantees beyond the Service Level Agreement.
19.3. Hostinium is not liable for unrealistic client expectations regarding performance.
19.4. Clients must review technical requirements with Hostinium before starting Services to ensure compatibility.
20. Economic Adjustments
20.1. Hostinium reserves the right to adjust fees in response to significant economic changes, such as inflation or currency fluctuations, with 60 days’ written notice.
20.2. Clients may terminate their agreement within the notice period if they reject the adjustment, provided all dues are settled.
20.3. Hostinium will provide written justification for fee changes upon client request.
20.4. This clause does not affect fees paid in advance before the adjustment.
21. Retention of Ownership
21.1. Hostinium retains ownership of customized products or services (e.g., websites, applications) until all fees are fully paid.
21.2. If a client fails to pay, Hostinium may suspend access or revoke licenses without liability.
21.3. Full ownership or a permanent license is granted only upon full payment, per the agreement terms.
21.4. Clients agree not to dispose of Hostinium’s products or services before legal ownership transfer.
22. Acceptable Content and Use
22.1. All Services must be used for lawful purposes only. Clients may use Hostinium’s Services (e.g., websites, email, or other platforms) to post or share content but must not submit, publish, or display any content that is defamatory, inaccurate, abusive, obscene, infringing, threatening, or violates any applicable local or international law.
22.2. Clients are solely responsible for the content they make accessible through Hostinium’s Services.
22.3. Hostinium is not obligated to monitor content but reserves the right, at its sole discretion, to edit, remove, or deny access to content deemed unacceptable, offensive, or otherwise objectionable.
22.4. Hostinium may disclose content or account records to comply with legal, regulatory, or governmental requests.
22.5. Prohibited content includes, but is not limited to:
22.5.1. Pirated software or copyrighted material not freely distributable (e.g., ROMs, emulators, MP3 files).
22.5.2. Content promoting illegal activities, hacking, viruses, or harm to internet infrastructure.
22.5.3. Sites selling or promoting bulk email services.
22.6. Links to prohibited content are also forbidden.
23. Network Security
23.1. Clients must not attempt to bypass authentication or security measures of any host, network, or account, including accessing unauthorized data, cracking passwords, or probing other networks’ vulnerabilities.
23.2. Clients must not interfere with or deny service to any user, host, or network through actions like flooding, mail bombing, or deliberate overloading.
23.3. Hostinium cooperates fully with investigations of network security violations, including with law enforcement, and clients violating security may face civil or criminal liability.
24. CGI Scripts
24.1. Each Hostinium account includes a pre-configured CGI-Bin. Clients may use provided CGI scripts or add their own.
24.2. Scripts adversely affecting server performance or network integrity may be disabled without notice.
24.3. Sharing CGI scripts with domains not hosted by Hostinium is prohibited.
25. Chat Rooms
25.1. Clients may not install external chat rooms due to resource constraints.
25.2. Hostinium offers Java-based chat rooms for a nominal fee, designed to meet client needs without impacting server performance.
26. Server Resources
26.1. Accounts consuming excessive or unfair server resources (e.g., CPU, memory, network bandwidth) must either upgrade their service plan or reduce usage to an acceptable level, determined by the plan’s price relative to server consumption.
26.2. Hostinium may suspend accounts failing to comply with resource limits.
27. Background Programs
27.1. Background daemons are generally prohibited. Requests for exceptions are reviewed case-by-case, with additional fees based on resource requirements.
28. IRC Usage
28.1. Operating IRC or IRC bots on Hostinium’s servers is prohibited.
29. Commercial Advertising and Spam
29.1. Clients must not use Hostinium’s Services, equipment, or email addresses to send spam, flames, mail bombs, or unsolicited mass emails.
29.2. Domains must not be referenced as originators or intermediaries in such activities, even if sent via another service.
29.3. Unsolicited messages include those sent to recipients who have not explicitly requested them. Publicly available email addresses do not constitute consent.
29.4. Violations may result in immediate account suspension or termination, a $100 penalty per incident, and cancellation of services without refund.
29.5. Hostinium reserves the right to determine what constitutes a violation.
30. Obscene or Indecent Content
30.1. Distributing content violating obscenity or indecency laws may result in criminal penalties, and Hostinium may terminate services for such violations.
31. Technical Support Scope
31.1. Hostinium provides 24/7/365 technical support to direct clients and resellers but does not support their end-users or sub-resellers.
31.2. Support does not include assistance with programming, HTML, custom software, or third-party applications, whether pre-installed or not.
32. Intellectual Property Compliance
32.1. Content accessible through Hostinium’s Services may be protected by copyright, trademark, trade secret, or other laws.
32.2. Clients must not use the Services to infringe, violate, or misappropriate such rights.
32.3. Domain names used with Hostinium’s Services must not violate third-party trademarks or similar rights.
33. Defamation
33.1. Clients must not distribute defamatory content via Hostinium’s Services, as this may result in civil liability.
34. Domain Name Policies
34.1. For domains registered by Hostinium on a client’s behalf, discounts or promotions apply only during the hosting period.
34.2. Upon cancellation or transfer to another registrar, clients must pay the difference between the discounted price and the full domain cost from the registration date before release.
35. Refusal of Service
35.1. Hostinium may refuse or terminate service at its discretion, including for policy violations, with or without notice.
35.2. Accounts terminated for violations are not eligible for refunds.
36. Waiver
36.1. Hostinium’s failure to enforce any term does not waive its right to enforce it later.
37. Severability
37.1. If any term is deemed unenforceable, it will be limited or severed to the extent necessary, while the remaining terms remain in full effect.
38. Governing Law and Jurisdiction
38.1. These Terms are governed by Egyptian law, with arbitration conducted in Cairo under ICC rules for disputes, unless mandatory international laws (e.g., GDPR, CCPA) apply.
38.2. Clients consent to this jurisdiction, and arbitration decisions are final and enforceable globally.
39. Limitation of Liability
39.1. Hostinium’s liability is limited to a refund of up to 30 days’ service fees.
39.2. Hostinium is not liable for indirect, consequential, punitive, or special damages, including loss of profits or data, regardless of the claim’s basis.
39.3. The maximum liability shall not exceed the fees paid for 30 days of service.
40. Satisfaction Guarantee
40.1. Hostinium offers a 30-day money-back guarantee on web hosting services for credit card payments, excluding setup fees, domain registration, and overages.
40.2. This guarantee does not apply if free account migration was provided or for additional services like domains, dedicated IPs, SSL certificates, VPS, dedicated servers, or web design.
40.3. Accounts violating policies are ineligible for refunds.
41. Billing Disputes
41.1. Payments after the first 30 days are non-refundable.
41.2. Billing disputes must be reported within 60 days of the charge.
41.3. Disputes deemed valid by Hostinium incur a $125 administrative fee per incident.
41.4. Overpayments are credited to the client’s account for future use, not refunded.
42. Cancellation Policy
42.1. Clients must request cancellation at least 15 business days before the next billing date.
42.2. Services continue to renew until a formal cancellation request is submitted via the billing department.
42.3. All pending invoices must be cleared before cancellation.
42.4. Suspended services not formally canceled will continue to accrue charges.
43. Client Conduct
43.1. Hostinium has zero tolerance for abusive language or behavior toward its company, services, or employees.
43.2. Abusive conduct or posting negative feedback publicly without first contacting Hostinium’s Feedback Department may result in immediate account termination without refund.
43.3. Clients are encouraged to discuss concerns with Hostinium to resolve issues amicably.
44. Backups
44.1. Backups are the client’s responsibility and are not included in any service.
44.2. Hostinium does not guarantee server backup availability and is not liable for data loss.
44.3. Clients should regularly back up data off-server, using tools provided in the control panel.
45. Disclaimer
45.1. Hostinium provides Services “as is” without warranties of any kind, express or implied, including for merchantability or fitness for a particular purpose.
45.2. Hostinium is not liable for business damages, data loss from delays, non-deliveries, failed backups, hardware failures, or service interruptions caused by Hostinium, its employees, data centers, or contractors.
45.3. Hostinium may update these Terms without notice, and continued use constitutes acceptance.
45.4. Clients providing internet services to others must comply with applicable privacy laws, and violations may lead to service termination.
46. Confidentiality
46.1. Hostinium ensures that all personal information, including payment details, is kept strictly confidential and used only for intended purposes, such as order processing and billing.
46.2. Information is not shared with third parties without client consent, except as required by law or regulation.
46.3. All data is securely stored and handled by authorized Hostinium personnel only.
47. Non-Mission-Critical Use
47.1. Hostinium’s Services are not designed for mission-critical applications and should only be used for fault-tolerant purposes.
47.2. Non-compliance with these Terms may result in immediate account deactivation.
