Terms of Service - Terms of use | THCServers.com

Terms of Services
Revision date: 07/02/2014

All services provided by THC Servers Global, LLC with the registered address of 150 Riverside Parkway, Suite 206, 22406 Fredericksburg, USA ("THC Servers Global LLC") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Romanian law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless THC Servers Global LLC from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to THC Servers Global LLC' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites
Mining software hosted on Shared Hosting and/or VPS services

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, THC Servers Global LLC WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of THC Servers Global LLC is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Abuse of IPs - Blacklisting We do not tolerate the blacklisting of the IPs under our infrastructure, as this can damage the reputation of the whole IP class. Failing to supervise and keep the IPs clean will lead to penalty and eventually suspension of the service without any prior notification.
If any IPs under your management (dedicated IP) are found to be blacklisted in reputable blacklists, you will first be notified to take action on it. This will be done through our ticket system. You will be asked to delist the IP or risk the suspension of your service in 48h. Failing to provide us with an answer regarding the actions taken will also result in the suspension of your service.
If any IPs under your management are listed a second time over a period of 3 (three) months, your service will be suspended and you will need to pay a fee of $25 USD in order to have the IP delisted and the service unsuspended. The suspension of the service will occur without any prior notification.
If any IPs under your management are listed a third time over a period of 3 (three) months, your service will be suspended and you will need to pay a fee of $50 USD in order to have the IP delisted and the service unsuspended. The suspension of the service will again occur without any prior notification.
If any IPs under your management are listed a fourth time over a period of 3 (three) months, your service will be permanently suspended and you will not be able to regain access to your service. This decision will be final and we will no longer be offering our services to you.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of THC Servers Global LLC must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, THC Servers Global LLC shall either:

(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to THC Servers Global LLC by no later than the specified payment due date. THC Servers Global LLC shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Affiliate payout
An Affiliate account will receive its payout only when reaching the threshold of $100USD. The payouts are made at the beginning of each month, between the 6th and the 12th only via PayPal. If an Affiliate has not reached its target, the commission will be kept in the Affiliate's account until the threshold is reached or exceeded.

Commissions offered per services are as follow:
- 5% for Dedicated Servers. The commission is calculated based on the server configuration price
- 15% for both Linux and Windows VPS. The commission is calculated based on the VPS configuration price
- 25% for WordPress plans, Shared Hosting and Reseller Hosting. The commission is calculated based on the plan price.
Licenses and Domain names are not part of the Affiliate program. They have zero commission if purchased by one of your clients.

Service Fees
Certain services carry a setup fee charged by THC Servers Global LLC to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to THC Servers Global LLC and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
NOTE: Paysafecard payments cannot be refunded as the payment processor does not provide this option but we can refund your payment into your client area and use the funds to buy another service.
Money back guarantee & refund policy
We offer a 30 day Money back guarantee.
Refunds:
If you are not completely satisfied with our webhosting services, and you notify us in writing via your Client Area within the first 30 days of your contract that you wish to cancel, you will be given a full refund of the contract amount, excluding setup fees and overages. If a refund is due, you will be notified by email; it can take up to 30 days after cancellation of your contract to receive your refund. If you have not received your refund after 30 days, please open a ticket.
Refunds for Domain Names, Premium Support, Client Area Balance, SEO, Design services, Gateway Fees and Software Licenses are not available. Domain name related services are not refundable - this including, but not limited to Domain Renewal, Domain Registration, Domain Grace etc. Also, Software licenses are not refundable. SEO and Design services will not be refunded if you have been notified that the service is being implemented. If you paid the invoice using Perfect Money, Bitcoin, PaysafeCard or any other payment method that has a gateway fee, you can ask a refund only for the service/product listed in your invoice. The gateway fee value is not refundable.
Refunds will only be processed once per service type. For example: if you have purchased a Web hosting plan and requested a refund within the first 30 days of service, you will not be eligible for another refund concerning Web hosting plans. Dedicated Servers will be made available after the Supplier has validated the payment and within a maximum period of 7 days from the date that the purchase order is paid by the Customer. The actual payment is made when the sums corresponding to the Service are definitively credited to the Supplier account. After this period and in the absence of provision of the Service by the Supplier, the Customer reserves the right to request cancellation of the transaction and a refund of the sums already paid. After the server has been made available and 7 days have passed the Customer shall not be entitled to the reimbursement. The Customer shall also refrain from any breach or attempted breach activities (such as port scanning, sniffing, spoofing, etc.) while using the server. In such cases, the Customer shall not be entitled to the reimbursement. If your account was involved in illegal activities like spam/phishing/copyright infrigement/adult material and not limited to you won't be able to receive a refund
If you fail to provide client verification documents you won't receive a refund. After the verification process will be completed a refund option will be available.
NOTE:
Web hosting is a very legitimate need for most individuals and businesses. Unfortunately it is also an urgent need for hackers and spammers of many kinds. These people will always try to sign up for cheap hosting accounts, especially if there is an x months for free promo. Worse: they will also sign up for more expensive hosting accounts using stolen credit card info! This is why we have to remain vigilant about every sign up they get. Unfortunately, this is why you may also have to provide additional info upon signup, which could extend your signup process from a few minutes to a couple of days. For your own safety though... How do customers get validated? When you sign up, we will run an automated scoring algorithm upon the data your submitted, mostly credit card, address and your IP address. If the score is too low, we will ask you for additional proof of your identity, so we know who to get a hold of in case you turned out to be a hacker/spammer. Once the process is complete you will get your hosting account and will be able to use it freely. This process should not take more than a few hours.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
THC Servers Global LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from THC Servers Global LLC ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, THC Servers Global LLC shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of THC Servers Global LLC ' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to [email protected]. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
THC Servers Global LLC cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by THC Servers Global LLC are resold. Thus, certain equipment, routing, software and programming used by THC Servers Global LLC are not directly owned or written by THC Servers Global LLC. Moreover, THC Servers Global LLC holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as THC Servers Global LLC sees fit.

Account Activation
By activating your account with THC Servers Global LLC, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
THC Servers Global LLC guarantees 99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your service(s) will be extended with the duration of excessive downtime.

THC Servers Global LLC reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy
Revision date: 25/05/2018

THC Servers Global LLC has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Website.

A short summary can be found below:

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.

Contact information from the order forms is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the user for services.

Unique identifiers are collected from Web site visitors to verify the user's identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: [email protected]

Acceptable Use Policy
Revision date: 07/02/2014

As a provider of web site hosting and other Internet-related services, THC Servers Global LLC offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. THC Servers Global LLC respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, THC Servers Global LLC reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, THC Servers Global LLC has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using THC Servers Global LLC' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that THC Servers Global LLC cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because THC Servers Global LLC cannot monitor or censor the Internet, and will not attempt to do so, THC Servers Global LLC cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that THC Servers Global LLC does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over THC Servers Global LLC' network and may reach a large number of people, including both subscribers and non-subscribers of THC Servers Global LLC, subscribers' postings to the Internet may affect other subscribers and may affect THC Servers Global LLC' goodwill, business, reputation or operations. For these reasons, subscribers violate THC Servers Global LLC policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward THC Servers Global LLC, but also because it can overload THC Servers Global LLC' network and disrupt service to THC Servers Global LLC' subscribers. Also, maintaining an open SMTP relay is prohibited. It is considered Spamming when a user sends over 100 emails per hour, for shared hosting, and 300 emails per hour, for VPS services. When a complaint is received, THC Servers Global LLC will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore THC Servers Global LLC reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should THC Servers Global, LLC choose to pursue and prosecute.

Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, THC Servers Global, LLC does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
THC Servers Global, LLC does not allow adult content and will suspend/terminate any offending account.

Large File Policy:
THC Servers Global, LLC is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail [email protected].

Obscene Speech or Materials:
Using THC Servers Global, LLC' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. THC Servers Global, LLC is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using THC Servers Global, LLC' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
THC Servers Global, LLC reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that THC Servers Global, LLC determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. THC Servers Global, LLC will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with THC Servers Global, LLC' policy or applicable law. However, when THC Servers Global, LLC becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by THC Servers Global, LLC.

THC Servers Global, LLC is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching THC Servers Global, LLC' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. THC Servers Global, LLC does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. THC Servers Global, LLC reserves the right to directly take action against a customer of its subscribers. Also, THC Servers Global, LLC may take action against the THC Servers Global, LLC' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, THC Servers Global, LLC anticipates that subscribers who offer Internet services will cooperate with THC Servers Global, LLC in any corrective or preventive action that THC Servers Global, LLC deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of THC Servers Global, LLC policy.

THC Servers Global, LLC will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. THC Servers Global, LLC may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, THC Servers Global, LLC may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. THC Servers Global, LLC assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, THC Servers Global, LLC may disclose subscriber information or information transmitted over its network where necessary to protect THC Servers Global, LLC and others from harm, or where such disclosure is necessary to the proper operation of the system. However, THC Servers Global, LLC will never sell information to other services or outside companies.

THC Servers Global, LLC expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate THC Servers Global, LLC policy. Finally, THC Servers Global, LLC wishes to emphasize that, in signing the Service Agreement, subscribers indemnify THC Servers Global, LLC for any violation of the Service Agreement, law or THC Servers Global, LLC policy resulting in loss to THC Servers Global, LLC or the bringing of any claim against THC Servers Global, LLC by any third party. This means that, if THC Servers Global, LLC is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against THC Servers Global, LLC, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including THC Servers Global, LLC and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to [email protected].