Terms of Use
[1] Website Terms of Use
This section represents a legal document that serves as our Terms of Use and Service level agreement, and it governs the legal terms of our website, sub-domains and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by us.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, and other posted guidelines within this page, collectively "Legal Terms" , constitute the entire and only agreement between you and InfinyHost LLC, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. The latest copies of our Legal Terms is always posted on our Website, and you should review all Legal Terms before using our Website and Services.
[2] Definitions
The terms "us" or "we" or "our" or "the Company" refers to InfinyHost LLC, the sole owner and publisher of the Website. A "Visitor" is someone who browses our Website but is not yet registered as Member. A "Member", or a "Customer", or a "Client" is an individual, registered with us, with the sole purpose to use our Service. Our "Service" represents the collective functionality and features as offered through our Website to our Members. A "User" is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
Terms of Service
The following Service Agreement (TOS or Agreement) apply to all services provided by us to you, the customer. By purchasing services from us, you agree to these terms of service.
[1] Orders
You must be over the age of 18 at the time you place an order. All orders will be scanned for fraud activity and might be held for manual human verification process. You may receive a notice that your order has been rejected in case it fails to pass our Fraud Verification process. In such cases, no order will be accepted, and no service will be activated until the issue is resolved by manual verification. We may or may not make a reasonable effort to contact you via the provided contact information during the order process to verify your order, and it is your responsibility to contact a company representative via Live Chat, Phone or Email to have your order verified. The Company is under no obligation to provide any service, which is not explicitly included in the order.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, and other posted guidelines within this page, collectively "Legal Terms" , constitute the entire and only agreement between you and InfinyHost LLC, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. The latest copies of our Legal Terms is always posted on our Website, and you should review all Legal Terms before using our Website and Services.
[2] Payments
[2.1] Upon submitting an order, an invoice will be generated. No service will be activated until the payment for the order, under which the specific service is added, is submitted. Invoices are due immediately upon receipt, and all fees are net of applicable fees. The Customer is responsible for any additional fees or taxes that might be applied to you by your bank or payment service provider such as but not limited to currency conversion.
[2.2] All services provided by the company are automatically set on recurring billing, and an invoice will be issued at least 7 days before the service expiration date except the services that are explicitly advertised as "One-time" services. In case any of the services set on recurring are not explicitly canceled and discontinued by the customer in compliance with the "Cancellation and Refunds" policy, the Customer will be charged the applicable fee for the service renewal based on its billing cycle and regular service price. In case an automatic renewal charge fails, and you fail to renew or terminate the service, we will make additional attempts to charge your credit card(s) and if we are not able to charge any of the available credit cards, the service will be suspended until the payment is submitted by the Customer. The Company is not responsible for any loss including files, emails, domains or lost profits as a result of service suspension or termination due to no renewal or because your credit cards on file have expired or are no longer valid for any reason.
[3] Renewal Policy
The Customer understands and agrees that their services with The Company will be billed on a recurring basis unless The Customer informs The Company that they want to cancel any or all of the provided services by submitting a Cancellation Request form in the Client Area. For renewal fees, we will issue a full refund if cancellation is requested within 30 days from the date on which we receive payment for renewal and the renewal Term has not started. If the renewal Term has already started, we will refund the renewal fees less the fees due for the first month of the Renewal Term. Services that involve third-party fees covered by the Company such as but not limited to domain renewals and SSL renewals are non-refundable if the service has already been renewed by us. It is the sole responsibility of The Customer to make sure that their payment information is kept up to date, as well as all invoices are paid on time or the service is canceled prior to the service due date. The Customer acknowledges that the Company is keeping a copy of the non-renewed shared hosting account for no more than 1 calendar week after the due becomes effective.
[4] Service Cancellation
[4.1] Service cancellation by the Customer.
All services that are provided by The Company can be canceled by The Customer. Only requests submitted through the Client Area are considered as valid and will be reviewed by The Company. The cancellation becomes effective in accordance with the time chosen by the Customer through the Cancellation process. After the cancellation request is submitted by the Customer, the Customer's account will be suspended either immediately or at the end of the service billing period depending on the Customer's choice during the cancellation process. The Customer acknowledges that the Company is keeping a copy of the canceled shared hosting account for no more than 1 calendar week after the cancellation becomes effective.
[4.2] Service Cancellation by The Company.
Any of the services that the Company offers may be canceled by the Company with no prior notice and with no refund in case that the Company finds out in good faith that the Customer's use of the service violates the Terms of Use or the customer's account is involved in illegal activity. The Company cannot be held in charge for loss of data if such a cancellation has been done. The Company may also cancel any of its services, if the Company determines in good faith that the service has become impractical or unfeasible for any technical, legal, loyalty, regulatory or other reason, by giving or without giving the Customer as much prior notice as reasonably practicable. The Customer acknowledges that if the reason for service cancellation by the Company is a violation of Terms of Use by the Customer, a refund will not be issued by the Company.
[5] Account Ownership
The personal information which has been submitted during the sign-up process will be set and available under the "Account details" section of the Customer's client area. The individual or entity set in the 'My details' section is considered to be the account owner. It is a Customer's obligation to ensure that the correct details are set under this section. It is a Customer's obligation to keep the contact details such as first name, last name, email and phone up to date and to make sure they have access to the contact email address which is used for Client Area/Account login username. The company is under no obligation to provide any access, data, or service related to the account in case the Client is not able to access their Client Area/Account due to lost access to their email address or password. If there is a dispute about the ownership, the account will be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
[6] Domain Registration
[6.1] Domain ownership
The Company will register the domain name to The Customer and will not own or otherwise control it. The Customer will remain the only owner and operator of the domain name registered by The Company. The Customer authorizes The Company to register the domain name on his behalf, using the details submitted during the signup process.
[6.2] Personal Data
The Provider takes all necessary measures to protect the personal data of the User in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 regarding the privacy protection of individuals, the processing of personal data, the free movement of such data and the repeal of Directive 95/46 / EC (GDPR) and the Personal Data Protection Act. The Provider acts as Data Processor for domain name registrars and processes User personal data in accordance with Art. 6, para. 1, b. "B" of the GDPR and the data processing is necessary for the performance of a contract to which the data subject is party. InfinyHost LLC shall transmit the necessary information to the respective domain registrar who shall process your data as a controller for the purpose of registering the requested domain. The Controller shall not transfer your data to third countries.
[6.3] ICANN Terms of Service
In addition to the TOS included on this page, all domain name registrations are subject to the terms and conditions of the Company registrar of choice. As a condition of this TOS, you agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on your behalf. Details of these terms and conditions are available here: http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
[7] Limitation on Company Liability
The company shall not be liable for:
- (i) any indirect, incidental, special or consequential damages, or for any loss of profits or loss of revenue resulting from the use of the products and services by the customer or any third parties or any failure of the products and services or
- (ii) any loss of data or corruption of data, including loss of data resulting from delays, nondeliveries, misdeliveries, service interruptions, failure of network, failure of servers, the reloading of an operating system or other software on a server or the negligence of the company. The customer is solely responsible for safeguarding, backing up and archiving all data owned, controlled or transmitted by customer that resides on our network or any server owned or operated by us. In no event shall the company aggregate liability for any claim under this agreement exceed the aggregate amount paid by customer to InfinyHost LLC in the billing cycle immediately preceding such claim. InfinyHost LLC provides all products and services "as is", without warranty of any kind, whether express or implied and disclaims all implied warranties, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose.
Service Level Agreement (SLA)
The Company will use reasonable efforts to make the Covered Services available with a Service Uptime of at least 99.9% for a given month. In the event we are unable to meet this target, and Customer satisfies the conditions of this SLA, Customer may be eligible to receive Service Credits.
[1] Network Uptime
We guarantee that our Public Network will be available 100% of the time in a given month, excluding scheduled or emergency maintenance, acts of war, acts of God, natural disaster, pandemic, utility outages, denial of service attacks, failure of communication lines and/or the Internet, and the occurrence of vulnerabilities or exploits which could not have been avoided with commercially reasonable care. Otherwise, we apply a 100% service credit of your monthly fee towards the affected account. In no event shall the value of any Service Credit for any given month exceed 100% of the fees invoiced for the applicable Covered Service Instance during that particular month.
[2] Server Uptime
We guarantee that the server hosting your website(s) will be available 99.9% of the time in a given month, excluding scheduled or emergency maintenance, acts of war, acts of God, natural disaster, pandemic, utility outages, denial of service attacks, failure of communication lines and/or the Internet, and the occurrence of vulnerabilities or exploits which could not have been avoided with commercially reasonable care. Otherwise, we apply a 100% service credit of your monthly fee towards the affected account. In no event shall the value of any Service Credit for any given month exceed 100% of the fees invoiced for the applicable Covered Service Instance during such month.
The calculation of network and server availability is based on our own internal records. We will not accept third-party reports as evidence that you are entitled to compensation under this agreement.
Cookies Policy
As described in our Privacy Policy (listed below) and in accordance with its provisions, we use cookies, web beacons and similar technologies to identify you and collect information that helps us enable certain functionality on our site, let you access your account, analyse website traffic and usage and personalise content and (our own) ads.
[1] Your Consent
When you first visit our website, it will present you a designated Cookie Notice and pop-up tool that enables you to find a list of the different categories and a list of vendors serving them and choose which types of cookies you would like our Site to use. By browsing our site, closing the Cookie Notice message, or clicking “Accept All Cookies” in it, you agree to our use of cookies, web beacons and similar technologies as described herein and in our Privacy Policy. You can decide to withdraw your consent at any time. You can manage your preferences regarding Cookies by modifying them in the designated “Cookie Settings” pop-up tool on our Site.
[2] What are Cookies, web beacons, pixel tags and similar technologies?
A cookie is a small piece of data that our website asks your browser to store on your computer or mobile device. Generally, it contains certain information that is not personally identifiable to you, but is used to improve and personalise your web experience. For example, a cookie can include the date and time of visits to the website, the pages viewed, the time spent on the website and the sites visited just before and just after it. Some of the pages you visit on the Site may also collect information through the use of web beacons, also called pixels, image tags or script tags. They are small files or pieces of code that may be loaded on our Site and they are used in conjunction with cookies.
[3] What do we use cookies, pixels and tags for?
We use cookies to make our Site easier to use. Cookies can store your account identifier, ordering status, personalisation or website tracking. They can also be used for technical purposes such as keeping track of your current shopping session and enabling you to proceed to checkout and pay for your according order or to save information which has already been entered (languages choices, and your region), so that we can offer improved and more personalised services, products and other relevant communication tailored to you. We also include cookies, pixels, tags and similar technologies provided by third-parties. They allow us and these parties to collect the information that you have visited our Site and were interested in certain offers. We use them to manage and monitor our online advertising and aggregate anonymous information relating to trends and movements of users around the Site, user base as a whole, advertising responses, page views, promotion views and purchases made. Such pixel tags may be used to recognise third party cookies and inform us and/or third parties of which advertisement or link brought you to our website, allowing us to measure effectiveness of promotional activities and better target Internet advertisements and efforts in improving our service and Site. As a result we may display targeted, or interest-based, offers to you based on the products you currently own or have recently viewed and deliver other communication more relevant to you and your interests outside of our Site, on other websites part of the third party's network.
[4] How do you manage, control or block cookies?
You can manage your preferences regarding Cookies by modifying them in the designated “Cookie Settings” pop-up tool on our website. You can opt-out of each cookie category (except strictly necessary cookies) by clicking on the corresponding category and disabling it. You can also modify your Cookie preferences directly from your browser. Almost all browsers allow to detect Cookies and block them automatically. Please note that if you disable our website Cookies or Cookies in general in your browser settings, this will prevent Site functionally-required cookies and certain sections or features of our Site will not work. Browser settings are usually found in the 'Options' or 'Preferences' menu. Browser-specific help with cookies can be found in the links below. For further information, we recommend referring to the documentation of your browser.
- Internet Explorer – https://support.microsoft.com/en-GB/kb/278835
- Chrome – https://support.google.com/chrome/answer/95647?hl=en-GB
- Firefox – https://support.mozilla.org/en-GB/kb/delete-browsing-search-download-history-firefox
- Safari – https://support.apple.com/kb/PH5042?locale=en-GB
- Opera – http://www.opera.com/help/tutorials/
Privacy Policy
[1] Collection of Information
When you access and browse the Site (including when you submit personal information to us through data entry fields on the website) we will collect the following from you:
- Contact information - we receive and store any information you enter on our Site. Our Site uses forms to collect your personal information including your name, address, telephone number, email address so you can place orders, request information, get support and use our services.
- Payments and billing information - when signing up for any of our Services, products, or programs, we request additional personal and payment information such as your name, credit card information, PayPal or relevant service, billing address, personal, government or TAX identification number or other information including but not limited to certificates, tax declarations, forms, payment documents and other relevant documents.
- Automated information - when you visit our website we receive and collect information, which may - in certain circumstances constitute personal information - and which includes your IP address, referral URL, exit URL, browser software, operating system, date/time and/or clickstream data.
- Website Analytics tools - We use analytics services by third parties to collect information about the use of this Site, such as number of visits, pages visited, popularity of certain content. Analytics tools use tracking technologies (like cookies) to recognize your device and compile information about you. They collect information such as what pages you visit and how much time you spend on these pages, the IP address assigned to you, what operating system and web browser you use, and what site you visited prior to visiting our website.
- Information Logs - when you visit the Site, view content provided by us, use our services, use our Chat service, ask us a question, request technical assistance in regards to our services, send us an email or participate in a contest or survey on our website, we automatically collect and store certain information in log files. This includes your IP address, URL, referral URL, exit URL, browser software, operating system, date/time, requests type to our Site and error responses returned by our Site or Services.
[2] How we use the information
- Contact information – to contact you regarding the progress of your orders, status of the services, functionality changes to our products and our Site, and - where you have opted in to receive such information - other/new services, and/or special offers/newsletters we think you might find useful, we use email, telephone, and/or text message, as well as to inform you about hosting account issues, service interruptions or updates, service improvements or new products in accordance with our Terms of Service and applicable law.
- Payment and billing information – we need it together with your contact details, to open a Client or an Affiliate account for you, to process your orders and renewals, to enter into a contractual agreement for any Services, to invoice you and to fulfill our legal obligations for tax calculations.
- Automated information – to diagnose problems with our servers, to administer our Site and services. This is not linked to any personally identifiable information, except if necessary to prevent fraud or abuse on our Site and systems.
- Analytics tools – to improve services on our Site.
- Information Logs – for diagnosing problems, administering our Site and resolving issues.
[3] How we share your personal information and who we share it with
[3.1] We do not disclose your personal information with third party companies, with the exception of domain registrars (see [3.2] below). If we are required by law, we will disclose information about you in response to a subpoena, court order, or other legitimate governmental request only.
[3.2] Domain Registrars - the domain's owner information (WHOIS Data) for any domain name is required and controlled by the ICANN-accredited registrar provider and the Registry for the top-level domain which you wish or have registered. We share your information to the extent necessary to comply with ICANN's rules, regulations and policies,with rules and policies by the ICANN-accredited registrar providers we represent and the rules and policies of the top-level domain Registry. These registrar providers are located in Europe, USA and Canada. The information is also shared with the Registry for the top-level domain which may be located in another jurisdiction. The use and disclosure of the personal information as part of the domain registration process is governed by the Domain Name terms in our Terms of Service and the applicable agreements with the ICANN-accredited registrar.