Terms of service of the hosting provider Hostiko

The user (hereinafter the Client) accepts the terms of this document when registering, ordering, or paying for the services of Hostiko (hereinafter the Operator).

Acceptance of terms and purpose of services
1. By creating an account, ordering, or paying for services, the Client accepts these Terms of Service and agrees to comply with them.
2. The Client confirms that they use the Operator services for business purposes. If the Client does not agree to these terms, they may not create an account, order, or use the Operator services.
Service provision
1. The Operator provides hosting, virtual and dedicated server services, and related additional services within the limits of the Client selected tariff plan or individual agreement.
2. The services are provided "as is", unless otherwise expressly agreed with the Operator. The Operator may change the list of services, tariffs, and the procedure for providing services. Changes take effect after publication on the Operator website, unless another term is specified.
3. The Operator is responsible for the operation of its infrastructure, host machines, and network connection within the area under its control.
4. Fair Use Policy may apply to resources. A fixed network channel speed is guaranteed only when the relevant additional service is ordered or when there is a separate agreement.
Rights and obligations of the Client
1. The Client may use the services for any lawful purpose and install their own software, provided that it does not violate the law, third-party rights, or these terms.
2. The Client is responsible for their actions, hosted content, server settings, operating system, installed software, security of access credentials, and compliance with the law. Exceptions are works that are expressly included in a paid administration service.
3. The Client must independently monitor content, software, and informational materials hosted using the Operator services.
4. The Client must provide and keep their account information accurate and up to date, including but not limited to full name, email address, phone number, physical address, and country of residence or registration.
5. The Operator may request verification of account information at any time. If the Client refuses to complete verification or does not complete it within 48 hours from the request, the Operator may suspend the account and the provision of services.
6. Multi-accounting is prohibited unless individually permitted by the Operator support team. Multi-accounting means creating or using multiple accounts by one Client or related persons both to bypass restrictions, rules, checks, sanctions, limits, promotions, or other Operator terms, and without such purposes.
7. The Client may not publish or disclose to third parties access credentials, ticket contents, non-public technical information, infrastructure information, vulnerability information, personal data, commercial terms, or other non-public materials received from the Operator. This does not restrict the Client right to describe their user experience without disclosing such information.
8. The Client must notify the Operator about discovered infrastructure malfunctions or vulnerabilities and must not publicly disclose such information until it is resolved.
Rights and obligations of the Operator
1. The Operator undertakes to provide services within the paid tariff plan or individual agreement and to maintain the operation of the infrastructure within its area of responsibility.
2. The Operator undertakes to review Client requests through available support channels within a reasonable time, taking into account the urgency of the request, the nature of the service, and the current support workload.
3. The Operator undertakes, where possible, to notify the Client in advance of scheduled maintenance if such maintenance may affect service availability.
4. The Operator undertakes to take reasonable technical and organizational measures to protect its infrastructure and non-public Client data, except where disclosure is required by law, a competent authority, a payment system, or is necessary to protect the rights and infrastructure of the Operator.
5. The Operator is not responsible for Client content, Client actions, consequences of server configuration by the Client, loss of data caused by the Client, or damage caused by the Client violation of these terms.
6. The Operator may refrain from pre-screening Client content, but may review information and take action upon receiving a complaint, detecting a violation, receiving a request from a competent authority, or identifying a risk to the infrastructure.
7. The Operator may temporarily stop services for maintenance, accident recovery, infrastructure protection, response to attacks, abuse, or extraordinary circumstances.
8. The Operator may refuse to provide services, suspend services, or terminate services if the Client violates these terms, the law, third-party rights, security requirements, or payment system rules.
9. The Operator may, at its own discretion, delegate the provision of a service or part of it to third parties or affiliated companies, provided that the Operator remains responsible for such subcontractors compliance with the terms of this agreement.
Payment, renewal, and data retention
1. The Operator will not automatically charge funds from the linked card or bank account of the Client unless the Client has given explicit consent or initiated that action themselves.
2. The Operator does not guarantee the retention of Client data after the end of the paid service term, even if the service is displayed in the client panel or the Client has received a notice that the service is scheduled for deletion in several days. The Operator may delete such data at any time without additional notice.
3. When renewing a service after the end of the paid period, the Operator may charge a fee for the period of actual resource reservation, service restoration, and manual processing. The amount of such fee may be up to 300% of the service cost for the overdue payment period.
Limitation of liability
1. The Operator is not liable for lost revenue, lost profits, data loss, interruption of Client business, reputational damage, indirect, incidental, special, or consequential damages arising in connection with the use or inability to use the services, unless otherwise expressly required by applicable law.
2. The aggregate liability of the Operator for any claims related to a specific service is limited to the amount actually paid by the Client for that service for one calendar month preceding the event giving rise to the claim, unless a higher liability amount is mandatory under applicable law.
3. Service credits granted under the SLA are the sole remedy for breach of the availability guarantee, unless otherwise separately agreed with the Operator or mandatory under applicable law.
Indemnification of the Operator
1. The Client agrees to compensate the Operator for losses, expenses, fines, commissions, legal costs, and other costs arising from the Client violation of these terms, unlawful use of the services, content hosted by the Client, abuse activity, spam, malware, DDoS attacks, phishing, inclusion of Operator IP addresses or networks in blocklists, copyright holder claims, third-party complaints, requests from competent authorities, or payment systems.
2. The Client also agrees to assist the Operator in handling such claims, complaints, and requests, including by providing necessary information, removing disputed content, and stopping the violating activity.
Prohibitions
1. It is prohibited to host, distribute, or use content and software that violates the law, third-party rights, copyright, related rights, intellectual property rights, privacy rights, or payment system rules.
2. Phishing, malware, botnets, grabbing, carding, fraud, scanning and hacking of third-party resources, DDoS attacks, participation in attacks, or any activity aimed at unauthorized access or disruption of networks and systems are prohibited.
3. Spam, mass mailings without recipient consent, mailings without a reliable sender, and actions that cause Operator IP addresses, networks, or domains to be listed in blocklists are prohibited.
4. Materials related to sexual exploitation of minors, propaganda of terrorism, violence, murder, incitement of national, ethnic, racial, or other hatred, and other clearly illegal or harmful content are prohibited.
5. Actions that harm the infrastructure, security, or business reputation of the Operator or other clients are prohibited, including publication of non-public technical data, vulnerabilities, network diagrams, or access credentials.
6. Insults, threats, blackmail, defamation, or obscene language in communication with Operator employees are prohibited.
Refunds
1. Refund of unused funds is possible after deduction of expenses incurred by the Operator for processing the payment and the Client account (typically the payment system commission).
2. Refunds for ordered services are not guaranteed, but may be made by prior agreement with the Operator.
3. Refunds are not possible in case of violation of any Terms of Service, and also for services billed hourly or daily.
4. An exception for hourly or daily billed services is possible if the Client mistakenly selected an incorrect payment term and the Operator can verify that the mistake was unintentional.
5. Refund or withdrawal of cashback, service credits granted under the SLA, and any other bonus accruals is not possible, except for referral rewards.
Server location and IP geolocation
1. The Client understands that IP-based geolocation relies on third-party databases and may occasionally be inaccurate.
2. The Operator does not manage third-party IP geolocation databases and cannot guarantee the accuracy of records published or updated by third parties.
3. The Operator guarantees that the location selected by the Client for the service is the physical location of the server infrastructure hosting that service.
ISO connection limits
1. The ISO connection feature must not be used as additional disk storage.
2. Any ISO image must not remain attached for more than 6 hours.
3. In case of abuse of this feature, the Operator may restrict or disable ISO connection for the affected service or account.
Service Level Agreement
1. The Operator guarantees 99.9% network and infrastructure uptime for all VPS services, measured on a calendar month basis. The guarantee covers availability of physical server hardware, network connectivity, and power supply.
2. The following are excluded from uptime calculations: scheduled maintenance announced at least 48 hours in advance; issues caused by Client actions or configurations; force majeure events; DNS issues outside the Operator network; DDoS attacks targeting the Client server, which may result in null-routing.
3. If uptime during a calendar month falls below the guaranteed level, the Client may receive a service credit: 10% of the monthly service fee for uptime from 99.0% to 99.9%; 25% of the monthly service fee for uptime from 95.0% to 99.0%; 50% of the monthly service fee for uptime below 95.0%.
4. To claim a service credit, the Client must submit a support ticket within 30 days after the incident, specifying the date, time, and duration of the outage. The service credit is applied to the next invoice and cannot be redeemed for cash.