Terms Of Service

Last updated July 24 2020

Clients Responsibility

All clients must use their real information upon signing up for an account with HostKoala. If you are using any service under HostKoala on behalf on another party, please note that both of you are liable for any actions done on HostKoala services. HostKoala will contact you with the email address you have placed when you registered with HostKoala. It is your responsibility to respond to such emails, any lapsed or inability to receive such email is not HostKoalas responsibility. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services. HostKoala has no control over users content. We will never monitor user content, only files accesible to the world wide web, only in the situation where there has been an abuse complain. HostKoala will never enter and view your personal content hosted on your website, unless given permission so, via a ticket in our client system. If asked to perform basic tasks, like modifying .htaccess files or PHP settings, HostKoala staff may enter your account, and make the necessary changes for you.

Prohibited Content

Any content, which violates the law of the server you are hosted on, will result in service suspension or termination. This means, if you have a USA hosting account, you must abide the USA law, or risk being suspended for unlawful content. This means, if you have a UK hosting account, you must abide the UK law, or risk being suspended for unlawful content. This means, if you have a Luxembourg hosting account, you must abide the Luxembourg law, or risk being suspended for unlawful content. This means, if you have a Netherlands hosting account, you must abide the Netherlands law, or risk being suspended for unlawful content. This means, if you have a Singapore hosting account, you must abide the Singapore law, or risk being suspended for unlawful content. The current law in Luxembourg ignores all DMCA takedown requests. We do not allow any financial scam sites, offering fake financial services/loans, this includes but is not limited to fake bank websites, fake financial group websites, phising sites or sites aiming to steal clients data and sites as those will be permanently closed without any refunds. Reseller accounts with multiple violations hosting prohibited content will be closed. Participating in DDOS attacks is prohibited. A list of prohibited scripts/content ( but not limited to ) can be found here. Breaking any of these may result in termination of your entire Host Koala account on a case by case basis ( We may be lenient if it's an unintentional case, but if we deem it intentionally breaking our ToS, we may suspend your entire Host Koala account.

SPAM

HostKoala prohibits spam/bulk email from being sent out from any hosting account. Any account found sending bulk mail/spam out from their hosting account will be suspended immediately ( whether intentional or not ). Most commonly, it is due to hacked Wordpress installations due to outdated themes/plugins, or the Wordpress core itself. In order to preserve our mailservers, these accounts will only be locked, and a full account backup will be provided to the client if requested.

This is to preserve our servers from being blacklisted by spam lists. Clients are still able to send bulk email using third party bulk email providers, such as SendGrid, AmazonSES & mailgun, however, are not permitted to send bulk/spam mail via our own servers.

Malware distribution

Malware is not allowed on any of our servers due to it harming the servers and IP range reputation of the servers. Accounts having such malware ( whether intentionally, or due to a hacked website ) will be suspended. The suspension will be reviewed by HostKoala staff, and unsuspensions are handed out on a case by case basis.

CPU Abuse

Cpu abuse via scripts, unoptimized websites, OR being attacked by DDoS is not allowed due to it stressing the server and impacting the performance of other users. Accounts running such scripts ( whether intentionally, or due to a hacked website ) will be suspended. These scripts include malicious scripts or even unoptimized Wordpress plugins which hit the core limit set used for each account consistently over a period of three hours. The suspension will be reviewed by HostKoala staff, and unsuspensions are handed out on a case by case basis. A list of prohibited scripts ( but not limited to ) can be found here

Payment Agreement

Late payments will cause service interruption, accounts will be suspended. After a three weeks of suspension, HostKoala has the rights to terminate the account with no backups. Please note that HostKoala sends out invoices 3 weeks before the renewal date, suspends an account a week after the invoices due date, and deletes the account 3 weeks after the suspension. This provides a customer an total amount of time of 7 weeks from the generation of the invoice until the service is terminated permanently. Once terminated, HostKoala will be unable to recover the data, but HostKoala can recreate a new account for you ( Without any data ). Please pay your invoices on time. If you require additional time to pay, contact HostKoala to see what can be done. Any fraudalent use of credit cards, charge cards, paypal accounts, will result in service termination.

Clients are responsible to cancel their own paypal subscriptions to Host Koala. Renewals that are cancelled within 30 days upon renewal will be refunded at 90% of its full amount or 50 cents, whichever is higher.

Money Back Guarantee

Only your first purchase with HostKoala on a selected server is eligible for a full refund. Any second purchase on the same server will not be eligible for a refund. This is because if you have purchased a 2nd account on the same server, you have fully tested the server. If you made a 2nd purchase, but on a different server ( EG. You own an Atlanta hosting account, and bought an ASIA hosting account ), you are eligible for a refund on the ASIA server within 45 days of purchase on the ASIA server. All refunds must be requested within 45 days of purchase date. Each account is only entitled to one refund via Paypal, however, refund in terms of store credit may be possible on a case by case basis. Refunds may take up to 7 business days to process.

Uptime Guarantee

If services falls below 99.9% uptime, HostKoala will provide a half month refund OR a 2400 % downtime reimbursement ( EG. One hour of downtime, will be credited with an extra DAY of service ) If service falls below 99% uptime, HostKoala will provide a full refund for that month. Uptime is monitored independently by Hetrix Tools with us. Downtime due to clients own ISP problems, or clients own website coding/functionality issues is considered to be out of our control and will not be reimbursed.

The offshore server for both cPanel and DirectAdmin are exempt from this, due to the nature that most users hosting content on the Offshore server attract large amount of DDoS attacks on a daily basis. We can only offer a full refund within 45 days of purchase, or a pro rated refund for the remainder of the users term if the purchase was longer than 45 days ago.

Datacenter Outages

In light of recent events ( March 2021 ), where OVH Datacenters went down to a fire, the uptime guarantee no longer covers any datacenter incidents ( With proof )

An example would be the recent OVH fires that occured on their French datacenter in March 2021

Backups

While HostKoala implements weekly Offshore backups & Daily Backups as well as using RAID 10 SSDs OR RAID 1 NVMe SSDs, HostKoala will not be responsible for any data loss for clients who use our service. It is impossible to predict RAID failures or corrupted backups. Even large companies like DigitalOcean have suffered loss of data. It is highly recommended that you have your own backups, on multiple levels, for your protection of your own data.

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