This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to One Planet Hosting, Inc., as well as its subsidiaries and sister companies (“One Planet Hosting”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by One Planet Hosting. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional One Planet Hosting service(s) or products or to cancel Your One Planet Hosting service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. One Planet Hosting’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.
You represent and warrant to One Planet Hosting that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by One Planet Hosting shall not be used in connection with any illegal activity.
You expressly (i) grant to One Planet Hosting a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by One Planet Hosting under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.
One Planet Hosting will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall One Planet Hosting be liable to You for any damages resulting from or related to any failure or delay of One Planet Hosting in providing access to the Internet under this Agreement. In no event shall One Planet Hosting be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of One Planet Hosting under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A One Planet Hosting account may not be transferred without prior written approval from One Planet Hosting.
One Planet Hosting assigns to You an Internet Protocol (“IP”) address in connection with Your use of the One Planet Hosting services. The right to use that IP address will remain with and belong only to One Planet Hosting, and You will have no right to use that IP address except as allowed by One Planet Hosting in its sole and absolute discretion.
You may enable SSH access in Your account, or by contacting our Support team. Upon completion of said terms You will be granted Jail access to the system on a provisional basis. Any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.
By using any Services, provided by One Planet Hosting You agree:
At its discretion, One Planet Hosting can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to One Planet Hosting. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. One Planet Hosting prohibits the following activities listed without limitation hereunder:
We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.
Server Resource Provision. Your use of the server resources shall not endanger the capacity and operation of the shared server.
For all account packages:
One Planet Hosting staff may use the following tools at our discretion to identify use of system resources:
Downloadable files, media, databases must comply with the following limitations:
Under its sole discretion, One Planet Hosting reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with One Planet Hosting and shall be made in its reasonable discretion.
Backup Limitations. Any shared hosting account that uses more than 25GB of disk space or contains more than 200,000 inodes will be removed from our weekly system backup. Any user whose hosting account is using more than 25GB of disk space or contains more than 200,000 inodes is solely responsible for maintaining the copy of his/her account.
Softaculous backups created manually are stored for 28 days. Once this period is over, backup will be removed from the server and no copy will exist. Additionally, when using backup rotation option, you are allowed to set 10 copies maximum per each script you have installed using Softaculous. The eleventh copy of your site will replace the earliest backup file, the first one, generated for the website installation.
Use of Email Services. You should use email and other related services in full compliance with the terms below:
In order to safeguard overall server performance, You may send and/or forward not more than the following number of emails, per hour per domain:
|Plan||Email per hour per domain limit|
One Planet Hosting may, at its sole discretion, limit the volume of email messages You can deliver through our services. One Planet Hosting may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send email through our services. One Planet Hosting may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will One Planet Hosting be liable to You or any other party for any indirect, special, economic or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.
IPv4 Address Usage Policy. Due to the exhaustion of the IPv4 address space we actively conserve IP address space by limiting the IP addresses each web hosting account can use.
Shared hosting accounts may each use only 1 IP address.
The IP address limit is a per account, not a per customer basis. Customers may hold multiple accounts to get access to additional IP addresses. We strongly urge customers to only use IP addresses for essential use and we do require justification for usage.
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on One Planet Hosting servers; and (iv) ensure the confidentiality of Your password. One Planet Hosting services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and One Planet Hosting shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by One Planet Hosting are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. One Planet Hosting shall have no liability to You or any other person for Your use of One Planet Hosting products and/or services in violation of these terms.
In the event You terminate this Agreement or Your use of One Planet Hosting products and/or services, then moving Your server content off of the One Planet Hosting servers is Your responsibility. One Planet Hosting will not transfer or FTP Your server content to another provider. In the event Your use of One Planet Hosting products and/or services is terminated, One Planet Hosting will not transfer or manage Your services or Your content.
One Planet Hosting provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. One Planet Hosting does not take responsibility for any faults in such software functioning.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by One Planet Hosting. Your use of any third party software is at Your own risk. One Planet Hosting cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. One Planet Hosting will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.
One Planet Hosting explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by One Planet Hosting; (ii) establish limits and guidelines concerning the use of One Planet Hosting services and/or products; (iii) terminate Your use of One Planet Hosting services and/or products for use of One Planet Hosting services and/or products to unnecessarily or illegally harass One Planet Hosting or third parties, non-payment of fees for One Planet Hosting services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of One Planet Hosting, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that One Planet Hosting determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of One Planet Hosting services and/or products if Your use of One Planet Hosting services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against One Planet Hosting or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of One Planet Hosting services and/or products at any time and for any reason if deemed reasonably necessary by One Planet Hosting. One Planet Hosting has no obligation to monitor Your use of One Planet Hosting services and/or products, but reserves the right in its sole discretion to do so.
Right of Refusal. One Planet Hosting has the right to refuse services to anyone at Our discretion.
The services offered by One Planet Hosting are being provided on an “AS IS” and One Planet Hosting expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, One Planet Hosting expressly does not warrant that One Planet Hosting services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from One Planet Hosting shall create any warranty not expressly made herein. You agree that One Planet Hosting will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of One Planet Hosting; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.
Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. One Planet Hosting has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that One Planet Hosting has no obligation to back-up any data related to your website unless One Planet Hosting expressly agrees otherwise in writing or has expressly stated so on the website.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge One Planet Hosting and all affiliates of One Planet Hosting, and all officers, agents, employees, and representatives of One Planet Hosting, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the One Planet Hosting products and/or services by One Planet Hosting and its agents and employees. Further, You agree to defend, indemnify and hold harmless One Planet Hosting and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by One Planet Hosting’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to One Planet Hosting, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your licensed One Planet Hosting website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets.
This indemnification is in addition to any indemnification required of You elsewhere. Should One Planet Hosting be notified of a pending law suit, or receive notice of the filing of a law suit, One Planet Hosting may seek a written confirmation from You concerning Your obligation to defend, indemnify One Planet Hosting. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that One Planet Hosting shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify One Planet Hosting of any such claim promptly in writing and to allow One Planet Hosting to control the proceedings. You agree to cooperate fully with One Planet Hosting during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.
One Planet Hosting is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent One Planet Hosting receives a proper notice of infringement of copyright, trademark or other intellectual property, One Planet Hosting reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if One Planet Hosting believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.
One Planet Hosting expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. One Planet Hosting also reserve the right to terminate an account or subscriber for even one instance of infringement.
Proper notice of infringement shall include the following information in writing to One Planet Hosting’s designated agent:
One Planet Hosting expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by One Planet Hosting in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by One Planet Hosting in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of One Planet Hosting, its officers, directors, employees and agents, as well as One Planet Hosting’s affiliates.
In the event that One Planet Hosting need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.
Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court for the State of Washington, or if there is no jurisdiction in such court, then in a state court in King County, Washington State.
You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name WHOIS information You have provided.
You attest that you are of legal age (18 or over) to enter into this Agreement.
This Agreement, together with all modifications, constitute the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for One Planet Hosting’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without One Planet Hosting’s prior express written consent.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; global warming; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over One Planet Hosting, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, One Planet Hosting may immediately terminate this Agreement.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.