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040 Hosting ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of 040 Hosting Service constitutes acceptance and agreement to 040 Hosting TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of 040 Hosting

These are the rules in short but please do continue and read the rest of this page, if any questions arise please do contact us before you sign up, we like to be clear to our customers and run smooth operations for all our customers. If you have a problempric with the below rules find another company which is willing to accept these services. If you are a future dedicated server customer and are in need of some of the below prohibited programs please contact sales to discuss, no illegal material is ever allowed. 

No IRC's, BNC's, Eggdrops, Unauthorized SHELL programs, HYIP or PROXY sites, Illegal or blatantly offensive material or Spamming from a site or server. No Exceptions at any time for any reason. Customers who LOAD (Proof of use or public display NOT required) these programs or materials on any server will be terminated without recourse and billed (including penalties) and further pursued to THE FULLEST EXTENT of the LAW, including but not limited to lawsuits against the individuals responsible.

Spamming using other resources with links directed back to sites on our servers IS involving us in the spamming not unlike using our actual server and can be grounds for termination without recourse.

Use of company services constitutes acceptance and agreement to the company's AUP as well as the company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of 040 Hosting and AUP (Acceptable Use Policy). The AUP and TOS may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

Indemnification Policy

You agree to use all 040 Web Hosting services and facilities at your own risk. 040 Web Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall 040 Web Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

Customer agrees that it shall defend, indemnify, save and hold 040 Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against 040 Web Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless 040 Web Hosting against liabilities arising out of: Any injury to person or property caused by any products sold or otherwise distributed in connection with 040 Web Hosting’s server.

Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from 040 Web Hosting’s server. 040 Web Hosting shall be the sole judge of what violates this Policy.

SPAM Policy

040 Web Hosting is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the 040 Web Hosting network, by customers or any other users of the 040 Web Hosting network (including customer's customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the 040 Web Hosting server. We react very quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an 040 Web Hosting email address or web site URL is prohibited. The use of 040 Web Hosting servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam are subject to a "clean up" fee of at least EUR 800,00

Content Policy

All services provided by 040 Web Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited when located on a server in another country as the United States local laws apply. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless 040 Web Hosting from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography and sex-related merchandising is prohibited on all 040 Web Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. 040 Web Hosting will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to 040 Web Hosting 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
• Adult sites
• MP3 Sites

040 Web Hosting does not host sites of its competitors or web pages promoting sites of its competitors. Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. The same is also applicable for all resellers and any other sub accounts hosted under these reseller accounts. 040 Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

CGI Scripts Policy

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other 040 Web Hosting customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed. 040 Web Hosting is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.

040 Hosting does not allow CGI proxies on Shared accounts. CGI proxies allowed to the Dedicated servers Customers only when having written approval from 040 Hosting and its datacenter. 040 Hosting reserve the right to remove every CGI proxy script without notification for Shared accounts.

Resource Usage

If our system administrators determine that a customer's account is utilizing an unacceptable amount of system resources, we may temporarily deactivate the account in question. We may contact the client to offer alternative solutions for their accounts and make our best attempt to keep their account active without degredation to other clients services. The Company be the sole arbiter as to what constitutes a violation of this provision.

To protect our customers resellers are not allowed to run a so called free-hosting business (charity websites are allowed though), this does attract a certain group of people and scripts which do use to many resources, we rather do not see these on our servers. If you believe you are an exception you may always contact sales and discuss your personal situation.  This is not applicable for dedicated server owners.

Programs

We do not allow programs to run continually in the background. This is to minimize system resources used and operational maintenance needed. We do not allow any chat or topsite programs on our servers other than the ones we pre-install for our clients to use.

Chat Policy

040 Web Hosting does not allow chat rooms if that effects normal server operation or service to other 040 Web Hosting Customers.

IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of violation will result in immediate account termination.

Backups

Full backups are made. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. The Backup Manager is included in each hosting plan and you can use this tool to backup your files.

Mailings

Please inform our support desk if you plan to use any mailing lists in order to make sure your account is setup correctly. Failing to do so might interrupt your mailings.

Payment Policies

040 Web Hosting offers a 30 day, no questions asked money back guarantee for our hosting services (excluding all dedicated server offers). After the end of the 30 day period the following rules apply on all services. One 30 day money back refund for Customer allowed per 180 days to prevent abuse. Establishment of these services are dependent upon receipt by  040 Hosting of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. No refunds will be available for 3rd party installations (scripts, certificates, templates, domain names etc.) and custom programming & scripting work as well as semi-annual and annual payments. The above applies to all accounts and services provided by 040 Web Hosting.

Prefered methods of payment (in order):
- Banktransfer (wiretransfer) for European Customers (for new customers this may delay setup by 2-3 days)
- Paypal (International Orders). (setup usually within minutes after verification of account).
- 2Checkout (International Orders for Reseller, Semi-Dedicated Servers, Dedicated Servers) by creditcard.
 
Service will be interrupted on accounts that reach 7 days past due, a late fee of EUR 25,00 will be added after 30 days. Accounts that are not collectable by 040 Web Hosting may be turned over to an outside collection agency for collection all costs will be added to your open invoice including the allready charged late fee. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.

If you dispute a charge to your credit card issuer that, in 040 Hosting sole discretion is a valid charge under the provisions of the TOS, you agree to pay 040 Web Hosting an "Administrative Fee" of EUR 50,00. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

040 Hosting does not offer free webhosting unless a special coupon is used provided by 040 Hosting and used within the validated period of the coupon.

Please note that a refund will not cover any domain names ordered or came with the plan, they will be deducted from your refund at a rate accepted when you did order your domain even if this is for more as 1 year.

You will be notified by e-mail to the address you signed up with for services of success or failure of payments.

Refunds will not be given to any order which violates this TOS.

Account Cancellation

Requests for cancelling accounts must be made in writing with at least 14 days notice before your billing date and sent to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it with cancellation reason, domain name, account's username and password. Or you may use the cancelation procedure in our support desk. 040 Hosting verifies the details sent and ensures that the Customer has no past due invoices, then we email back to the Customer asking for confirmation; Customer should pay all past due invoices, if any, respond and confirm account's cancellation. Customer's data will be removed from the Company's servers as soon as a confirmation email from the Customer is received and past due invoices paid, if any.

Contact information