Terms of Service

The use of services from Tsuki Hosting [hereafter referred to as "Tsuki Hosting"] constitutes agreement to these terms. You may view our Privacy Policy here.

1a.) Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account or the rejection of your order. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

1b.) Transfers

Our transfers team will make every effort to help you move your site to us; however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

 

Transition Period

 

We will assist you for free in transferring your account from your old provider(s) for up to 60 days from the date your account was registered. After 60 days a fee starting at $10 per account or site to be moved may apply, at our discretion.

 

When transferring from a provider that is not cPanel powered or does not allow access to full cPanel backups, a transfer fee of $25 may apply for a single account or site. Multiple domains configured in an external server may, in some situations, be considered multiple accounts for transfer.

 

Reseller Transfers

 

We will transfer up to 25 cPanel accounts per reseller account for free within the first 60 days of service. For standard cPanel account transfers after 60 days or for accounts beyond the initial 25 within the first 60 days may be assessed a $10 fee per cPanel account. Custom control panel transfers start at $25 per site to be transferred.

2a.) Account Content

All services provided by Tsuki Hosting may only be used for lawful purposes. The laws of the State of Indiana and the United States of America apply.

 

The customer agrees to indemnify and hold harmless Tsuki Hosting from any claims resulting from the use of our services.

 

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@tsukihosting.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

 

Examples of prohibited material on all Shared, Reseller, Semi-Dedicated, VPS, and Dedicated Servers include:

IRC Bots, proxy scripts / anonymizers, pirated software / nulled software / warez, public image dumps (similar to PhotoBucket), public file dumps (similar to RapidShare), RapidLeech, game servers, commercial banner ad services, commercial audio streaming (more than one or two streams), escrow, high-yield interest programs(HYIP) or related sites, investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, bank debentures, bank debenture trading programs, prime banks programs, lottery sites, muds / RPGs, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities, IP scanners, brute force programs, mail bombers, spam scripts, and forums that distribute and/or link to warez content.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

 

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 24 hours.

 

If in doubt regarding the acceptability of your site or service, please contact us at abuse@tsukihosting.com and we will be happy to assist you.

 

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

 

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

 

Direct customers: Your services will be terminated with or without notice.

 

Violations will be reported to the appropriate law enforcement agency.

 

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

2b.) Account Security

The security of your support and billing system, cPanel, WHM, FTP, and SSH credentials are your responsibility. You are required to maintain a strong and secure password for these services and that you do not share these credentials with any other services (i.e. not using the same password for your email as well as your cPanel account). We recommend your password be no fewer than 8 characters, include at least one of each of the following: an upper case letter, lower case letter, a number, and a symbol. We also strongly suggest rotating your password at least once every 3 months.

 

You are expected to use a secure form of FTP to connect to our servers such as FTPES (FTP Explicit over SSL) or sFTP (Secure FTP). Standard FTP is insecure and transmits your username and password in plain-text which should be avoided. Standard FTP is only available for legacy application requirements.

 

All software must be kept up to date, including scripts, plugins, and themes, or otherwise be secured against unauthorized intrusion or hacking. In the event that we are made aware of an account that has been compromised or hacked, we may immediately suspend the service pending a full investigation.

3a.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read this for our generalized mail policy.

 

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

 

Tsuki Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

 

Tsuki Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail an investigation and clean-up fee at the rate of $75 per administrative hour rounded up to the nearest hour.

3b.) Zero Tolerance Phishing Policy

Any account found to be hosting a phishing page will be suspended and/or terminated with or without notice at our discretion. Phishing is defined as any site that masquerades as another trustworthy site in attempts to acquire sensitivie information such as usernames, passwords, credit card information, banking information, pin numbers, or any other personal information.

 

Phishing pages result in stolen identities, stolen banking information, stolen credit card information, and fraud that can cause the victims of these pages weeks, months, years, or even a lifetime of problems. Due to the serious issues that phishing pages cause, phishing is not something that is taken lightely. In the event that your account is suspended for phishing there is a very good chance that your account will not be re-enabled.

 

Any account suspended or terminated due to a phishing policy violation will be ineligible for refund. We may bill you, at our discretion, an additional hourly fee of $75 per hour rounded up to the nearest hour spent investigating any report that results in account suspension or termination.

4.) Payment Information

You agree to supply appropriate payment for the services received from Tsuki Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify Tsuki Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

 

Cancellations must be done in writing via the cancellation form provided in the client dashboard. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

 

As a client of Tsuki Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Tsuki Hosting provides a 2 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 2 days and not paid will result account suspension until the account balance has been paid in full. Invoices are assessed a late fee of 10% or $5, whichever is greater, when they become 7 days past due. Any account that is overdue for 14 days and has not paid will be automatically terminated.

 

Invoices that have been paid more than once are automatically added as credit towards the account and will not be refunded. If you require assistance with this provision, please contact billing@tsukihosting.com.

 

Tsuki Hosting reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of the service is at your sole risk. Tsuki Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Tsuki Hosting servers. While Tsuki Hosting does maintain backups of your files and/or data on our Shared, Reseller, and VPS platforms we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account larger than 5 gigabytes may, at our discretion, be excluded from our backup systems with or without notice. All cPanel backup files, backup-*.tar.gz and cpmove-*.tar.gz, older than 72 hours will be removed from the server automatically and we suggest downloading said backups to an off-server location. Dedicated Server services are not backed up by Tsuki Hosting.

6.) Cancellations and Refunds

Cancellations must be submitted via our Billing and Support system at http://clients.tsukihosting.com/. Cancellations requested via e-mail will not be honored and directions will be provided to submit a cancellation via our Billing and Support system. Dedicated server cancellations must be submitted at least 10 days prior to your renewal date. Tsuki Hosting reserves the right to cancel any account at any time with or without notice. After 15 days a prorated refund may be given at Tsuki Hosting's discretion for accounts in good standing. Any prorated refunds will be calculated less any promotions or discounts applied to the term being prorated.

 

There are no refunds for lifetime plans, design services, whmcs integrations, domain registrations, cPanel Licenses, or LiteSpeed Licenses. VPS cPanel Licenses included with VPS services are valued at $10 per month.

 

Any abuse of our staff in any medium or format will result in the suspension or termination of your services without refund.

 

Customers may cancel at any time via the cancellation form in your client dashboard. Tsuki Hosting gives you an unconditional 15 day money back guarantee on managed shared, semi-dedicated, and reseller solutions. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

 

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

 

Violations of these Terms of Service will waive the refund policy and no refund will be granted.

7a.) Resource Usage

Users may not:

» Use 25% or more of system resources for longer then 120 seconds. Possible activities that cause include: CGI scripts, FTP, PHP, HTTP, MySQL, etc.
» Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
» Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
» Run any software that interfaces with an IRC (Internet Relay Chat) network.
» Operate any sort of chat box, shout box, or other chat platform that is hosted directly from our servers.
» Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
» Participate in any file-sharing/peer-to-peer activities.
» Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
» Run cron entries with intervals of less than 5 minutes without prior written approval.

 

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php").

 

When executing a local script via cron, execute it locally via "php -q ~/public_html/the-script-name.php > /dev/null" and not via "wget". If "wget" is absolutely required, append "-O /dev/null" to the end of the cron.

7b.) Backup Generation - Shared, Reseller, and Semi-Dedicated

The backup process which packages and compresses your account can be very resource intensive and as such all backup processes should be performed during off-peak times as defined in section 7c of this document. Any backup process found to be causing performance issues for others on the server due to backup generation during peak time periods can be disabled and, at our discretion, the account suspended until the account holder contacts our support department. Reseller accounts may not generate a backup for more than a single account at a time.

7c.) Backup Generation - Off-Peak Times

Off-peak times which are acceptable for backup generation are defined as:

Monday through Friday from 10 PM to 7 AM (EDT).

Saturday at 10 PM to Monday at 7 AM (EDT).

 

Off-peak times which are NOT acceptable for backup generation.

We perform automatic daily backups of every server, every night, and our backups in conjuction with user-started backups can cause performance degradation. The following times are the scheduled backup start times and each lasts for approximately two hours. During these times we ask that you please refrain from conducting full cPanel backups.

 

All Servers: 10:30 PM to 12:30 AM (EDT)

7d.) IPv4 Addresses (IP Addresses) - Shared, Reseller, and Semi-Dedicated Services

Tsuki Hosting does not recognize or condone the usage of Dedicated IP addresses in a shared, reseller, or semi-dedicated environment for any purpose other than SSL as required by the SSL Protocol. Any site located on a Dedicated IP without an active SSL certificate can, at our discretion and without warning, be moved to a shared IP address of our choosing.

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. You will be billed for bandwidth usage beyond your allocated amount at the rate of $0.20 per gigabyte. Unused transfer in one month cannot be carried over to the next month or refunded.

9a.) Money Back Guarantee

On virtual private servers, dedicated servers, colocation, lifetime plans, and design services no full refund will be honored -- the 15 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

 

Each of Tsuki Hosting's managed shared, reseller, and semi-dedicated servers carry a 15 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 15 days of your service, you will be given a full refund of the contract amount. Remember, this is only for shared, reseller, and semi-dedicated packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Any domain name registered for free is valued at $14.95 and will not be refunded.

9b.) Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Tsuki Hosting dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact billing@Tsuki Hosting.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared, reseller, and semi-dedicated solutions.

9c.) Network Availability Guarantee

Our Dedicated Servers and Virtual Private Servers are covered by a network uptime guarantee in which credit is given prorated for the amount of time the network is down. The network availability guarantee only applies to Dedicated Servers and Virtual Private Servers as our Shared, Reseller, and Semi-Dedicated offerings are covered by our Uptime Guarantee.

10.) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Tsuki Hosting does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Tsuki Hosting will hold any reseller responsible for any of their clients actions that violate the law or these terms of service.

11.) Shared (non-reseller accounts) / Semi-dedicated Servers

Shared and semi-dedicated accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account, virtual private server, or dedicated server.

12.) Dedicated Servers

Tsuki Hosting reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter and internal company policies. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Tsuki Hosting reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@Tsuki Hosting.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13.) Price Change

The amount you pay for hosting will never increase from the date of purchase without prior notice. We reserve the right to change prices listed on Tsuki Hosting.com, and the right to increase the amount of resources given to plans at any time.

14a.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Tsuki Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Tsuki 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Tsuki Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tsuki Hosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Tsuki Hosting's server.

14b.) Limited Liability

Under no circumstances, including negligence, shall Tsuki Hosting, its offices, agents or any one else involved in creating, producing or distributing Tsuki Hosting services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Tsuki Hosting services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Tsuki Hosting's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Tsuki Hosting's servers.

14c.) Arbitration

By using any Tsuki Hosting services, you agree to binding arbitration. If any disputes or claims arise against Tsuki Hosting or its subsidiaries, such disputes will be handled by an arbitrator of Tsuki Hosting's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

15.) Disclaimer

Tsuki Hosting shall not be responsible for any damages your business may suffer. Tsuki Hosting makes no warranties of any kind, expressed or implied for services we provide. Tsuki Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Tsuki Hosting and its employees.

16.) Disclosure to law enforcement

Tsuki Hosting may disclose any subscriber information and files, databases, access logs, and other account data to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

17.) Addendum Terms and Agreements

By agreeing to these terms of service you agree to have read and understood not only this document, but our support scope, and our mailing policy documentation and agreements.

18.) Severability

If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

19.) Changes to the Terms of Service

Tsuki Hosting reserves the right to revise its policies at any time without notice.

Tsuki Hosting
Quick Contact
  • Sales: sales@tsukihosting.com
  • Help: support@tsukihosting.com