Terms Of Service

By using idlehosting’s (“idlehosting”, “our”, “us” or “we”) products and services, you (“you”, “your”, “Client” or “Customer”) agree to comply with our policies. idlehosting reserves the right to cancel, suspend, or terminate any service provided with or without a refund or notice or warning for any reason. idlehosting also reserves the right to change and modify the Terms of Service at any time with or without client notification. It is up to the client to periodically check and familiarize himself or herself with the recent Terms of Service. If any client does not comply with the new Terms of Service modifications, his or her service will be terminated.

Acceptable Use Policy

By ordering our services, you agree to adhere to our Acceptable Usage Policy. Failure to do so will result in fees, suspensions, and possibly termination.

Support for Unmanaged services

Unless you purchased a service explicitly marked as managed, idlehosting services are unmanaged. idlehosting unmanged services are designed for web hosts, advanced Linux/Windows administrators, and experienced webmasters. In order to successfully manage our services, the client should be familiar with Linux/Windows operating systems, tools, and services. idlehosting provides basic tools needed to configure and maintain the client’s VPS. idlehosting also provides remote console access to our services which gives the client a way to access his or her VPS even with a broken configuration.

The client is responsible for managing his or her VPS. idlehosting staff is available for general support covering the areas below.

You may contact idlehosting for support regarding the following issues:

  • Network access or hardware issues. Please check your client area logs page before submitting a ticket.
  • VPS control panel. If you experience problems with any functionality, please open a ticket.
  • OS templates. If you notice any bugs with our OS templates, please open a support ticket.

This list may not be exhaustive, but it represents the general idea of our unmanaged hosting. Anything that we do not install and configure for the client is the client’s responsibility and is not covered by our support. We will not install or configure additional packages on a VPS that are not present in our default OS templates.

Please note that multiple replies to tickets will not ensure that you receive a faster response. We generally process tickets in the order in which they are received. We only offer support in English and require that it be used to communicate with our staff. We do not tolerate profanity or abusive language in any form of contact with us including, but not limited to, emails, our ticket system or our twitter. Such behavior will result in a warning, followed by suspension and/or termination if the warning is not heeded.

Service Payment, Refunds and Cancellation Guidelines

All payment invoices are generated 10 days before payment is due. Failure to pay by the due date will resort in late fees, suspended account, and, ultimately, terminated service. Late payments are subject to a 20 USD late fee. idlehosting reserves the right to terminate your service at any point after your invoice is overdue, and will not be responsible for any data loss due to termination.

If you do not pay for the first invoice of a new service within one day, we will assume that the service was accidentally ordered and we will remove it from our system. Please open a ticket with us if you think we will receive payment for it later than one day so we do not remove your order.

idlehosting offers a three day refund period for your first payment on your first VPS with us.

If the client creates a subscription to pay for his or her service(s) with idlehosting, the client is responsible for canceling that subscription when he or she no longer wants service with idlehosting. idlehosting will not be responsible for handling or refunding any transactions that take place after the client has cancelled his or her service with idlehosting in the event that the client fails to cancel the related subscription.

Payment Chargebacks and Billing Disputes

Raising a billing dispute with our payment processors or charging back a payment made to idlehosting will place the client’s account in bad standing. We reserve the right to immediately terminate all services without refund in such instances.

Other Disputes

Any threat of legal action against idlehosting will result in immediate account and service termination without refund.

Account Verification

All orders placed through our billing portal are passed through an automatic fraud check system. Although our services are typically set up instantly upon receipt of payment, we review each fraud score before accepting the order. If our fraud check system scores your order as dangerous, we may require submission of a government issued ID to allow continued use of our services. Failure to comply in a timely manner will result in suspension and/or termination without refund.

Privacy Policy

By using idlehosting’s (“idlehosting”, “our”, “us” or “we”) products and services, you (“you”, “your”, “Client” or “Customer”) agree to comply with our policies.

This Privacy Policy describes the information we collect from you, what we do with the information, and our information security practices. If you have any questions about our Privacy Policy, please contact us.

Information

When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone number, and e-mail address.

We may ask you to complete user surveys, and to provide certain demographic information, such as age, gender, special interests, etc. You do not have to provide this type of information to use our service if you do not want to.

If you contact us for customer support, we may also ask you for information about your account and services.

When you visit our website we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our website that you view. We may tie this information to personally identifiable information we have about you.

We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our website. See “What is a Cookie?” below.

If we send you an e-mail, we may include a marker that will allow us to identify e-mail that is opened and viewed.

Use of Personally Identifiable Information

We will use your personally identifiable information only as follows:

  • For payment purposes and to provide customer support.
  • For fraud checking, reporting, and other screening methods to verify information submitted to us.
  • To announce special offers or provide other information from time to time via e-mail. We may also send e-mail announcing special offers by our third parties, but we will not provide the third parties with your e-mail address or other personally identifiable information. If you do not wish to receive these e-mails, you may opt out of future e-mails at any time by following the instructions included in the e-mail.
  • To improve our service and the marketing of our service. For example, we may use the information we gather from user surveys, demographic data, and website visits to help us improve or target our website and customize your visit.

We will not provide any personally identifiable information about you to any other person other than:

  • A law enforcement or regulatory agency at their request
  • A person or company who acquires our business
  • Third parties who perform services on our behalf (such as payment processing), subject to the third party agreeing with us that it will keep your personally identifiable information confidential
  • As otherwise needed to protect or enforce the rights of others

We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists.

Use of Non-Personally Identifiable Information

We may share aggregate statistical data about our customers with third parties, such as advertisers or suppliers. This aggregate statistical data will not identify you personally.

What is a Cookie?

A “cookie” is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our web site so that we may customize your visit and allow you to log in.

Security of Your Information

We store your personally identifiable information and payment information in forms viewable by administration only. Your transfer of data to us occurs over a SSL connection so that all information is securely encrypted during the transfer.

Children’s Privacy

Our service is not available to children under the age of 13, and we will not intentionally maintain information about anyone under the age of 13.

Acceptable Usage Policy

By using idlehosting’s (“idlehosting”, “our”, “us” or “we”) products and services, you (“you”, “your”, “Client” or “Customer”) agree to comply with our policies. We expect you to have a basic knowledge of how the Internet functions, the types of uses that are generally acceptable, and the types of uses that are to be avoided. Common sense is the best guide as to what is considered acceptable use.

We expressly disclaim any liability for the data and content transmitted through or temporarily or permanently stored on our network or any server and for the actions of users or omission thereof.

Interpretation

The provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this AUP, are prohibited. We reserve the right at all times to prohibit activities that damage our or our affiliates’ commercial reputation and goodwill. We will be the sole and final arbiter as to what constitutes a violation of our policies.

Illegal Use

Our products and services may be used only for lawful purposes. Transmission of, distribution of, storage of, or linking to any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by US law.

IRC

Legal use of IRC is allowed on our network. IRC may not be used on our network when the intentions are malicious or illegal, e.g. for controlling a bot net or other illegal activity.

Security

Violations of our system or network security are prohibited, and may result in criminal and civil liability. Our servers and networks may not be used for:

  • Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers
  • Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information
  • Executing any form of network activity that will intercept data not intended for your server
  • Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks
  • Interfering with or denying service to any user, host, or network, such as a denial of service attack or distributed denial of service attack
  • Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information
  • Soliciting the performance of any illegal activity, even if the activity is not performed
  • Using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session

The preceding list is an example and not an exhaustive list of prohibited activity.

Spam

You may not:

  • Send unsolicited bulk messages over the Internet (spamming)
  • Create fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites (splogs)
  • Send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (spamming blogs)

All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003.

Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not “opted-in” to mailings from the user. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using an “opt-in” process or that has made their e-mail addresses available to a user for distribution of information. Users who send mass mailings or operate mailing lists must maintain complete and accurate records of all consents and opt-ins and provide such records to idlehosting upon its request. If a user cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the act to be unsolicited. Any user-maintained mailing list must also allow any party on the list to remove itself automatically and permanently. Other prohibited activities include, but not limited to, the following:

  • Use of our network for the receipt of replies to unsolicited mass e-mail
  • Forgery of e-mail headers (spoofing)
  • Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software
  • Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication
  • Hosting web pages advertised within “spam e-mail” sent from another network (spamvertising)
  • Hosting web pages or providing services that support spam
  • Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages
  • Instructing others in any activity prohibited by this AUP

If you or any user that is your customer use our products or services in a manner that causes us or our affiliates or customers to be “blacklisted” or blocked, we reserve the right to suspend permanently or terminate your idlehosting services. Operating our products or services on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at http://www.spamhaus.org shall constitute a violation of this AUP.

If, as a result of your actions, our mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, we shall charge you $250 upfront and $120 per hour thereafter for any necessary remedial actions.

Other Mail Sending

You may send regular amounts of email (less than 150 emails per day) in connection to your business from your VPS which is directly related to websites hosted on that VPS but you may not use an VPS to act as a mailing server for websites not hosted at idlehosting. For example allowed usage might be forum reply notifications, eCommerce purchase notifications, email back and forth between humans at your business and your clients, etc. Examples of disallowed sending would be any emailing in excess of 150 emails per day, or emails regarding a website or product that is not hosted at idlehosting. Email marketing services, email sending services, email list management services, and other mass mail service providers are strictly prohibited from operating any service, even unrelated services, on our network.

Hardware Resource Usage

Client agrees not to run any processes on his or her VPS which create a CPU load above .9 on the VPS for an extended period of time or which cause a high CPU load on the host node for an extended period of time. In other words, client agrees not to use the equivalent of a full core for him or herself for an extended period of time. Disruptive CPU usage may result in a reboot, shutdown, and/or suspension of the VPS regardless of the time lapse involved.

Network

Although we mitigate DDoS attacks, clients who are targeted with frequent and/or disruptive attacks will be suspended. In addition, we do not allow UDP floods or any other DoS/DDoS attacks to be sent from our network. Accounts sending floods and/or creating artificial traffic will be suspended and/or terminated.

If your VPS is found to be degrading the connection speed of other VPSs, you will be notified via ticket and asked to reduce your usage, or your connection speed will be throttled.

Strictly Forbidden Uses

The following are strictly forbidden uses and may result in immediate termination if discovered on your account:

  • TOR Exit Nodes
  • Public Proxies/VPNs (Private & Secured VPN/Proxy usage is allowed)
  • IP Spoofing/Artificial Traffic Creation
  • Fake/Replica Product Websites
  • HYIP Websites
  • Booter/stresser Websites

 

Consequences of Violations

When we become aware of a violation or an alleged violation of this AUP, we will initiate an investigation. During the investigation we may restrict Customer’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, we may, in our sole discretion, restrict, suspend, or terminate Customer’s account and/or pursue other civil remedies. If such violation is a criminal offense, we will notify the appropriate law enforcement department of such violation. We reserve the right to disclose information relating to you and your use of our products and services, if such information is disclosed in connection with an investigation or in order to prevent the death of or bodily harm to any individual, as determined by us in our sole discretion. We do not issue service credits for any product or service incurred through service disablement resulting from policy violations and we will not be in default for so disabling any such services. You shall be liable for all costs and expenses incurred by us resulting from an investigation of your prohibited use of our products and services.

You will cooperate and comply with any investigation regarding this AUP or the use of our products or services, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency.

We may enforce this AUP, with or without notice to you, by any action we deem reasonable, in our sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, we may:

  • Disable access to a your content that violates this AUP
  • Suspend or terminate your a access to our products and services
  • Block mail or any other network service
  • Effect IP address null routing (and also charge a monthly fee or one time fee for maintaining the null route)
  • Take legal action against you to enforce compliance with this AUP

Abuse fees of $95 per hour (minimum billing increment is 1 hour) may be billed to your account at idlehosting’s discretion for time spent handling any investigation or abuse reports. Abuse fees are due in full within 12 hours and must be paid before any suspended service may be reactivated, suspended services may also be charged a reactivation fee of $150. Failure to pay abuse fees by the due date or failure to respond to abuse tickets promptly may result in suspension or termination of all services within the account. Terminated services will not be reactivated. Before reactivating suspended services we may require prepayments for the next billing period and for any currently open invoice to be settled immediately.

Reporting Abuse

If you are aware of or believe that a violation of this AUP has occurred, please report the violation to us at [email protected]

Service Level Agreement Managed Service

The following SLA only applies to our "fully Managed VPS plans.

99% Network Uptime

idlehosting guarantees 99% network availability for our public Internet network. In the event that our network does not experience 99% network uptime in a given month, idlehosting will refund 5% of the customer's monthly service fees for those servers affected for each 2 hours of network downtime experienced up to 99% of the monthly service fees for those servers affected.

Terms

All SLA claims must be filed by opening a support ticket within 7 days of the incident. The support ticket must include all relevant information, including server name, IP address, full description of the incident, and any logs (if applicable). All SLA credits will be issued as service credits against future invoices.

Network downtime is measured from the time the network is 99% unreachable until connectivity has been restored. Any scheduled downtime or network maintenance will not apply towards this downtime calculation. The 99% network uptime guarantee does not apply to any software or services running on a client's server and/or account, nor to any hardware within a client's server.

Clients currently in areas for services do not qualify for SLA claims. Clients participating in malicious or aggressive activities, thereby causing attacks or counterattacks, do not qualify for SLA claims and shall be in violation of the AUP.

idlehosting.biz will proactively monitor service uptime, and these monitoring systems will be the sole arbitrator of system availability.

Effective Date

This Service Level Agreement is effective as of October 31, 2014.