Use of the HOSTKEY’s systems and services based in the Netherlands (hereinafter — the Services) is subject to the below Terms of Service the Netherlands (hereinafter — ToS NL) provisions. The use of the Service by Customer, therefore, constitutes acceptance of the ToS NL.
The ToS NL is designed to provide a clear understanding of the rules, regulations, and restrictions on the use of our Services based in the Netherlands.
Dutch Constitution respects freedom of speech. Consequently, we do not censor our Customers on the basis of content. It is Customer's obligation to ensure the accuracy, integrity, title or ownership and security of anything Customer posts/receives via Internet. The Customer is fully responsible for the content hosted on our servers or network.
Customer agrees to defend, indemnify, and hold harmless HOSTKEY, its employees, contractors, agents, affiliated companies, and suppliers from all liabilities, claims, and expenses, including attorneys' fees, which might arise from misuse of the Services by the Customer.
Every action that is performed through Customer’s Services is deemed to occur at Customer’s risk, liability, and obligations. If there is a suspicion of abuse, the Customer shall report it to HOSTKEY as soon as possible.
Customer shall not use the Services for actions that violate the laws of the Netherlands. The Customer is prohibited from posting or transmitting any unlawful material on or via the Internet.
The following violations are considered a breach of HOSTKEY’s Terms and conditions, ToS NL and will result in suspension or cancellation of the Services and any fees paid in advance of such suspension or cancellation are non-refundable.
The amount of abuse notifications can not exceed 3 per month. Client can register with us as a reseller, in which case the limit will be higher on the condition that we have a Telegram contact for a rapid reaction.
Clients can also use their own subnets and Internet connection, so that abuse notifications will be sent directly to them.
This includes, but is not limited to:
Terrorism or related activities, exhortations for mass riots, the implementation of extremist activities, participation in mass (public) events, conducted in violation of the established order, and the assistance or encouragement thereof.
Distribution of materials containing child pornography, and/or ads on the involvement of children, as performers in pornographic entertainment events, and information about children affected by crime.
Storage or distribution of materials in violation of applicable intellectual property rights; such materials include (but are not limited to) torrent files, magnet links, hash codes, and the like.
Distribution of materials on how to commit suicide, as well as exhortations for suicide.
The intentional infringement of a third party’s trademark.
The operation or control of botnets, viruses, Trojan horses or the like.
Transmission of unsolicited commercial electronic messages (“spam”).
Storage or distribution of content related to pyramid schemes, Ponzi schemes or multi-level marketing systems.
Failure to adhere to reasonable security standards and best practices, including (but not limited to) using outdated software and permitting insecure passwords.
Initiation or toleration of processes that can be reasonably assumed to be a nuisance to the general public and/or to have a detrimental effect on the systems used for hosting the Service, including without limitation the execution of denial-of-service attacks, port scanning or automated password cracking, or the mass sending of email.
Operation of any public file/images/video sharing service.
Posting of personal data without the permission of the owner.
Using the virtual and/or physical service as a public (commercial) proxy/VPN.
When using a Service, a Customer shall comply with the following technical requirements:
Any header modification is forbidden.
Sending traffic from IPs not assigned by HOSTKEY is forbidden.
Using any IP addresses other than those assigned to external interfaces is forbidden.
The maximum allowed PPS (Packets per Second) from a dedicated server is 20.000, from a VM (Virtual Machine) is 5000.
Live streaming and setting up of VPN servers is prohibited without securing HOSTKEY’s approval first.
The server on the 100 Mbps or 1000 Mbps port cannot use more than 70% of the allocated bandwidth for more than 3 hours a day
Active DHCP services on external Ethernet interfaces are forbidden.
Multicast on external interfaces is forbidden.
Port scanning is forbidden.
The amount of MAC addresses cannot exceed the amount of assigned IPs.
IP spoofing as well as any other falsification of identification data used in network protocols, when transferring data to the Internet, is forbidden.
Customers are strictly forbidden to update BIOS and other firmware on the servers.
Customers are forbidden to change IPMI/BIOS settings.
Customers are not allowed to set a password for BIOS or BIOS booting.
Manual restoration works on rectifying issues caused by breaching points 1-3 are charged at the rate of Eur 100 per hour in 15-minute intervals. Such works are performed as soon as possible during business hours (CET / CEST).
Any downtime that occurred as a result of violating points 1-3 will not be compensated
When using a VPS, a Customer shall comply with the following technical requirements:
Processes should not use 99% of the CPU core for more than 15 minutes in succession.
Mining, transcoding and other similar CPU overloading processes and applications are not allowed in a public cloud. We do not offer technical assistance with issues resulting from such use of our services.
VM should not work under the conditions of low memory and constantly use host swap cache.
The maximum number of simultaneous processes for a container is 100.
The number of disk operations should not exceed 1000 IOPS (Input/Output Operations per Second) over a period of 30 minutes.
Disk I/O load cannot be more than 1.4 Mb over 30 seconds in 5 minutes.
The customer is required to provide HOSTKEY with accurate information during the course of the Services and when corresponding with HOSTKEY. It is Customer’s obligation to maintain and enforce these provisions, to maintain its own email addresses for reports and to promptly and appropriately respond to all emails sent to these addresses. HOSTKEY bears no responsibility or liability for interruption of Service, or damages of any sort, based on communications that was misdirected as a result of Customer's failure to provide HOSTKEY with updated contact information.
In the event HOSTKEY deems that there are possible infringements, damages or other dangers to the operation of its systems or network or third parties and/or Services provided via the Internet, in particular, the leakage of personal data or virus activity, Trojans and similar software, the HOSTKEY will immediately notify the Customer about such incident by email or other means of communication. HOSTKEY does its outmost to prevent such dangers or their materialization. HOSTKEY makes every effort to ensure that any temporary implemented measures will not have a detrimental impact and/or will not change the provision of the Services.
In connection to the use of the Services, a Customer shall adopt and apply an abuse handling procedure, which is compliant with the HOSTKEY’s complaint procedure, with the law that applies to the Terms and Condition and with the laws and regulations of the Netherlands. HOSTKEY, in its sole discretion, will determine what action shall be taken in response to a violation of this ToS NL on a case-by-case basis. Any services takedown notice that is not processed via HOSTKEY’s compliance procedure will be discarded.
ToS NL is governed and interpreted in accordance with the laws and regulations of the Netherlands. All possible disputes arising from the relations governed by ToS NL shall be resolved in accordance with the procedure established by the current legislation of the Netherlands, according to the norms of Dutch law.
ToS NL is not exhaustive. HOSTKEY reserves the right to modify the TOS NL at any time. Such modifications shall become immediately effective upon posting of the modified the ToS NL and will be communicated electronically to Customer. The continued use of the Services after a modification has been communicated constitutes Customer’s acceptance of the ToS NL.
HOSTKEY reserves all rights not expressly granted herein.