Use of HOSTKEY’s systems and services based in the United States (hereinafter — the Services) is subject to the below Terms of Service USA. (hereinafter — ToS US) provisions. The use of the Service by Customer, therefore, constitutes acceptance of the ToS US.
The ToS US is designed to provide a clear understanding of the rules, regulations, and restrictions on the use of our Services based in the Unites States.
HOSTKEY complies with the laws and regulations of the United States and does not have control over the way the service is being used.
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.
It is Customer’s obligation to ensure the accuracy, integrity, title or ownership, and security of anything Customer posts/receives via Internet. Customer agrees that HOSTKEY has no liability, for the content a Customer accesses on the Internet.
Every action that is performed through Customer’s Services is deemed to occur at the 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 United States laws and regulations.
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 US and will result in suspension or cancellation of the Service 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:
The operation or control of botnets, viruses, Trojan horses or the like.
Storage or distribution of content related to fraud, misleading trade practices, pyramid schemes, Ponzi schemes or multi-level marketing systems.
Distribution of materials containing child pornography, rape and otherwise illegal content.
Transmission of unsolicited commercial electronic messages (“spam”).
Terrorism or related activities, or the assistance or encouragement thereof.
The intentional infringement of a third party’s trademark, or intellectual property rights.
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 have a detrimental effect on the systems used for hosting the Services, including without limitation the execution of denial-of-service attacks, port scanning, automated password cracking or the mass email sending.
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.
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 compliant procedure, with the law that applies to the Terms and Condition and with the laws and regulations of the United States of America. HOSTKEY, in its sole discretion, will determine what action shall be taken in response to a violation of this ToS US on a case-by-case basis. Any services takedown notice that is not processed via HOSTKEY’s compliance procedure will be discarded.
No failure or delay in enforcing any right or exercising any remedy hereunder shall operate as a waiver thereof.
In the case of any legal action, a customer agrees that New York, USA will be the governing jurisdiction, unless this jurisdiction is not allowed by law. Applicable laws that must be followed when using the Services include the current legislation of the USA. Due to the fact that HOSTKEY B.V. is established in the Netherlands and part of its server fleet is located in New York, laws from either or both countries may apply, depending on the particular situation.
ToS US is not exhaustive. HOSTKEY reserves the right to modify the ToS US at any time. Such modifications shall become immediately effective upon posting of the modified ToS US 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 US.