This agreement (“Agreement”) between Capitan Hosting, (“Capitan Hosting”) and Customer governs the provision of Capitan Hosting’s web hosting and related services (the “Services”). This Agreement is effective once Customer signs up for Services through the Capitan Hosting website.

By signing up, each customer agrees to comply with the terms of service listed below.

Account activation

We provide instant account activation for our shared and reseller web hosting plans. VPS servers are activated within 2 hours in most cases, however, at times we may need up to 24 hours to activate the service. Dedicated servers are activated within 2-4 hours if we have the requested hardware in stock. If you require a custom setup we may need more time to deliver it from our vendor.

Any account may take more time to be activated if it fails the initial verification. In that case, we will contact you with details and steps to complete the verification process.

Payments

You agree to pay for the Services on time and in advance for the billing cycle Services are provided for. Invoices are generated 7 days before the renew date of the Services. Capitan Hosting provides 7 days grace period after the renew date. If the invoice is not paid within the 7 days grace period Capitan Hosting will temporarily suspend services until the invoice is paid in full. Capitan Hosting will terminate Services not paid in full 7 days after the Services have been suspended.

If you want your account to be re-activated after it has been terminated for non-payment you will need to pay all renewal invoices since the suspension and a one-time $30 reactivation fee. We will restore your data from backups but you will need to re-create manually any MySQL usernames and privileges for each of your accounts. Such reactivation is only possible when we still keep a backup of your data on our backup servers.

US Dollar (USD) is the base currency and all accounts using Philippine Peso (PHP) currency will be regularly updated and prices may decrease/increase depending on USD-PHP exchange rate.

Invoices that have been paid more than once because of multiple PayPal subscriptions or multiple manual payments, cannot be refunded. The overpaid amount will be added as a credit to your account which can be used to pay for future invoices.

*** Any and all email reminders are a complimentary service offered free of charge to each client. All clients have a duty to regularly check their billing account frequently, at least once per month prior to the billing date.

Contact information

Customer agrees to keep his contact information and e-mail on file up to date at all times. We will use the e-mail on file to send notifications about generated invoices, due invoices, Services suspension, Services termination, new Services provisioned and any other related information. Capitan Hosting recommends using an external e-mail address so that the Customer can receive messages in case there are problems with the Services.

Cancellation

Cancellation requests need to be placed via the client dashboard by clicking on My services, then on Manage and then on the Request cancellation button. Cancellation request by Opening a Ticket will also be entertained. Cancellation requests sent via e-mail will not be considered legitimate and you will still be billed for the Services until a legitimate cancellation request is placed. Cancellation requests may take up to 7 days to be completed.

Responsibility

The customer is responsible for the content uploaded to his account. The customer is responsible for the actions of his customers using accounts within our servers and network. In case Capitan Hosting’s terms of service are violated, Capitan Hosting will suspend the account violating the terms and will notify the Customer via the e-mail on file.

Capitan Hosting will not be held responsible for any harm or damage caused by the use of our services. Customer agrees to use the Service at his own risk.

30-day money back guarantee

You can request a refund if you place a cancellation request within 30 days of your first order. A refund cannot be requested for services ordered more than 30 days of your sign up date.

Requests for a refund on your second/additional order requires justification and are subject to review. Cancellation request shall be made within 10 days and Capitan Hosting reserved the rights not to grant such request. Refund will only be added as fund to your account, which you can use for paying other invoices.

The 30-day money back guarantee doesn’t cover VPS and dedicated servers, Dedicated IP, domain name registrations, SSL certificates, software licenses, custom software installs and add-on services.

If the money-back guarantee period has expired for your service, you are not eligible for a refund.

Capitan Hosting only sends a refund to PayPal, if PayPal was used during order checkout.

Violation of the Terms of Service will automatically waive the refund policy.

Specials/Promos

New and existing customers may order new shared and reseller hosting services and get discounts using existing promo code. We do not allow websites already hosted on our servers to be moved to plans ordered with this special.

Content and prohibited actions

Customer agrees to use the Services for lawful purposes only. Capitan Hosting prohibits the following content on our servers and network.

Anything related to IRC
Proxy Scripts
Anything related to torrents
Starting background processes on shared servers
Warez, hacking tools, exploits
Porn websites
Download oriented websites
Sites promoting illegal activities
IP Scanners
Selling/distribution or any related illegal activities related to prohibited drugs
Selling/distribution of drugs/medicine which requires doctor’s prescription
Hacker focused sites

Users are prohibited to participate in file-sharing/peer-to-peer activities, run gaming servers, and cron entries with intervals of less than 30 mins.

Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.

Customer agrees not to use our shared (Budget, Unlimited, Cloud) nor reseller hosting space as a storage for backups or files which are not related to the functionality of the hosted website. Such content may be removed without prior warning.

The customer is responsible for keeping their accounts up to date and securing at all times. Directories must be chmod to 711 and configuration files with passwords must be chmod to 600. Scripts, plugins, modules need to be kept up to date at all times. A strong password must be used.

USER CONTENT

We do not edit or alter any content, web pages included, for clients; we only offer hosting service. Clients are welcome to use any third-party software to edit their content, which they can then upload to Cpanel. We do not alter site’s content due to security purposes, as we like to keep client’s accounts private and secure.

Communication with us

Capitan Hosting communicates with their clients politely and with respect. The same is expected from our clients. If a customer is rude and insults anyone from our staff members then we will warn the customer to be polite and communicate with us properly. If he does it again after he has been warned, a fee of $100 will be generated and all his services disabled until the fee is paid in full.

Capitan Hosting will not renew the services of a customer who has insulted our staff members after he has been warned via e-mail.

Backups

Capitan Hosting keeps a backup of all files and databases. Capitan Hosting keeps daily for all plans.

Customer agrees to use Capitan Hosting’s backups at his own risk. Capitan Hosting doesn’t guarantee the existence of backups at all times and recommends the Customer to store copies of their own backups at all times.

Account migrations

Capitan Hosting does free transfers of accounts you want to be moved to our servers from providers which use cPanel. We do not guarantee the quality of such transfers and you must verify if your account was moved correctly before you change the nameservers. If something is wrong with the account after the move and it wasn’t moved correctly it is your responsibility to fix it. In 99% of the transfers, there are no problems but we do not guarantee that. We do transfers just because of courtesy to our clients.

IP address allocation

Capitan Hosting requires justification in order to assign a dedicated IP to the Customer. Valid justification is SSL installation or installation of a service that requires listening on a separate IP address.

Zero tolerance SPAM policy

We have a zero tolerance against SPAM. Accounts used to send SPAM will be suspended immediately. If the SPAM sending is repeated the account will be removed from our server. We do not allow bulk mailing from our shared servers. Capitan Hosting offers a separate service if you need to send thousands of e-mails.

Purchased mail lists, opt-in lists will be considered SPAM.

Capitan Hosting reserves the right to charge a clean-up fee the Customer who sent the unsolicited e-mail which caused the IP of our server to be blacklisted for sending SPAM.

Resource usage

Any account on the servers  cannot use more than allowed plan’s CPU & Memory resources, you will be notified to take the necessary actions if the usage exceeds the resource limit. If the account keeps the server unstable, we will suspend the overloading account so that it doesn’t affect the other clients on the server. BUDGET WEB HOSTING & UNLIMITED PLANS had an allocation of half-core and 384MB RAM.

Budget Cloud hosting CPU & Memory Limit

BC1 – 1 core – 384MB
BC2 – 1 core – 512MB
BC3 – 1 core – 758MB
BC4 – 1 core – 1GB
BC5 – 1 core – 1.25GB

Customers may not utilize more than allowed inodes (please see below) per cPanel account under Shared & Reseller Hosting. Each file or a directory is counted as one inode. If you require using more than allowed inodes, you should upgrade to VPS or dedicated server.

Budget Cloud hosting Inode Limits

BC1 – 150,000
BC2 – 200,000
BC3 – 250,000
BC4 – 300,,000
BC5 – 350,000

UNLIMITED Hosting Inode Limit

Unli-1 – 50,000
Unli-2 – 100,000
Unli-3 – 150,000

Customer agrees not to use the shared hosting service (Budget Cloud, Unlimited) to send bulk e-mail. Mailing lists are allowed and the customer can send e-mail messages as per our hourly mail limits however those messages cannot be sent 24/7. If you need to send more than 5,000 emails per month the shared hosting service will not be sufficient. A VPS or a dedicated server will be required for that.

For Unlimited Hosting, clients agree that no email account should utilize more than 500MB disk space.

Budget Hosting Email Sending Limits per hour

BC1 – 200
BC2 – 300
BC3 – 400
BC4 – 500
BC5 – 600

Unlimited Hosting Email Sending Limits per hour

Unli-1 – 100
Unli-2 – 150
Unli-3 – 200

Changes to the terms

Capitan Hosting reserves the right to make changes to the terms at any time without notification. Customer agrees to visit the terms of service regularly for updates.