TotaliHost Terms of Services were last modified on November 30, 2022.

The following Terms of Services, together with any Additional Terms and Policies (collectively “ToS”, ”Terms”, “Agreement”), form the entire legal agreement between you and TotaliHost in relation to your use of our website (https://www.TotaliHost.com, all its subdomains, additional top-level domains, and mobile apps) and any products, services, and information provided by TotaliHost (“we”,”us”,”our”). 

Prior to purchasing a service from us, you need to ensure and declare that you have read, understood and agreed to our Terms of Service (Terms of Use) by checking the corresponding required checkbox.

The following list contains our Additional Terms and Policies attached and considered collectively with this General Terms of Service agreement: 

• Service Agreement
• Website Terms of Use
• Resource Utilization Agreement
• Third-party Services
• Extra Services Terms of Service
• Domain Registration Terms of Service
• Copyright and DMCA Terms
• Cancellations and Refunds
• Promotions
• Cookie Policy
• Privacy Policy

This Agreement supersedes and replaces any other agreements with respect to the subject matter hereof. All such other agreements will have no further force or effect. 

These terms and conditions are valid for any type of user and customer from any country.

Prohibited Clients (Countries, Regions, Entities, and Individuals)

Service purchases, client account creation, support service, affiliate service, chat services are not provided to prohibited clients. Such clients are defined as an entity related to some countries, regions, or individuals that are prohibited by certain governments and their trade, law or economic sanctions.

Unless otherwise provided with explicit written permission, TotaliHost also does not register and prohibits the use of any of our services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country/Region.

Failure to comply with our Terms, Conditions or Policies

In case any of the mentioned in this document Terms, Conditions or Policies are violated, TotaliHost reserves the right to temporarily or permanently suspend the client’s web hosting account or Client Area access. Furthermore, if such violation is detected, TotaliHost reserves the right to permanently remove any Web Hosting account permanently combined with or without suspension of the client’s Client Area access.

In case disallowed content is hosted on any of the websites in the TotaliHost global network, we reserve the right to suspend access to the website without any prior notice.

Definition of Terms you can expect in our Terms of Service

The following terms can be found when reading our Terms of Service, additional agreements and policies and our website:

1. “us”, “we”, “our”, “TotaliHost”, “TotaliHost” or “the Company” are used instead of TotaliHost – the owner of this Website and the offered in it services.
2. “visitor” – is a person or a robot that is browsing our website while not being registered as an official “customer” of our services.
3. “Member”, “Customer” – a person who has registered on our website, respectively is using or used our “service”.
4. “User” – Collective term used to describe a visitor to our website or a member of our services.
5. “Service” – functionality, web hosting product or an additional service that is serving the purpose of the Web Hosting technology.
6. “Content” – The term can be used to describe a static resource such as, but not limited to text, information, graphics, audio, video, and any form of data.

Service Level Agreement

The following Service Level Agreement (also called ToS or simply Agreement) apply to all services provided by TotaliHost to customers (clients, users). With the purchase of every Web Hosting or Additional service offered by TotaliHost you specifically agree to these Terms of Service.

Account Eligibility

All services provided by TotaliHost are intended for users over eighteen (18) years old. By purchasing a service from us you declare you are eighteen (18) years old or older, otherwise it is considered as unauthorized use and is a violation of our Terms. 

If our services are used on behalf of another party, you represent and warrant that you have the authorization to bind the party to our TOS. If we determine that you do not have the legal authority to represent the party you will be held liable according to our TOS. 

You agree and warrant you will provide accurate, current, and complete information (including name (company name), address, phone number, email address, and billing information) required on the order form during the service purchase. 

Acceptable Use Policy

You acknowledge and agree that TotaliHost services may only be used for lawful purposes. You need to ensure compliance with applicable laws, rules, and regulations of your use of our services. We reserve our right to disable any materials violating our Terms.  

The following types of content are considered as prohibited and you shall not use TotaliHost services to store or publish such (including links to third-party services):

• Sensitive personal information
• Content infringing intellectual property
• Pirate software, Warez, Torrent trackers, etc. 
• Phishing and malicious content (Viruses, Trojan horses, worms, etc.)
•  Pornography and adult related content 
• Distribution of controlled substances, drugs, and prescription medications 
• Encouraging violence, terrorism, hatred for particular social, ethnical or religious groups

Following types of activities are considered as prohibited and you shall not use TotaliHost services for such purposes (including links to third-party services):

• Bulk, Spamming and Mail spoofing activities
• Denial of service attacks and port scans
• Audio and video streaming
• Anonymous proxy server
• Crypto pools, mining scripts, etc. 
• Hacking/cracking related activities

Order Processing 

Your personal information collected during the registration process will be used for your account creation and will be considered as ownership details for all service under the account. You agree and authorize us to use and provide your personal information to third parties to ensure compliance and validate your billing information in order to finalize your order. 

All orders submitted at TotaliHost are subject to Security Scans. If an order triggers any of our security rules it will be manually revised by our Order Verification team, the invoice will be canceled and no payment will be applied. In such a case, you will be notified by an email and we may ask for additional information in order to activate the requested service. We are not obligated to provide service nor additional information for the reason of failure to pass our verification process. 

After successful payment, the service subject of your order is considered active. TotaliHost provides instant account activation for services promoted as such. Services, such as, but not limited to Virtual Private Servers and Dedicated Servers, that require manual interaction and/or custom setup will be handled in a timely manner. Service is considered available only after you receive written confirmation sent from TotaliHost.

Payments

It is your responsibility to ensure that you pay all fees for the service set forth in your order. All fees must be paid in advance for the entire billing term selected in your order. We are not bound to provide any services until we receive your payment.

TotaliHost services are set on automatic renewal in order to prevent any possible interruptions.

You agree that you will be billed on an automatically recurring basis for successive periods of equal duration unless you cancel the service or disable the auto-renewal option. Renewal invoices will be generated 14 days in advance and the charge attempt to the payment method on file will be attempted 7 days before the due date.

If the payment fails we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your service. TotaliHost will make a few courtesies attempts to notify you of your service renewal  – prior to the service renewal; on the due date; in an event of payment failure.

TotaliHost will not be held responsible for any losses (including files, databases, emails, domain names) that result from suspension or termination due to payment failure.

Late payments:

• Shared Hosting – Shared hosting accounts will be given an additional 48 hours grace period after the service expiration date and will be suspended afterward. Shared accounts overdue for more than 30 days will be terminated and all data will be permanently deleted from our servers. 
• Virtual Private Servers – Virtual Private Servers will be given an additional 24 hours grace period after service expiration date and will be suspended afterward. Virtual Private server overdue for more than 4 days will be terminated and all data will be permanently deleted. 
• Dedicated Servers – Dedicated Servers will be given an additional 24 hours grace period after service expiration date and will be suspended afterward. Dedicated server overdue for more than 4 days will be terminated and all data will be permanently deleted. 
• Domain names – Domain names are due on their exact expiration date and will be put on hold immediately after it. Due to the nature of domain names, we cannot provide any extended grace period. However, the renewal will be possible on higher renewal prices depending on the period the domain is in after its expiration.

If you believe there is any incorrect charge processed by TotaliHost you need to immediately contact our team. If you initiate a chargeback, we may suspend your service until the dispute is resolved and all outstanding fees are covered. A chargeback fee of $25.00 may or may not be applied. 

Fraudulent use of credit cards and other payment methods is a violation against our Terms. We may report such fraudulent uses.

Price formation and Renewal of services

To better understand the pricing we offer, we would like to define two sets of terms:

• “Sign Up Price”, “Initial Price”, “Promotional Price” and “First Payment Amount” – These terms are used when referring to the payment of the invoice for the initial term of the purchased Web Hosting Service.
• “Renewal”, “Renewal Cost”, “Standard Price”, “Regular Price” – These terms are used when referring to the value of any additional invoice for the renewal of Web Hosting Service after the initially pre-paid term has passed.

By accepting our Terms of Service, our customers agree that any Initial Price applies only for the first paid invoice for any purchased Web Hosting Service.

Every subsequent invoice is usually for the regular price of the purchased product (which is always shown on our product pages) meaning that it may or may not be equal to the price of the First paid invoice.

To form the prices of our services we are taking into an account the following price forming variables:

• Infrastructure Costs
• Cost of human labor in the countries TotaliHost operates
• Price of any Third-Party Services related directly or indirectly to the Web Hosting Services we offer

TotaliHost reserves the right to change the prices of the Web Hosting Products or services as well as their respectful renewal and setup fees with or without reason related to the price forming factors.

Resource Utilization

The customer agrees that the hardware resources such as but not limited to Disk Space, CPU power and RAM should be utilized only for the sole purpose of the Web Hosting Service. The limitations of these hardware resources can be placed either by the law, TotaliHost Terms of Service or the resource capacity specifications listed on the Web Hosting Products pages of our website. 

It is a customer’s responsibility to maintain the healthy state of their Web Hosting Services with TotaliHost so any negative resource usage footprint on global level affecting others can be avoided or reduced to a reasonable value.

Technical Support Service

The term Technical Support Service refers to any technical assistance or answers received as a result of a query submitted to our Technical Support Fleet. TotaliHost provides free Technical Support service as a complimentary service to all our Web Hosting packages.

The Technical Support Service is an additional free of charge service, that is not included as a service in any of the Web Hosting Services offered by TotaliHost. Any assistance provided through the Technical Support Service is considered as an act of good fate in the future business relationship with our customers. Our Technical Support fleet will try to assist as further as possible with any technical or non-technical related matter to the best of our knowledge and expertise. The only boundary our Technical Support Service knows is if the issue submitted by the customer is not related directly to the Web Hosting Service we offer.

In case of an issue reaching a state in which our Technical Support Fleet cannot assist any further we are obligated to provide our customers with:

• Detailed information on the experienced issue and if known, its cause.
• A detailed report on the reasons why we are unable to assist any further.
• A detailed report of the applied fixes or any findings results of the performed investigation of the experienced issue.

Any additional fees applied by our Technical Support Fleet can be applied in one or multiple of the following scenarios:

• A technical issue related to any third-party product or service.
• A technical issue requiring an excessive amount of time for its resolution.
• A technical issue that require the assistance of a Developer or the so-called Development related issues.
• An excessive amount of support requests submitted by the customer.

The customer agrees that by submitting a case to our Technical Support Crew, they fully authorize the intervention, operation and management of the Technical Support Crew on the entire customer’s web hosting account including but not limited to Client Area, cPanel and any related domains/services that TotaliHost poses or received by the customer access to.

We will do our best to fit the timeframe for any case resolution expected by the customer, however, we are not obligated to achieve case resolution nor any particular outcome or result.

TotaliHost reserves the right to refuse Technical Support Service to our customers only after specifically specifying the reason behind that outcome.

The customers agree that any Technical Support Service listed on our website or mentioned anywhere may not be successful and the submitted issue might remain unresolved. Furthermore, the customer agrees that the Technical Support Service might not be provided at all in case the support request/issue is not financially, technically or physically in the capabilities of TotaliHost.

Service Uptime, General Availability, and Compensations

TotaliHost will use full effort to make the offered Web Hosting Service available with an uptime guarantee of 99.9% of the time. In case we are unable to achieve the promised uptime our customers are eligible to receive credit depending on the amount of violated uptime on a monthly basis.

The credit serves as compensation and can only be used for future service renewals, purchases of new or upgrades of already existing services. The credit cannot be used outside the scope of the Web Hosting Services provided by TotaliHost. The credit is not sent to the customer’s bank account, PayPal account or any other payment method used when purchasing the service. The credit is listed in the Client Area provided by TotaliHost.

The Public Network availability that we guarantee is 100% excluding the time needed for scheduled or unscheduled maintenance of the network, its hardware components or any software used by the same. In case the 100% availability is not achieved TotaliHost will provide 10% of the monthly service cost for each hour of downtime up to 100% of the monthly fee for the affected service or 10 hours of downtime.

TotaliHost guarantees that every website hosted on our network will be available 99.9% of the time in a given month excluding the cases when scheduled or unscheduled maintenance is ongoing. In case we are unable to meet that commitment our customers will be compensated with 10% of the monthly cost for the affected service for an hour of downtime up to 100% or 10 hours.

The calculation of Network and Website availability is based on TotaliHost internal records for the uptime of our services. We will not accept any third-party reports as possible evidence for downtime making the client entitled to compensation.

Service Exemption

TotaliHost does not hold any liability in case any of the offered Web Hosting Service is unavailable due to factors not related to the company, caused by any third-party services used as part of any Web Hosting Service that we offer or any planned by the company maintenance windows. In case there is such downtime:

• The associated period of service unavailability shall not be considered as Service Downtime.
• The customer is not entitled to receiving compensation in the form of credits.

Typically such outages are caused by:

• A scheduled or planned Maintenance on the infrastructure used by TotaliHost, provided that TotaliHost has informed the customer for such procedure at least 2 days prior to the Maintenance date.
• Factors outside TotaliHost’s reasonable control.
• Violation of our Terms of Service.
• Force majeure events, including but not limited to acts of war, acts of God, natural disaster, pandemic, utility outages, denial of service attacks, failure of communication lines and/or the Internet, and the occurrence of vulnerabilities or exploits which could not have been avoided with commercially reasonable care.
• Downtime during the upgrade of your Cloud SSD VPS or Dedicated Server.
• Downtime caused due to reached Resource Capabilities of your Web Hosting Service.

Scheduled or Unscheduled Maintenance Windows

Complex technologies require constant maintenance to be up to date with their latest security and performance patches. TotaliHost may perform scheduled or unscheduled maintenance depending on the state of our Web Hosting infrastructure. The maintenance may include but it is not limited to:

• Hardware repairs such as component replacements, upgrade of servers and general server infrastructure maintenance.
• Software updates such as web service security and performance patches, control panel updates, operating system updates, and general service replacements.

Such procedures will be handled in a timely manner in order for the impact on the customers’ websites can be minimal.

Additional Services and Third-Party provided Services

The Web Hosting services we offer may or may not include third-party software or service bundled as part of the offered Web Hosting Package. Typically such services are used to improve the overall Web Hosting experience for our customers or to add additional functionality, feature, and security or performance improvement.

Upon purchasing a Web Hosting Service with us the customer agrees that the purchased Web Hosting Service may or may not include or be a part of a third party provided service or software that is not maintained by TotaliHost.

The customer agrees that TotaliHost cannot be held responsible for any service interruptions caused by such software. TotaliHost cannot guarantee the health, development and general availability of such services.

Promotions

The customer acknowledges that every Web Hosting Service that we offer may be a subject or additional Terms of Service and policies related to ongoing promotions related to the same Web Hosting Service.

The customer has the right to request and be presented with full information on the Promotional Terms of Service for any of the Web Hosting services we offer if the same is under ongoing promotion. The information can be requested via TotaliHost LiveChat service or via the TotaliHost ticketing system.

TotaliHost reserves the right to update, change or completely delete any ongoing promotions, their Terms of Service or any related information on our website.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TotaliHost, ITS DIRECTORS, EMPLOYEES OR AGENTS BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY TYPE AND NATURE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR LOSS OF REVENUE, COST SAVINGS, BUSINES,ANY LOSS OF DATA OR CORRUPTION OF DATA, RESULTING FROM YOUR USE OF OUR SERVICES OR ANY FAILURE, DELAYS, MALFUNCTIONS, SUSPENSION, NETWORK FAILURE, SERVER FAILURE, SOFTWARE OR HARDWARE FAILURE, OR THE NEGLIGENCE OF TotaliHost. THE PRECEDING LIMITATIONS SHALL APPLY EVEN IF HOSTARAMA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL TotaliHost BE LIABLE TO YOU WITH RESPECT TO THIS AGREEMENT OR UNDER ANY OTHER AGREEMENT FOR AN AMOUNT GREATER THAN THE FEES PAID FOR OUR SERVICE(S)  DURING THE TWELVE (12) MONTHS PERIOD  PRIOR TO THE INITIAL ACTION GIVING RISE TO SUCH LIABILITY.  THIS IS AN AGGREGATE LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE ABOVE LIMITATION WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND YOUR RIGHTS WILL NOT BE AFFECTED. 

Backup Service

TotaliHost will run regular backups on the best effort basis for data stored on Shared and WordPress Hosting Services. We will do our best to ensure accurate backups are stored on separate independent storage array for further data protection and recovery options. 

Data stored on Virtual Private and Dedicated Servers will not be backup by TotaliHost unless you subscribe for VPS/DS backup service. VPS/DS backup service provides a separated independent storage array with the same capacity as of your server space. In case the available space is exceeded additional backup creations will fail. 

We are obligated to store at least one full account backup copy. 

The customer acknowledges and agrees it is their sole responsibility to keep independent backup copies apart of those maintained by TotaliHost. Our backup services are provided “as-is” and the company will not be held liable for any possible damaged and data loss as a result of backup copy corruption. 

Free Migration Policy 

We do offer free website migration included in our Shared and WordPress hosting accounts, Virtual Private and Dedicated servers. The number of free migrations included in the particular hosting package is as listed on our main webpage. In case additional migration is required, migration fee will be provided on fixed pricing.  

Free website migration includes website files, MySQL databases, and email data only, domain name transfer is not included as part of the website migration service but it may or may not be provided to certain web hosting plans with concrete Billing Cycle with at least 1 year.

It is your responsibility to configure your DNS records after the migration completion in order for your domain name to be pointed to your web hosting service with TotaliHost. For that purpose, we may assist in case the domain name is under the control of TotaliHost. 

By requesting migration from TotaliHost the client authorize us with access to their previous hosting provider. We cannot guarantee successful website migration in circumstances outside of our control, including, but not limited to restrictions placed by the client’s current provider, data saved in incompatible format and other limitations. 

Termination of Service by TotaliHost 

TotaliHost may terminate this Agreement or suspend your service without prior notice and refund in an event that: (i) you fail to pay fees due; (iI) your use of our services violates to our ToS; (iiI) your or your users’ actions are harmful to TotaliHost or others or; (iv) any other lawful reason. 

Apart from the above-mentioned reasons TotaliHost may also terminate this Agreement with seven (7) days’ notice if the service(s) become impractical or unfeasible for any technical, legal, regulatory or any other reason. In such a case, customers will be provided with a backup copy of all their data.

Indemnification

You agree to indemnify and hold harmless TotaliHost, its directors, officers, affiliate, employees, agents, and any third parties against and from any claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against TotaliHost arising in connection to (i) your use of our services, (ii) any breach or violation by you of our ToS; or (iii) any acts or omissions by you. The terms in this section shall survive the termination of this Agreement.

Change of ToS

TotaliHost reserve the right to change our Terms at any time. If we decide to change our Terms, we will post the updated Terms and indicate the date of revision. If we decide to make material changes we will notify you here, by email, or by means of a notice on our website. All new or revised Terms take effect immediately, except the material changes. If you do not agree to the changes applied to our Terms you shall suspend your service(s) with us. Your continued use of our website and services indicates that you have read, understood, and agreed to our Terms.

Website Terms of Service

The Website Terms of Service (Terms and Conditions) are provided to the visitors (“you”, “users”, “clients”) of https://www.totalihost.com (“the website”, “our website”, “Product and Service”)by TotaliHost (“we”, “us”, “the company”, “TotaliHost”). Please carefully read the Website Terms of Service before continue browsing our website. The access to https://www.TotaliHost.com (our subdomains, top-level domains, mobile apps) is based on your unconditional agreement and full compliance with our Website Terms of Service.

Upon visiting and browsing our website every visitor is accepting the boundaries, rules, limitations and legal consequences resulting from the Website Terms of Service.

Products, Services, Purchases

On our website https://www.TotaliHost.com, the visitors may browse information and potentially purchase Web Hosting Services or other affiliated products. Upon purchasing a product and before becoming our customer, they will be asked to supply information such as but not limited to:

• Personal Information – Name, Address, Email.
• Billing Information – Address, Credit Card Details, Credit Card expiration.

By submitting this information the customer agrees and warrant that:

1. They have the legal right to poses and use any credit card or other related payment methods.
2. The provided information is true, correct and complete.

Additionally, by providing this information to TotaliHost the customer fully agrees that the information may or may not be provided to any affiliated with our service third parties for the purpose of completing the purchase process.

TotaliHost reserve the right to completely deny, cancel, suspend the submitted order(s) for reasons including but not limited to:

• General Service Availability.
• Incorrect, incomplete or missing product or related pricing.
• Errors in the order.
• Other reasons specifically described in our Cancellation and Refunds terms.

In case TotaliHost evaluates the product order as Fraudulent or an unauthorized, illegal transaction, we reserve the right to deny, cancel, and suspend the order.

General Availability, Website Errors, and Information Inaccuracy

The information on our website https://www.TotaliHost.com is constantly updated. As part of the offered products and services may have misplaced, incorrect or unavailable. TotaliHost may experience delays in updating the information on our website including but not limited to advertisements, marketing emails and other informative or promotional materials on our or other affiliated websites.

TotaliHost cannot guarantee the accuracy, completeness and general availability of any information including but not limited to prices, product descriptions, images, and product or service specifications. TotaliHost reserves the right to update, completely change and remove any piece of information, errors, prices and other related contents.

TotaliHost cannot be held legally responsible for any issues, loss of assets, technical or non-technical problems that might be a result of such information inaccuracy or complete absence of such.

Promotions

As part of every online Business, Promotions may be presented to our customers. Along with any ongoing promotions our customers are obligated to read, understand and comply with the specific Terms of Use for the ongoing promotion.

TotaliHost is obligated to provide Terms and Conditions text related to any ongoing Promotion so the same can be available prior to product purchases. If the promotional Terms and Conditions text is conflicting with these Terms and Conditions the promotional Terms and Conditions will apply.

User Accounts

Upon purchasing a Product or Service on our website https://www.TotaliHost.com our clients will have to create a User Account. The same is used for the complete management of the purchased Products or Service and cannot be utilized for any other purposes.

During the User Account creation process, our clients will be asked to provide us with a certain piece of information. The customer agrees and acknowledges that the provided information is accurate, complete and current at any given time. Failure to comply with this term is considered as a breach of these Terms of Service and this act may result in a delay in Product or Service activation, inconsistent Product or Service provisioning or even a complete termination of the User Account.

Every User Account is created with a password. The customer agrees and acknowledges the responsibility of safeguarding the User Account password. The customer agrees that disclosing the User Account password to any third party is an act of violation of our Terms of Service.

In the case of the User Account password being breached and unauthorized actions take place, the user must inform TotaliHost immediately upon becoming aware.

Every user account is created with a username. The customer agrees and acknowledges that the specified username cannot be:

• The name of another person or entity not lawfully available for use.
• Name or trademark that is a subject of copyrights belonging to other persons or entities.
• Offensive, vulgar or obscene.

Intellectual Property

The website https://www.TotaliHost.com, its content, functionality, features, and optimizations are and will be the exclusive property of TotaliHost. The website is protected by copyright, trademark and other laws of both the United States, European Union, and foreign countries. Our trademark and any materials under copyright may not be utilized by any other than TotaliHost product, service, website or documentation without the written consent of TotaliHost.

Website Linking

The website https://www.TotaliHost.com may or may not include links to web services belonging to any third parties or entities beyond the control of TotaliHost.

TotaliHost does not control and has no legal responsibility for the content, privacy policies or other legal or illegal practices of any third-party web site or web service linked from our website.

The customer agrees that TotaliHost should not be held responsible or legally liable for any damage, revenue loss or service issues caused by or in connection to the provided links, content, products or services on our website.

It is the customer’s responsibility to read, agree and acknowledge any Terms of Service, conditions, rules or legal texts related to any third party service found on our website in the form of a link.

Company Protection

The customer agrees with the responsibility to defend and hold harmless TotaliHost, its licensors, their employees, contractors, agents, officers and directors from any claims, damages, obligations, losses, liabilities, cost or debt and expenses caused by:

• Customer’s use and access to our website.
• Breach of these Terms of Service.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TOTALIHOST, ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, AFFILIATES OR AGENTS BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY TYPE AND NATURE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR LOSS OF REVENUE, COST SAVINGS, BUSINES,ANY LOSS OF DATA OR CORRUPTION OF DATA, RESULTING FROM YOUR USE OF OUR SERVICES OR ANY FAILURE, DELAYS, MALFUNCTIONS, SUSPENSION, NETWORK FAILURE, SERVER FAILURE, SOFTWARE OR HARDWARE FAILURE, OR THE NEGLIGENCE OF TOTALIHOST.

THE PRECEDING LIMITATIONS SHALL APPLY EVEN IF HOSTARAMA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL TOTALIHOST BE LIABLE TO YOU WITH RESPECT TO THIS AGREEMENT OR UNDER ANY OTHER AGREEMENT FOR AN AMOUNT GREATER THAN THE FEES PAID FOR OUR SERVICE(S) DURING THE TWELVE (12) MONTHS PERIOD PRIOR TO THE INITIAL ACTION GIVING RISE TO SUCH LIABILITY.  THIS IS AN AGGREGATE LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE ABOVE LIMITATION WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND YOUR RIGHTS WILL NOT BE AFFECTED. 

Website Warranty

The customer agrees that the usage of our website is at their sole risk. Our Website is provided without any warranties where express or implied.

TotaliHost, its subsidiaries, affiliates, and its licensors do not warrant that:

1. Our website will function uninterrupted, secure or available in any particular time or location.
2. Any errors or content will be corrected.
3. Our website is free of viruses or harmful software.
4. The customer will achieve any goals or expectations they may have prior purchasing any of the offered Products and Services.

Exclusion for Limitation of Liability

Some countries or jurisdictions are not allowing for certain warranties or for the limitation of liability to be excluded. The limitations, terms, and conditions described in our Website Terms of Service may not apply to these entities.

Website Payments

Clients can pay for the offered products and services on our website using the offered payment methods. TotaliHost supports the following payment methods:

• PayPal Payments on behalf of TotaliHost
• Credit card payments processed by Braintree Payment on behalf of TotaliHost

TotaliHost does not store any credit card information apart of payment token and the last 4 digits of a Credit Card used for payments submission. All Credit Cards are instead stored on secure and compliant locations with our payment processor represented by Braintree Payment. For any further information on the stored Credit Cards, our customers may contact them directly.

Website Changes

TotaliHost reserve the right to modify or completely replace the current Website Terms of Service at any given point in time. If the revision is affecting a large variety of subjects in our Website Terms of Service, we may or may not inform our customers with 30 days prior notice.

The customer agrees that by continuing to access our website after any changes to the Website Terms of Service take effect they agree to the revised terms. If the customer does not agree with any or even one of the newly revised terms they should discontinue visiting our website.

Resource Usage

By purchasing a Web Hosting Product or Service our customers are receiving exclusive access to our Web Hosting Network of servers thanks to a unit called Web Hosting Account. Some of the Products and Services that TotaliHost offer are putting multiple customers’ Web Hosting account(s) on the same physical or virtual machine (typically Shared Hosting type of service).

By purchasing our services and upon agreeing with our Terms Of Service prior to the purchase, the customer agrees and acknowledges that it is their sole responsibility to utilize and distribute the provided by the Web Hosting Service hardware resources.

Every Web Hosting package poses a complete list of the hardware limitations it has. Exceeding these limitations or utilizing those on 100% for an extended period of time will be considered as a violation of our Resource Usage policy due to the negative impact such behavior has over the other customers sharing the same physical server.

Resource Availability

By design, our Shared Web Hosting plans do not provide Dedicated Resources. As Dedicated Resource our customers should consider any portion of the Server’s hardware Resources specific for the used Web Hosting plan and defined prior to the purchase of the Web Hosting plan on the Product pages of our website. A hardware resource is a whole or part of physical computer components such as but not limited to CPU, RAM and Disk Space.

The VPS (Virtual Private Server) type of services provides dedicated resources to our customers by design. However, due to the official technical specification of that Service, the hardware resource of the physical server(s) are shared among the created VPS containers. Therefore, the VPS service is still competing with other VPS services hosted on the same hardware server or cloud.

The Dedicated Servers are a type of service that 100% provide dedicated resources such as RAM, CPU and Disk space to the clients. Due to the nature of the service, our customers may expect full and unconditional access to the hardware resources of the server at each point in time.  

The customer agrees that the usage of our Web Hosting Plans should not exceed the assigned quotas for resources like RAM, CPU and Disk Space. Further information, limits, and restrictions of the service can be found below in this document.

CPU & RAM Usage

Resources such as CPU and RAM are the main workforce of a typical Web Hosting Server. As such it is of extreme importance TotaliHost to maintain these resources in quantity and quality suitable for all customers utilizing our services.

The CPU resources is mattered on % base while the RAM resources are mattered in standard metrics for the size of digital files (MB, GB, TB, etc.).  The metrics are provided for our customers in the cPanel control panel service that is supplied with each Web Hosting Package we offer. In case of unavailability for resource usage statistics, our customers can request a complete breakdown of the used resources for a certain period of time.

The customer agrees and acknowledges that for our Shared Web Hosting products the resource utilization cannot exceed the values specified as limits for the Web Hosting plan prior purchase. Furthermore, a Shared Web Hosting account is limited to use all the provided resources for not more than 80% of any given hour.

The customer is responsible for the maintenance of the resource usage of their web hosting accounts in such a manner that the used resources will not affect other customers situated on the same server or the overall health of the Shared Web Hosting environment.

VPS and Dedicated Servers customers are not limited in the usage of the resources assigned for their service. The only limitation is the one listed on our product pages and available for review prior purchase.

Disk Space Usage

Each Web Hosting plan is limited in the amount of disk space it can use. The allocation of disk space to the Web Hosting Services and the representation of that information for each Web Hosting Package prior to purchase is the sole responsibility of TotaliHost.

TotaliHost reserves the right to update, change or completely remove the Disk Space resource information from the offered Web Hosting packages.

The customer acknowledges that the Disk Space resource is provided only for the purpose of the Web Hosting service. The Disk Space resource provided by TotaliHost must be used only for hosting purposes meaning to make certain data available over the World Wide Web and not to be used with storage purposes.

The customer acknowledges that the storage of the following files is prohibited by the Resource Usage Terms of Service Agreement:

• Large count or size of uncompressed digital images.
• Large count or size of Audio/Video files.
• Backups of any type for resources located or not on the Web Hosting Account.

TotaliHost reserves the right to remove, modify or temporarily suspend resources involved in a violation of the Resource Usage Terms of Service agreement.

The customer agrees and acknowledges that they cannot utilize a larger amount of Disk space than similarly situated customers. Failure of compliance with this term will cause degradation of the global performance of the server respectively affecting:

• The other customers located on the same server.
• The regularity and consistency of the provided backup service.
• The global I/O operations on the server.

As an Inode TotaliHost will define a data structure on the file system used to keep information about a file or a folder. The number of Inodes indicates the number of files and folders an account has.

Bandwidth Usage

TotaliHost defines the term Bandwidth Usage as the amount of data transferred between our server and the visitors of our clients’ websites or the size of files transmitted over the HTTP or FTP protocols. The Bandwidth is metered in MB (Megabyte), GB (Gigabyte) and the rest of the standard measurements of digital assets’ size.

The customers acknowledge that the terms “unmetered” and “unlimited” are used to define the amount of Bandwidth usage that is not constant. The amount of Bandwidth considered in compliance with our Resource Usage Terms of Service is defined by the industry standards or the average bandwidth usage of other customers hosted on the same web hosting server.

For services with fixed bandwidth defined on their product pages on our websites, the Bandwidth usage cannot exceed the specified number. Additional Bandwidth for such services is available as a separate additional purchase.

Mail Usage

TotaliHost provides email service as a complimentary service to all our Web Hosting Plans. Meaning that the service in no case main sale point for any of our Web Hosting Packages. As such the Mail Service is limited in order for a sustainable web hosting environment to be maintained across all our Products. The limitations are as follows:

• Email Accounts Disk Space – Each Web Hosting account can create a certain or unlimited amount of email accounts on per domain/subdomain basis. Under no circumstances, the Email account disk space quota should exceed 500 MB on our Shared Web Hosting plans. For our VPS or Dedicated Servers web hosting products, there is no limitation.
• Emails Sent Per Hour – Each Email account is limited in the number of emails that can be sent per hour no matter if the emails are deferred or delivered successfully. The total amount of emails sent per hour should not exceed 400 emails for our Shared Web Hosting plans. For our VPS or Dedicated Servers web hosting products, such limitation does not apply.
• Simultaneous IMAP/POP3 connections – To check the emails via a local email client or a mobile device a single connection is initiated per email account per user. The simultaneous checking of email accounts by multiple users no matter for one or multiple email accounts will spawn multiple simultaneously executed processes. Our Shared Hosting customers are limited to use up to 10 simultaneous connections at any given point of time. Our VPS and Dedicated Server customers are not under such limitations.
• Bulk Emails – We do allow the sending of emails in bulk as long as the amount of sent emails does not exceed the limit per hour for the utilized web hosting service.
• Spam Emails – TotaliHost does not allow the sending of spam messages on all our Web Hosting Services.
• Marketing Emails/Newsletter – TotaliHost does not allow the sending of Marketing related emails, Newsletters or bulk emails with advertising purposes.

TotaliHost utilizes certain policies against email-related violations of our Resource Usage Terms of Service. What our customers may expect in case their web hosting account violates any of the aforementioned Email limitations is a temporary suspension of the email service only for the email account that is violating. Meaning that the email service for the Web Hosting Account will remain active. Any emails sent to and from suspended email accounts will be deferred, thus reaching their recipient will be impossible.

TotaliHost reserves the right to take more drastic measures in case the User Account is being breached or in case defaced websites are used as a source of spam emails. Typically we may or may not suspend the entire web hosting account depending on the severity of the Email violation.

MySQL Database Usage

The type of hardware components we have picked for our Web Hosting Services allows for the placement of the MySQL service on high-speed, industry-standard, native SSD drives for optimal database performance and reduced query execution time.

The customer agrees that all databases utilized on a Shared Web Hosting account are subject to limitations due to the technical specification of the provided service. The limits TotaliHost applies for the databases on our Shared Web Hosting plans are as it follows:

• A database cannot exceed the size of 300 MB or any other limit specified for the Web Hosting Product on our product pages available prior to purchase.
• Every query should be executed for less than 1 second else it will be considered as Slow Query. Slow queries per database cannot exceed 1% of all the slow logged queries for the entire server.

Our VPS and Dedicated Servers customers are no subject of these limitations since any violations on the aforementioned resource limits will affect no other customers.

Third-Party Services

The following Third-Party Terms of Service agreement apply to any additionally added services apart from the Web Hosting Service we offer but integrated into the same. By purchasing any of the Web Hosting Packages that we offer the customer agrees that all of the offered by TotaliHost services may or may not include additional or included Third-Party services with the sole purpose of:

• Improving the already offered service.
• Improving the user experience.
• Adding additional functionalities.
• Adding Security improvements.
• Adding Performance improvements.

By utilizing the Web Hosting service after successful purchase on our website, the customer acknowledges and agrees with the usage of any Third-Party services bundled into the purchased Web Hosting Package.

TotaliHost reserves the right to add new, update already existing or completely remove any Third-Party services without any prior notice.

TotaliHost reserves the right to change the pricing and apply additional price for any bundled or additionally added Third-Party services without any prior notice.

The customer agrees with the usage of the following list of additional Third-Party services provided with our Web Hosting packages:

1. cPanel/WHM – The most powerful Web Hosting control panel is on our customer disposal free of charge or on a fixed price rate determinate by TotaliHost. cPanel is a Linux based Graphical user interface used for easy management of Web Hosting accounts and related services.
2. CloudLinux – Linux distribution, created for shared hosting providers. Provided by CloudLinux Inc. the operating system is based on another Linux distribution – CentOS.
3. JetBackup – Additionally added functionality to the cPanel/WHM services used to graphically represent the backup/restore processes for our customers’ accounts.
4. Softaculous – Additionally added functionality to cPanel/WHM that allows the customers to easily install web scripts on their web hosting accounts with few clicks. The service supports more than 450 web scripts with different and useful functionalities.
5. SitePad – Additionally added functionality to cPanel/WHM that provides the option to easily build a website either using one of the suggested design themes or by building the website based on customer’s design needs. The service provides a drag-and-drop web builder that can be used to easily order the web elements of a web page.
6. SpamExperts – Additionally added functionality to cPanel/WHM and to the Email service in particular. It is used to scan and filter all the inbound or outbound emails for spam, viruses or malicious links.

TotaliHost reserves the right to update the Third-Party Terms of Service as we see fit without any prior notice.

Domain Name Terms of Service

TotaliHost Domain Name Agreement was last modified on July 13, 2021. 

This Domain Name Agreement (“Agreement”) is between any person or entity (“you”, “your”, “Registrant”), who is registering a domain name through or transferring a domain name to TotaliHost (“we”, “us”, or “our”), and us (“Registrar”) acting as reseller for our Accredited Registrar.  This Agreement sets the terms and conditions of your use of TotaliHost’s Domain Name services, your obligations to us and our obligations to you. By agreeing to our Terms and Conditions set forth in this Agreement, you are also agreeing to the rules and regulations set forth by the respective Registry or Registrar of record, and ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP).

ICANN Policy:

https://www.icann.org/resources/pages/responsibilities-2014-03-14-en

Domain name registration

TotaliHost offers Domain Name Registration service. The customer can apply for a domain name registration through TotaliHost Domain Portal or directly via the Client Dashboard (“Client Area”).

The customer acknowledges and agrees that even if a domain name is indicated as available at the time of the purchase TotaliHost cannot guarantee that the requested domain name will be registered. We hold no responsibility and have no authority in an event of domain registration being refused by the Registrar.

Domain name purchased through TotaliHost will be deemed active when the respective registry accepts the customer’s application and activates the domain name registration. The customer will receive an email confirmation from us once the domain name is successfully registered.

The customer agrees it is their sole responsibility to investigate and ensure the domain name does not infringe upon legal rights and will not be used for malicious or unlawful purposes.

Any domain name registered through TotaliHost will be under customer’s ownership, meaning that the customer will act as the registrant, administrative contact, and technical contact.

If a domain name is registered with any third-party or entity personal details, the customer agrees that the person or organization used for the registration is aware and agrees with our Domain Name Terms of Service.

All domain name registrations are permanent for the term of registration and cannot be further modified. Prior to submitting a domain registration order, it is customer’s responsibility to ensure for no any errors and typos.

Registrant Information

As part of the registration process, the customer is required to provide us with certain current, complete and accurate information. In addition to customer’s billing information, we are required by ICANN and/or the Registrar of record to collect from our customers the following Domain Registrant Information:

• Registrant Name
• Registrant Organization (where applicable)
• Registrant Address
• Registrant Email
• Registrant Fax (where applicable)
• Registrant Phone number
• Administrative Contact
• Administrative Contact Organization (where applicable)
• Administrative Contact Address
• Administrative Contact Email
• Administrative Contact Fax (where applicable)
• Administrative Contact Telephone Number
• Technical Contact
• Technical Contact Organization (where applicable)
• Technical Contact Address
• Technical Contact Email
• Technical Contact Fax (where applicable)
• Technical Contact Telephone Number

The customer agrees and acknowledges that TotaliHost will provide the above-mentioned details to ICANN, our Accredited Registrar and other third parties as required by ICANN and applicable laws.

The customer further acknowledges and agrees that TotaliHost may make publicly available, some or all of the domain name registration information they provide, for purposes of inspection (such as through Whois databases) or other purposes as required and permitted by ICANN and applicable laws.

WHOIS records contain mandatory information. This includes the name of the registrar, created date, updated date, and expiration date of the domain name, the name servers of the domain, the registrant, admin, and technical contacts – a name, organization (if applicable), address, phone number, and email address.

In case the European Union’s General Data Protection Regulation 2016/679 (“GDPR”) applies to you (all entities and individuals based in the EU), your Registrant, Admin, and Technical contact information will not be publicly displayed in the WHOIS records. Limited registrant data will be kept publicly available, with only accredited parties (such as law enforcement, members of the security community, and intellectual property lawyers) having access to the full data set.

Although the customer’s personal data will not be publicly disclosed TotaliHost will transmit it to our Accredited Registrar who will process it in accordance with Art. 6, para. 1, b. “B” of the GDPR.

Domain Name Transfer

The act of changing the Registrars for an already registered domain name is defined as Domain Name Transfer. The customer is able to transfer a domain name registration/s to and from TotaliHost when the transfer is not prohibited by ICANN or Registry policies.

Domain name transfer is possible only if the TLD (“top-level domain”, “domain extension”) is supported by the TotaliHost registration authority. The customer agrees to fill the required information for a domain transfer accurately and they are directly responsible in case the provided information is incorrect, inconsistent or not allowed.

TotaliHost will charge the customer respectful price for Domain Name transfer request. The price may or may not be equal to the price of the domain name registration for the same domain name extension. The transfer fee is not refundable since once initiated a domain transfer request cannot be terminated.

By completing TotaliHost transfer request application the customer confirms they are the Domain Name Owner, or you are authorized by the Domain Name Owner to initiate a transfer. The transfer will be successfully initiated upon approval from the Administrative contact. The transfer will be accepted or rejected by the Losing (Current) Registrar within 7 days. In an event of unsuccessful domain transfer, the customer will be updated with an email notification containing the reason for the failure and steps necessary to be taken to finalize the transfer. 

In case the customer transfers a domain away from TotaliHost they shall:

• Disable the Registrar lock.
• Ensure no Domain Privacy (ID Protect) service is enabled.
• Request domain’s EPP key (authorization code) from TotaliHost Client Dashboard or by contacting our support/sales teams. 

Domain registration/transfer and renewal fees are non-refundable. In an event of immediate Product cancellation and refund request domain fee will be withheld.  As the owner of the domain name, the customer can continue using their domain with HostArmara or transfer it to another Third-Party provider. 

Free Domain Names

TotaliHost may or may not offer free domain name registration or transfer included in the Web Hosting packages purchased for Billing Cycle not shorter than 1 year.

The customer agrees that not all supported domain name extensions can be registered for free. TotaliHost reserves the right to update, change or completely remove domain extensions from the list of supported free domain name extensions. TotaliHost may provide a complete list of the supported free domain name extensions as part of the Domain Portal on our website or directly on the domain registration/transfer forms.

Free domain name registration/transfer can be requested by the time a Web Hosting Product is being purchased or not later than 7 days after the purchase of Web Hosting Package is completed.  

By applying for Free Domain registration the customer acknowledges and agrees the domain name will be registered under their ownership and their personal information provided under the Client account will be used as the registrant, admin, and technical contact details.

By applying for Free Domain transfer the customer acknowledges and agrees it is their responsibility to ensure the domain name is in ‘OK’ for transfer status and meets all requirements for a successful domain name transfer.

TotaliHost will not be held responsible for a transfer failure in the event the domain name does not apply to the transfer rules, has false or inconsistent information being submitted upon request or is owned by another user.

Free domain name registered or transferred for a period of one year under the terms of any ongoing promotion will be registered or renewed for free for a period not longer than 1 year. After that period the customer can preserve the domain name after successful payment of the renewal fee for the domain name.

Fees

Upon using TotaliHost Domain Name services the customer agrees to pay TotaliHost initial registration, transfer, or renewal fees.

TotaliHost will attempt to automatically renew any domain name on its due date if

authorized by the customer. We are not responsible for any unsuccessful domain renewals due to the failure of payment. It is the customer’s responsibility to ensure that the renewal invoice for the associated with TotaliHost domain names will be paid or the default payment method will be sufficient for the automatic Domain Name Renewal.

If the customer’s domain name registered with TotaliHost had expired and it is in the Redemption Period (which may vary depending on the TLD and Domain Registrar) and the customer wishes to recover it, they will need to cover the according to Redemption Fee. Domain Redemption Fee recovers the domain name but does not include the registration fee of the domain which will need to be covered as well. If the domain name is not recovered during the redemption period, it will be released for registration to the general public after the redemption period completes. The Redemption fee is equal to $199 USD or the equivalent in any other supported currency by TotaliHost.

TotaliHost shall not be held responsible in case a domain name enters in the Redemption Period due to failed automated renewal for the same. It is the customer’s responsibility to ensure that their domain name(s) will be properly renewed.

Domain Name Cancellation or Deletion

A domain name can be canceled or deleted upon a customer’s request. 

If the registered domain name with TotaliHost is canceled or deleted within the Active period of the domain lifecycle, the owner of the domain ( the customer ) may or may be charged an additional domain deletion fee. The fee depends on the domain extension and the period the domain remained registered for. 

If the canceled/deleted domain name is registered for free as part of any promotional offer, the deletion/cancelation of the same within the Active period of the domain lifecycle is considered as paid service and can be subject to an additional fee depending on the domain extension and the period the domain remained registered for. 

Change of Ownership

The customers are permitted to update their registration data and transfer the registration rights to another Registrant. In order to change the ownership of the domain name, the customer must obtain confirmation from the New Registrant to be bound by all the terms and conditions of this Agreement. As per ICANN policy, change of domain ownership may result in an immediate sixty (60) day domain transfer lock prohibiting the transfer of the domain to another ICANN accredited registrar.

GDPR Protection Domain Service

TotaliHost INC is providing a “GDPR protection” service for the public domain WHOIS records. The “GDPR protection” service will:

1. Hide the Registrant, Admin and Technical Contact information for registered domain names in the public WHOIS records.
2. Enable legitimate and accredited third-parties, such as but not limited to law enforcement, members of the security community and intellectual property lawyers to get access to the hidden information.
3. Limit the WHOIS data to only information that we have obtained permissions to process either via customer’s consent or contract with the customer.

“GDPR protection” service will not be available for certain TLDs that are not related to European citizens or require from the registrant to be situated in a concrete country. Such TLDs are mostly country-specific TLDs such as .AU, .BR, .CA, .CN (2^nd and 3^rd level), .DE(2^nd and 3^rd level), .EC(2^nd and 3^rd level), .EU, .RU(2^nd and 3^rd level), .UK(2^nd and 3^rd level), .US, .ECO, .JOBS, .NGO/.ONG, .NYC and .TEL. These TLD registries may mask only partial personal data or completely may disclose the same in a public WHOIS record.

Domain Name Disputes 

The customer agrees that in an event of a dispute with any third party they will hold TotaliHost and our Accredited Registrar harmless in all circumstances. TotaliHost will have no liability over the decision and final outcome of a dispute case. 

Dispute cases for domain name ownership shall be governed by ICANN’s UDRP.
TotaliHost reserve the right to suspend or cancel a domain name if we become aware of a domain name dispute.

ICANN and Registrar Terms

Additional Terms and Conditions may apply for each domain name registration or transfer. These terms may be set by the TotaliHost’s registrar. By using TotaliHost Domain Services the customer agrees to be bound by any Rules and Regulations policies placed by any of the FastComet affiliated registrars or global regulations such as ICANN.

ICANN Policy:

https://www.icann.org/resources/pages/responsibilities-2014-03-14-en

ResellerClub Domain Registration Agreement:

https://supersite2.com/support/legal.php

The customer agrees with these Agreements upon registering a new domain name or transferring already existing to and from HostAramda.

Domain Registration Agreement Changes

TotaliHost reserve the right to modify this Domain Registration Agreement at any time.

Copyright and DMCA

TotaliHost respects the intellectual property rights of others and we expect our customers to do the same. As we comply with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce we are obligated, in appropriate circumstances, to disable the accounts of customers who infringe with copyrights or other intellectual property rights.

If you as copyright owner (or authorized on behalf of one) believe any materials available on a website hosted by TotaliHost infringe your copyright you shall submit written notification to our Copyright Agent at copyright@TotaliHost.com 

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (DMCA notice) must include the following:

• Full legal name and electronic or physical signature of the owner of the copyright interest;
• a description of the copyrighted work that has been infringed;
• Identification of the location of the material on the website (the URL of the link shown on the website or the exact location where such material can be found.
• a description of where the material that is infringing is located on the website;
• address, telephone number, and email address;
• a statement that you understand that under 17 U.S.C § 512(f) you may be liable for any damages, including costs and attorneys’ fees if you knowingly and materially misrepresent that reported material or activity is infringing;
• a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Any DMCA notices should be submitted at copyright@TotaliHost.com 

Cancellations and Refunds

TotaliHost Cancellations and Refund Policy was last modified on September 22, 2022.

The act of discontinuing a Service or a Product provided by TotaliHost is defined as an act of Cancellation. The customer agrees that a Cancellation request can be submitted anytime upon submitting the request via the Client Dashboard or by opening a ticket in our Billing Department.

During the process of canceling a Product or a Service, TotaliHost will attempt to resolve the reason for the Cancellation request if such is provided and act in the best interest of the client. In case the Product or Service is no longer suitable for the customer, TotaliHost will act in compliance with our Terms of Service policy.

Billing and Renewal policy

Any Product or Service provided by TotaliHost is billed regularly depending on the chosen by the customer during the order process Billing Cycle. If a customer would like to cancel a recurring service, they have to submit a cancellation request via the Client Dashboard or to submit a ticket in our Billing Department.

The customer agrees and acknowledges that a renewed product can be canceled anytime, however, the product is eligible for a full refund only if the new billing term has not yet started. If a cancellation request is submitted within 30 days after the renewal due date, we will issue a partial refund equal to the amount paid for the renewal minus the cost for the first month of the new term according to the regular price. In case a cancellation request has not been issued within 30 days after the renewal due date, the renewal payment will not be eligible for a refund. 

The customer agrees that purchased or renewed addon services or any third-party services offered by TotaliHost are not refundable no matter when the cancellation request is submitted.

The customer agrees, it is their sole responsibility to ensure all payment information is correct and up to date as well as all outstanding invoices are paid if the service should be canceled before the service due date.

Renewal payments for Products or Services with TotaliHost should be submitted not later than 24 hours after the product due date. If the customer does not submit a payment within that period TotaliHost reserves the right to suspend the customer’s account until renewal payment is submitted. TotaliHost is not obligated to inform the customer, however, we will do our best to do so before suspending the service.

The customer agrees and acknowledges that a web hosting product purchased under the terms of any ongoing promotion will be renewed at the regular price of the product (also referred to as a renewal price) unless the promotional terms state otherwise.

An attempt to purchase an additional web hosting service from a separate client account or from the same client account for hosting domains and websites previously hosted by TotaliHost will be considered a breach of this Agreement.

TotaliHost reverses the right to run regular checks for all clients’ accounts. If a domain name was previously hosted under another web hosting account, the same service would be suspended with 24 hours prior notice.

The customer acknowledges and agrees that if they wish to continue hosting the respective domain name with TotaliHost, they are obligated to cover the corresponding renewal payment of their original hosting account holding that particular domain name. In case the payment is not covered, the account will remain suspended. If the customer fails to cover the difference, the overdue web hosting account will be terminated in 5 calendar days.

TotaliHost reserves the right to refuse to honor the 45-day money-back guarantee for the above-mentioned services as per the breach of the initial agreement.

The customer agrees that any non-renewed Shared Web Hosting account will be kept on our servers for not more than 5 calendar days after the due date passes. After that period, if renewal payment is not received any data related to the Web Hosting account as well as the whole Web Hosting account will be deleted. This includes the Web Hosting account, all of the generated backup copies as well as any data related to the Web Hosting account.

In case the type of used Web Hosting Service is VPS or Dedicated Server, the customer is obligated to renew the service either prior or on the due date of the service. If the customer fails to submit the payment within 24 hours after the due date becomes effective, all data related to the Product or Service will be deleted. This includes all accounts created on the VPS or Dedicated Server as well as all backup copies generated for the same and all information or data associated with the non-renewed service. Furthermore, in the case that the service is a Dedicated Server, the whole server may be completely dismantled.

Service Cancellation

A Product or Service can be canceled either by the customer or TotaliHost. No third-party service, entity, or jurisdiction can request nor achieve service cancellation on a client’s behalf.  

Service Cancellation by the Customer

For a Product or a Service to be canceled by our customers, a proper cancellation request must be submitted. To submit a Cancellation Request the customer must use either the cancellation option from within the Client Dashboard or the customer should submit a Cancellation ticket explaining the reason for the cancellation in our Billing Department.

The customer agrees and acknowledges that there are exactly two types of service cancellation depending on the period chosen by the customer in their Cancellation Request:

• Immediate Cancellation – the service will be canceled immediately after the cancellation request is approved by TotaliHost.
• Next Due Date Cancellation – the service will remain active until the next due date and when the date comes the service will be automatically canceled.

The customer acknowledges and agrees that TotaliHost will keep a copy of the Shared Web Hosting account for not more the 5 days after the cancellation request becomes active and the Product or Service is canceled. After that period any data associated with the customer’s Shared Web Hosting account will be permanently deleted with no option for the same to be restored. That includes the whole Shared Web Hosting account as well as any backups generated for the same.

For VPS or Dedicated Server services, the data will be kept for no more than 24 hours after the cancellation of service become effective. After that period the whole server will be removed meaning that all data hosted on the same will be permanently deleted with no option for the same to be restored.

TotaliHost cannot be held responsible for any data loss due to Service suspension or termination. It is the customer’s sole responsibility to keep the data of their Web Hosting accounts fully backed up remotely for any loss of data to be avoided.

Service Cancellation by TotaliHost

The customer agrees and acknowledges that any Product or Service offered by TotaliHost can be canceled by TotaliHost with or without reason. Canceled by TotaliHost services are not subject to partial or full refund nor is TotaliHost obligated to give any prior notice to the customer. TotaliHost will not be held responsible for any loss of data in case the service is canceled by us.

The customer agrees that the reason for the cancellation of service by TotaliHost can be but is not limited to:

• Violation of TotaliHost Terms of Service.
• Involvement of the Web Hosting account in illegal or forbidden by the TotaliHost Terms of Use activities.

If such a reason arises, TotaliHost will act according to the severity of the violation. In most cases, we will try to resolve it first before committing to the complete termination of service. This means that we will open a Support Case with a complete description of the violated terms and give our customers respectful time to resolve the outstanding case:

• 7 days for our Shared Web Hosting products.
• 3 days for our VPS and Dedicated Servers products.

The period starts immediately after a case is being open in our ticketing system. The customer is solely responsible for being aware of the case as well as for resolving the case according to the provided time frame.

Immediately after the cancellation takes place TotaliHost will provide a backup archive to the customer containing all customer data hosted on the canceled/terminated service. The backup archive will be available for 7 calendar days after the same is being made available for download. It is the customer’s responsibility to ensure that the backup archive is being downloaded completely within the timeframe given by TotaliHost.

In case the reason for the cancellation of service by TotaliHost is different than a Terms of Service violation by the customer, TotaliHost will issue a prorated partial refund for the remaining months of service the Web Hosting product or service has been prepaid for. The amount of the refund is calculated on the following basis: the full prepaid amount minus the remaining months of service multiplied by the price per month of the canceled service. TotaliHost will provide a few options for the customer to choose from when it comes to receiving a refund. In case PayPal is being used as a payment method, the refunded amount will be automatically sent to our customer’s PayPal account.

Money-Back Policy

Our Money Back Policy covers initial orders of Shared hosting, Reseller Hosting, Virtual Private Servers, and Dedicated CPU Servers. TotaliHost will fully refund the Web Hosting payment submitted by the customer if the cancellation request meets the following requirements:

• The cancellation request is submitted in the first 45 days after a Shared Web Hosting product or service becomes active.
• The cancellation request is submitted in the first 7 days after a VPS or Dedicated Server product or service becomes active.

The cancellation request is not eligible for a full refund when:

• A Shared Hosting upgrade or Reseller Hosting upgrade or extra service is active for more than 45 days.
• A Shared Hosting or Reseller Hosting is purchased on a Monthly Billing Cycle.
• An additional Shared Hosting account is purchased in order to avoid the renewal of the original service. 
• VPS and Dedicated Servers are active for more than 45 days.

The customer agrees that our VPS and Dedicated Server services are subject to a one-time setup fee. No matter if the service is canceled within 7 days or not the setup fee is non-refundable. Meaning that if a cancellation request is submitted the setup fee will be withheld from the initial payment and the rest will be refunded according to the period the cancellation request is being submitted as explained above.

In case the setup fee is being removed due to:

• Arrangement with our Sales/Technical Support/Billing Departments
• Longer prepaid term than 1 month
• Coupon Code
• Promotion

The same will still be withheld in case of service cancellation before or within the period the service has been purchased for.

TotaliHost typically taxes $19.95USD as a setup fee, however, we reserve the right to change that amount without specifically outlining the change in our Terms of Service.

The customer agrees that in case a domain name has been registered or transferred for free as part of TotaliHost Products and Services, upon cancellation of service a fee will be withheld equal to the costs of domain transfer/registration service.

Chargebacks and Disputes

The customer agrees and acknowledges the right of chargebacks. Before submitting such the customer is obligated to inform TotaliHost on the reasons forced them to submit a chargeback or a dispute with PayPal. TotaliHost will always work with our customers to resolve any outstanding payment issues before a chargeback, or a dispute is being raised.

The customer agrees and acknowledges that if a chargeback or a dispute is being raised, TotaliHost will suspend the access to the Web Hosting product or service related to the case. To activate any suspended Web Hosting Service due to chargeback or dispute, a customer has to ensure that the dispute or chargebacks are being canceled or in case completed that any outstanding balance is being paid.

Promotions

In this document, our customers will find the Terms and Conditions behind all our promotions. Upon signing up for a Promotional Service or Product, the customers agree with the outlined in this document Terms and Conditions, TotaliHost Terms and Conditions and any additional documents related to our services and specifically outlined in our Terms of Service pages.

Free Domain Name registration/transfer

The Free Domain Name registration/transfer promotion may be provided as part of the products offered on https://www.TotaliHost.com website. The condition for registering/transferring a domain name for free to TotaliHost are as it follows.

The customer agrees that a free domain registration/transfer is valid only for the free domain name extensions (“top-level domains”) specifically outlined in our Domain name portal. By the time this document has been written the following domain name extensions are eligible for the Free Domain registration/transfer promotion:

• .com;
• .net;
• .org;

If the desired domain name extension is missing in our Domain Portal, the customer should check either with our Sales team via Live Chat or with our Billing department by submitting a support ticket if the desired extension is supported as a free domain name extension.

The customer agrees that TotaliHost can provide free domain name registration for some or all of the offered Web Hosting services under the following conditions:

• A free domain name registration/transfer is available for Shared Web Hosting packages purchased for at least 1 year (12 months).
• A free domain name registration/transfer is available for VPS and Dedicated Server packages for a period of the purchase at least 3 months.
• A free domain name can be registered/transferred only in the first 7 days of the prepaid Billing Cycle. After that period passes the customer should check with our Sales/Support departments if the promotion can be explicitly provided.

The customer agrees that the Free Domain registration/transfer promotion is valid only for the first term a domain has been registered/transferred for with TotaliHost. If the promotion is not advertised/existing by the time a domain name should be renewed, TotaliHost will not renew the domain name for free and a renewal fee will be presented to the customer.

The customer agrees and acknowledges that in case of Cancellation of service that has a Free Domain name registration/transfer promotion being used, a registration fee will be withheld from the refundable amount. The registration fee for most domain name extensions is $13.95USD but only for .co.uk and .org.uk the fee is $19.95USD. The registration fee may or may not vary depending on the prices given by our Registrar. 

Once the fee is withheld and the cancellation of service is completed the customer becomes the sole owner of the domain name for the remaining period until the domain expires. The domain can be then:

• Renewed with us, leaving only the domain as an active product/service.
• Transferred to another domain name registrar.
• Left to expire in case the customer does not need it.

When a Free Domain name is registered it is typically attached to a Web Hosting package as the primary domain. The domain name cannot be used for any other purposes in relation to TotaliHost and cannot exist as a free domain name without a corresponding Web Hosting package.

TotaliHost reserves the right to discontinue the Free Domain registration/transfer promotion at any time without any prior notice for the customers. When and if the promotion is terminated, all domain names falling under the rules of the promotion will become regular domain names that are billed on a fixed rate.

The customer agrees that a domain name no matter free or regular can only be canceled upon disabling the domain name renewal via the options provided in the Client Dashboard, or by submitting a ticket to our Billing Department requesting the domain’s cancellation which will trigger the very same procedure.

A domain name registered for free as part of our Free Domain registration/transfer promotion will not be renewed for free.

TotaliHost reserves the right to change, update or remove any of the above mentioned Promotional Terms and Conditions.

Affiliate Program Terms and Conditions

These Terms and Conditions (“T&C”, “Terms” or “Agreement”) form the agreement between TotaliHost (“TotaliHost.com”, “TotaliHost”, “we”, “our”) and each of its Affiliates (“you” “your”). Your involvement in the Affiliate Program offered by TotaliHost constitutes full and complete assent to our Terms and Conditions set forth herein. The T&C incorporate by reference our Terms of Services and Privacy Policy.

Enrollment in the Affiliate Program

The Affiliate Program allows Affiliates to promote TotaliHost’s services using only promotional materials approved by TotaliHost and thereby receive commissions as set out in this Agreement. Any improper activity that may harm TotaliHost and its Affiliates shall be considered as a violation of these T&C.

TotaliHost and the Affiliate agree that they enter into this Agreement as independent parties. Affiliates acknowledge that no partnership, franchise, or employment relationship will be established between them and TotaliHost.

Admission to the Affiliate Program requires application submitted through the Affiliate Signup Form available on the TotaliHost website (manage.totalihost.com/affiliates.php). All Affiliate signups are manually reviewed by TotaliHost prior to approval. TotaliHost reserves the sole right to reject any applications or to close the Affiliate account without paying any unpaid commissions violating the terms and policies of this Agreement. 

Enrolling in the TotaliHost Affiliate Program considers you as a TotaliHost Customer, and all terms and regulations in our TOS become valid for you. During your participation in our Affiliate Program, we may provide you with confidential information, including, but not limited to, our company, operations, and technologies. You acknowledge and agree not to disclose the confidential information to any third parties or use it for purposes other than promoting TotaliHost Product and Services unless you have our written consent.

Affiliate Responsibilities

As a TotaliHost Affiliate, you acknowledge and agree that:

• You will provide accurate and complete information and keep it up to date. This includes, but is not limited to contact details, payment details, tax information, channels used to promote TotaliHost services. We reserve the right to request additional information concerning the promotional practices you employ. Failure to provide us with the requested information may result in permanent exclusion from the Affiliate Program, Affiliate Account suspension or termination, and forfeiture of commissions.
• You are obligated to act in the sincerity of intentions to refer only customers in good standing. Customers in good standing are: hosting service owners, who have provided complete and valid contact information; not flagged for high fraudulent risk; willfully and knowingly purchasing TotaliHost services; using their personal payment tender (Debit Card, Credit Card, or PayPal). TotaliHost reserves the right to decline commissions for purchase by a referred customer who is not in good standing or is in violation of TotaliHost TOS.
• You are allowed to utilize multiple Affiliate accounts under the condition they are associated with different PayPal accounts and email addresses. TotaliHost reserves the right to decline approved commissions for Affiliate accounts connected with the same PayPal account and/or email address.
• You should not engage in Black Hat SEO or Spam link building techniques, and websites, using marketing practices that might be unethical or possibly to attract customers, not in good standing. Knowingly or unknowingly referring customers in not good standing will be considered as interfering with this Agreement and may result in retaining affiliate commissions. If fraudulent activity is detected among your referrals, TotaliHost retains the right to withdraw any approved commissions paid to you at any time.
• You are prohibited from using any illegal or spam advertising techniques, including but not limited to, unsolicited emails, bots, unauthorized posting in forums, chat rooms, newsgroups, etc.
• You understand and agree that the development, operation, and maintenance of your Affiliate Site and all materials that appear on it are solely your responsibility. Your responsibilities include, but are not limited to, ensuring the accuracy of the material posted on your Affiliate Site; ensuring all materials posted on your Affiliate Site are not libelous or otherwise illegal and do not violate or infringe upon the rights or intellectual property of any third party. TotaliHost will not be held liable and responsible for such matters even if your Affiliate Site includes materials related to TotaliHost Products and Services.
• You will indemnify and hold TotaliHost unaccountable from any claims, damages, and expenses (including, but not limited to, attorneys’ fees) relating to the development, operation, maintenance, and contents of your Affiliate Site. This provision on indemnification is without prejudice to our separate action or claim toward you under applicable laws.
• Federal Trade Commission (FTC) claims that connections between the advertiser and endorsers should be conspicuously disclosed. To be compliant with that law the financial arrangements between our Affiliates and TotaliHost should be disclosed in a prominent location on the advertiser’s websites. TotaliHost reserves the right to retract payouts and/or cancel your Affiliate Account should it be determined that you are not in compliance with applicable FTC regulations. TotaliHost will be the sole arbitrator as to what constitutes non-compliance.

In the event of discovering a pattern in your affiliate practice behavior that, in our objective opinion, is in violation of these TOS, we reserve the right to suspend or terminate your Affiliate Account and cancel any approved commission payments due.

Affiliate Advertising

If you qualify and agree to participate in our Affiliate Program, TotaliHost will provide you with approved promotional materials, which may include TotaliHost trademarks, tradenames, logos, banners, links, and texts. As an Affiliate, TotaliHost grants you revocable, non-exclusive, and non-transferrable license to use the promotional materials for placements only on your Affiliate Site, transmitting over email, or direct marketing for the exclusive purpose of promoting TotaliHost Products and Services. Approved materials are solely intended for promoting TotaliHost Products and Services and shall not be used for other purposes without our explicit written authorization. Promotional materials and any other copyright or intellectual property of TotaliHost must not be copied, distributed, modified, or used for other purposes. 

You are obligated to use only materials approved by TotaliHost when advertising our services.

Upon Affiliate Account cancellation or termination, the license granted to use the promotional materials approved by TotaliHost will be automatically revoked.

Inappropriate advertising methods include, but are not limited to:

• Using any illegal methods of advertising, e.g., mass-mailing, unsolicited mailing, spam, etc.
• Using iframes, link cloaking, masking, or any cookie stuffing techniques that place your affiliate tracking cookie without the user’s knowledge. Any method with the exclusion of actual click-through shall be considered inappropriate.
• Using TotaliHost’s name (including any variations, misspellings, or other confusing terms similar to the TotaliHost trademark) in Pay per Click (PPC), Pay per Impression, Pay to Read, Banner Exchanges, Click Exchanges, pop-up/under, or similar techniques.
• Using TotaliHost’s trademark (including any variations, misspellings, or other confusing terms similar to the “TotaliHost” trademark, name, or logo) in your Affiliate website domain name, company name, logo, trademark, products, or services social. 
• Direct-linking or redirecting to the TotaliHost website.
• Bidding on keywords containing TotaliHost trademarks and terms, such as “coupon(s)”, “promotion(s)”, “promo(s)”, “discount(s)”, “% off” and similar. Usage of such terms in domains, URLs, Metadata, Title, Description on your Affiliate website is prohibited.
• Using TotaliHost’s trademark (including any variations, misspellings, or other confusing terms similar to the “TotaliHost” trademark, name, or logo) to advertise our service via Social Networks, including but not limited to Facebook, Twitter, Instagram, LinkedIn. 
• Direct-linking or redirecting to the TotaliHost website.
• Offering price savings, cache-backs, or other kinds of financial incitements.
• Your website must not contain lewd, pornographic, obscene, racial, religious, discriminating, or otherwise illegal content.
• Your website must not contain copyright-infringing content in any form. This includes, but is not limited to, trademarks, names, logos, or domain names of any third party unless you have been exclusively authorized by the owner.

TotaliHost reserves the right to determine if a promotional method used by Affiliates is appropriate. If we have a fair reason to believe that an advertisement method is considered inappropriate, this may result in suspension or termination of your Affiliate Account and cancellation of all outstanding commission payments.

Affiliate Tracking

TotaliHost Affiliate Program is based on Affiliate Sales tracking through the use of cookies. The cookies are placed in the user’s browser upon clicking on the Affiliate Link and being redirected to the TotaliHost website. Each cookie is stored for a period of 90 days. If a previous affiliate cookie is stored in the browser of the user, a new affiliate cookie will overwrite it each time the user clicks on an affiliate link related to our Affiliate Program. TotaliHost is not responsible for any cookie overwrites and consequent commission loss.

TotaliHost reserves the right to change the cookie lifetime at any given moment without prior notice.

TotaliHost reserves the right to decline commissions claims during Affiliate System malfunction caused by hardware or software failures resulting in cookie placement disturbance.

TotaliHost will not be held responsible for cookies intentionally or unintentionally deleted by users or commission loss due to expired cookies. Affiliate commissions tracking is solely based on an active cookie at the time of the referral purchase.

Affiliate Commissions and Payouts

TotaliHost shall pay all its Affiliates commissions based on the system and currency presented on the Affiliate Program page (manage.TotaliHost.com/affiliates.php/). This is the sole and effective settlement between TotaliHost and its Affiliates unless a custom arrangement approved by both sides exists in writing.

Commissions will be paid if the following terms and conditions are met:

• The referral customer had an active affiliate cookie indicating you as the affiliate during the time of the purchase of one of the following services:
  • Shared Hosting Service
  • Virtual Private Server Hosting Service
  • Dedicated CPU Hosting Service
• The referral customer service had been active for the past 45 days, or otherwise not canceled, suspended, terminated, refunded for a period of 45 days counted from the moment of the purchase either by the customer or by TotaliHost. TotaliHost reserves the right to extend the holding period without prior notice for as long as it is reasonably necessary to confirm the validity of a sale.
• Your Affiliate Account had been activated prior to the time of the referral purchase. No sales made prior to registering in the Affiliate Program will be considered valid.
• The referred customer has not used TotaliHost services in the past and has not signed up for an Affiliate Account prior to the purchase. Existing customers or service renewals are not considered as a base for valid commissions.
• The referred customer must complete the order processes without any assistance from you, including when you act on their behalf. 
• The referred customer must provide accurate and valid personal information correctly such as Name, Address, Phone Number, and everything else that TotaliHost needs to create the customer account. 
• The referred customer must actively use the purchased Web Hosting account and display progressive activity in terms of building their websites in the initial period of 45 days. 
• The referred customer is not using our service in order to create traffic funnels, click generation, so-called pyramid schemes, fake advertisement, fraudulent and suspicious content.
• The referred customer has created a website containing usable, relatable, and coherent content that is aimed at attracting real visitors. An exception would be considered if the customer is using a custom application that doesn’t necessarily require an active website.
• The customer retains a domain resolving on our servers and user-uploaded content on the website that they have hosted with us. User-uploaded content translates into content different from any default installation of an application like WordPress as an example or different from a templated content that is used on any other account of those that you are referring to TotaliHost.

TotaliHost Affiliate Program supports four (4) Commission Tires:

• Tier 0
• Tier 1
• Tier 2
• Tier 3

Commissions are paid on a one-time basis for qualified sales registered within the period of one calendar month. Commission rates are based on the number of qualified sales achieved within a calendar month, as defined on the TotaliHost Affiliate Program page (manage.TotaliHost.com/affiliates.php/). Qualified sales realized on one Tier are not upgradable to the next Tier, only the number of sales exceeding the previous Tier are considered as qualified sales for the next Tier and will be counted and paid based on the corresponding commission rate. At the beginning of each affiliate cycle (one calendar month), all qualified affiliate sales from the previous cycle are reset, and Affiliates are assigned to the default Tier 0. Advancing from one Tier to the next Tier is possible only during the ongoing affiliate cycle (one calendar month).

Affiliate commissions are manually reviewed and processed by TotaliHost upon affiliate payout requests and if there was no violation of this Agreement. Commissions are processed only via PayPal, and any transaction fees that might be applied will be for your expense. It is your sole responsibility to keep all your Affiliate account information full, accurate, and up to date. Any payouts caused due to insufficient information will be suspended, and TotaliHost will not be held responsible for any possible financial loss.

TotaliHost reserves the right to suspend affiliate commission payouts at any time and for any period if fraudulent or other inappropriate activity is suspected. We may deduct from all current and future referral commissions paid for referred customers who encounter any fraudulent or suspicious activity.

The TotaliHost Affiliate Program commission payout threshold is $100 (one hundred dollars). Your qualified referral commissions will be held until the total amount is equal or exceeding $100. Any commission amount under $100 will be rolled into the next affiliate cycle (one calendar month). Upon reaching a commission amount of $100 or above, TotaliHost will process the commission payout to the PayPal account provided in your Affiliate account.

TotaliHost reserves the right to decline any sales at our own discretion without providing any declaration or justification.

Account Termination

This Agreement can be canceled or terminated by each party at any time and any reason with a written confirmation.

Affiliates can terminate this Agreement by contacting TotaliHost through their Affiliate Accounts or by email at affiliate@TotaliHost.com. Termination of this Agreement will not release you from any breaches which occurred prior to the request.

TotaliHost can terminate this Agreement without prior notice if an Affiliate is a violation with the T&C of this Agreement or our TOS or with 7 (seven) days prior notice for any other reasonable cause.

In the event of termination of this Agreement:

• The Affiliate is obligated to remove all TotaliHost promotional material (including, but not limited to trademarks, banners, links, or logo) from their Affiliate Site.
• The Affiliate will not have the right to use TotaliHost provided/owned promotional material.
• The Affiliate will not be qualified for future affiliate commissions. All commissions due prior to the termination of this Agreement will be paid after the 45 days holding period.
• If this Agreement was terminated due to a violation of our Terms, TotaliHost would not process any outstanding commission payments.
• Both parties will be liberated from all responsibilities and liabilities defined in this Agreement, excluding obligations that, by nature, endure the termination of the Agreement.

Limitation of Liability

IN NO INSTANCE SHALL TotaliHost BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER, CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT TOTALIHOST INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

TotaliHost reserves the right to change the terms in this Agreement at any time by posting the updated Terms and indicating the date of revision. Modifications may include a change of the general Affiliate Program rules and scope, commissions fees, payout holding period, payment processing. All new or revised Terms take effect immediately. If you do not agree to the changes applied to our Terms, you shall terminate your Affiliate Account with us. Your continued use of your Affiliate Account indicates that you have read, understood, and agreed to our Terms.

Last Updated 03/12/2022