Terms
Terms of Service
Billing & Refunds
We currently offer monthly and annual web hosting services and annual domain services. Due to the nature of our industry and the costs involved with provisioning and maintaining your service, we do not offer refunds or pro-rated refunds. All sales are final.
We accept credit/debit cards. There are no minimum contract periods for any plan. In case of any dispute, we cannot offer any refund, it is your responsibility to check our services during the trial period. Due to the nature of the business and maintenance of the service, we do not offer any refunds, so all sales made from TsunamiHost are final.
We will provide you with a payment note through our billing system, and your payment will be fiscally processed through a global invoice at the discretion of TsunamiHost. Therefore, we will not issue personalized invoices per client, unless previously agreed in writing between TsunamiHost and you.
In some cases, we offer automated subscriptions and payments, which can be reconfigured directly from your administrative panel.
Late Payments
All service renewal bills are generated according to the dates they were first activated on. Depending on the system configuration, the service will be suspended on the 7th day from the expiration date and will be terminated on 14th day from the expiration date. Late fee of $3.50 USD or the equivalent in the currency in which you contracted the service will be added to your invoice incase if you didn’t make the payment before the suspension. The late fee should be paid by you to reactivate your service.
Cancellation and Refunds
TsunamiHost reserves the right to cancel, suspend or otherwise restrict access to the account at any time with or without notice. Any abuse towards our staff in any medium or format will result in the suspension or termination of your services. Due to nature of the hosting business and service maintenance charges we don’t offer any money back / refunds so all sales are final which are purchased from TsunamiHost. There are no refunds on abuse case, reactivation fee, administrative fees, install fees for custom software, or domain name purchases.
Coupons/Discounts
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.
Acceptable Usage Policy
TsunamiHost provides services to clients all around the world. TsunamiHost has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed in an attempt to ensure that we can do such.
TsunamiHost will be the sole arbiter as to what constitutes a violation of these provisions.
General:
The services provided by TsunamiHost may be used for legal purposes only. Transmission, storage or presentation of any information, data or material in violation of any federal, state or municipal law is prohibited.
The subscriber agrees to indemnify and hold harmless TsunamiHost from any claims resulting from the use of the service which damages the subscriber or any other party.
Content:
Examples of unacceptable content include, but are not limited to:
• Copyrighted media, without authority to distribute or display.
• Unlicensed applications.
• Cracking programs or key generators.
• High yield investment programs or HYIPs and related monitors, top list etc.
• Child pornography or kidnapping material.
• Promotes, encourages, or engages in child pornography or the exploitation of children.
• Is illegal, or promotes or encourages illegal activity such as ponzi schemes.
• Promotes, encourages, or engages in terrorism, violence against people, animals, or property.
• Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking.
• Participates or promotes the transmission of copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets.
• Violates the privacy or publicity rights of another Customer or any other person or entity, or breaches any duty of confidentiality that You owe to another Customer or any other person or entity.
• Interferes with the operation of the TsunamiHost services.
• Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation.
• Terrorist propaganda, racist material, or bomb/weapon instructions.
• Contains or installs any viruses, spyware, malware, worms, bugs, trojan horses, or other code, files, or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware; or
• Contains false or deceptive language, or unsubstantiated or comparative claims, regarding TsunamiHost services.
• Material protected by trade secret or other statute.
• Adult content, dating sites, forums, hacking scripts, scripts that abuse server etc.
• Torrents/warez or any other related websites are strictly forbidden.
• E-commerce websites are strictly not allowed on shared hosting servers.
• IRC and associated programs (including psybnc, bots, etc.).
• Game servers, voice servers and related applications.
• Scripts commonly used for abuse, attacks, or flooding.
• Threatening, harassing, or obscene content.
• Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking.
• Using shared web hosting services as a backup is not allowed.
• Links to unacceptable content, or as defined above, are also prohibited and will be suspended without any prior notice,
TsunamiHost have the right to choose whether the content is allowed or not and can take immediate decisions.
Online Activity:
Any way of indecent treatment towards a TsunamiHist employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with TsunamiHost’s employees regarding any request for help or consultation via e-mail, chat, phone, or through our ticket desk support system. Each customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to undermine the importance of good ethics in communication and human relations. Any act of a close nature, or other type of offensive, abusive, disrespectful, or condescending behavior – oral, written, or delivered by a second party – to members of TsunamiHost’s customer care staff will be interpreted as a breach of this TOS. Tsunamihost reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according to actions, including refusing refunds to users whose accounts have been suspended for violating this TOS provision.
Any attempts to undermine or cause harm to the TsunamiHost equipment, network, operations, or clientele is STRICTLY prohibited. TsunamiHost will pursue legal action to the fullest extent for all abuse/violation of such.
Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of TsunamiHost, is prohibited. TsunamiHost has complete right to fine you for amount of damage done to TsunamiHost operations. This includes, but is not limited to:
• Denial of service attacks (DOS/DDOS)
• Unnecessary port scans
• Mail bombing
• Unsolicited advertising via IM, forums, newsgroups, email, etc..
• Any hacking activity.
Free Domain Extensions
We don’t allow free domain extensions on server for security reasons.
Domain names
Domain names are valid for the period of their registration (domain names can be registered for up to 10 years, depending on the domain name’s TLD extension). After the expiration of a domain name, several stages follow regarding its renewal.
The domain name Redemption Grace Period (RGP) is a registry-level period that starts about 30 days after the domain name’s expiration date. During this period the domain name is kept on hold by the Registrar before it gets deleted. The domain registrant is allowed to retrieve the domain name from deletion, but this process costs an additional redemption fee.
We strongly recommend that the Customer renew their domain registrations before their domain names are placed into the redemption period. After a domain name transits in the redemption period, we are not able to prevent its zone files from being removed from the DNS system, and any website and associated services will cease working.
We can assist customers in retrieving their domain names only if the domain names were registered with us. Customers will be charged a REDEMPTION FEE of $290.00 USD for each domain registration renewal. If the domain name was registered with another registrar, the customer needs to contact that registrar for more information regarding its retrieval.
Our domains come with “who is privacy protection” as long as it is available for the specific TLD, as is the case with all .com & .net domains. Who is protection is activated by default in all applicable domains.
If you wish to transfer a domain registered with us, you must request the domain transfer code at least 30 days before the expiration of your domain via ticket.
Bulk Email:
We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the TsunamiHost network, or spamvertising (unsolicited advertising of) sites hosted on the TsunamiHost network is STRICTLY prohibited.
Policy Violations:
TsunamiHost may, at any time, audit systems for any data/activity showing potential policy violations.
Policy Violations Charges
If you violate our Policy a service charge should be paid to reactivate your account.
Warnings:
The TsunamiHost abuse dept. makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any TsunamiHost staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension, repeated failure to do so may result in termination.
Suspension/Deactivation:
If any terms or conditions are failed to be followed, the client risks service suspension or termination. TsunamiHost reserves the right to remove any account, without prior notice. If TsunamiHost deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.
Unauthorized Usage:
In any case involving unauthorized parties utilizing a TsunamiHost service for abuse/violations, the client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. TsunamiHost may opt to disable all services until the client can perform such an investigation.
In general, the client is responsible for maintaining a secure system. The client is expected to monitor his/her system(s) and/or service(s). Resource usage should be maintained within the level outlined in the service contract. Abuse caused by end-users or unauthorized parties may increase resource usage and it should be noted that overage fees may apply.
Resource Usage:
TsunamiHost will be not allow any account on server that causes load issue or consumes more resources than allotted. TsunamiHost has the right to immediately suspend any such account without prior notice.
Anti-Nulled Scripts Policy:
TsunamiHost like any other host is against the usage of Nulled Scripts (Plugins, themes, scripts etc.). Any account found using nulled script is immediately terminated. TsunamiHost team randomly checks websites and the themes and plugin they are using, if any premium plugin/theme is detected, we check for the latest version of it available in the market. If the version of theme/plugin does not match with the latest version, We suspend the site. Client has to show the purchase invoice or any other proof in order to un suspend the site again.
Account usage
a. CPU usage (or usage of the Central Processing Unit(s) of the web server the customer’s account is hosted on) – the CPU usage is subject to some regulations. Each hosting account can use up to 8% of the CPU power for no longer than 180 seconds at any given time, or 4% (for the Basic plan)/ 4.5% (for the Advanced plan)/ 5% (for the Ultimate plan)/ 5.5% (for the Unlimited plan) in the course of 24 hours.
b. TsunamiHost strongly recommends that customers be very judicious when using the CPU power for their accounts. We reserve the right to block files or scripts that excessively use CPU and notify clients. We may suspend customer accounts in cases of registered impact on other accounts on the server or disturbance caused by the functioning of the server. If we do suspend an account, then its owner will be notified of that and provided with an explanation of the situation. The account owner may be offered to upgrade to a new web hosting solution.
c. Emails
Users are not allowed to:
• Send more than 1500 emails per day / 100 emails per hour per hosting account.
• Send more than 120 emails per day / 20 emails per hour per mailbox;
• If you consistently or abruptly exceed these limits, they can be lowered permanently to as low as 5 emails per day / 5 emails per hour, and/or SMTP could be disabled until the issue is fixed.
• Send more than 1500 emails a day using a mailing list (or 1 email to 1500 subscribers, respectively).
Repeat violations of the limits listed above can result in IP restrictions or, in extreme cases, denial of email service.
You can modify or remove the storage quota for email accounts through the Web Hosting Control Panel. Keep in mind that all active email accounts under a hosting account must not exceed the total storage space contracted in your web hosting plan.
You can manage as many mailboxes as you need under one account as long as you do not interfere with the other users on the server. However, if there are more than 3000 mailboxes in a given hosting account, its owner can cause a high server load by just modifying a password or changing an alias.
If a particular mailbox simultaneously accommodates multiple emails and its owner often executes changes, then we’ll be forced to disable that account and ask the respective client to migrate to a more resource-rich type of hosting environment where mailbox modification operations cannot lead to server performance issues.
d. File Quota – There is no file quota limit for any one of our web hosting packages. Customers are allowed to have an unlimited number of files in their hosting account.
e. Disk Space & Traffic – TsunamiHost offers generous amounts of disk space and network bandwidth. Customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs, or sound files. At least 90% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, and RAR, but not limited to these file types) in each hosting account must be part of the actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files that link to them. Audio, graphics, video, backup, and/or archive files, such as .zip, .tar.gz, etc., must not exceed 1 GB and must not consume more than 10% of the web hosting disk space. Furthermore, such media files may amount to no more than 20% of the customer’s total monthly traffic usage. Upon a support ticket request by our customer care team, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request. If the client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes, the Provider reserves the right to suspend the account and/or to remove the aforesaid content from the server. In such cases, refunds are not applicable.
f. MySQL usage – each database hosted in our system can be used only by the user who created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in the first-mentioned customer account. The MySQL database has a limit of 45,000 queries per hour. If you have reached 45,000 queries per a given hour, you will not be able to make any more queries. In the next hour, you will have access to the database again and the counter will be reset. You can make a maximum of 15 simultaneous connections to a MySQL database.
g. RAM quota – each account is allowed to use up to 1 GB RAM.
h. PHP processes – each account is allowed up to 50 concurrent PHP processes.
i. Access and error logs – The access and error logs for all client hosts in one account should not exceed 250 MB in total.
“Unlimited” usage policies and definitions:
The term “UNLIMITED” is used to describe the amount of resources in the web hosting plans provided by TsunamiHost, which is not set to a predefined limit value (for example – unlimited bandwidth, unlimited disk space, unlimited emails, or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.
In all cases, when a service is listed as “Unlimited“, it is intended for normal web hosting usage only – all activities, that may result in excessive resource usage inconsistent with regular usage patterns, are prohibited.
Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. TsunamiHost will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer’s hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, TsunamiHost reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers’ websites, website content, electronic mail, or termination of a customer’s account according to TsunamiHost’s sole and absolute discretion.
Server usage and hosted content:
a. Server content MUST comply with the parameters stated in our policy. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of TsunamiHost services are used for the illegal purpose of SPAM or UCE, then they will be terminated instantaneously. TsunamiHost expressly bans the use of any TsunamiHost hardware or software hosted on a TsunamiHost server for trying to illegally access another hosted machine or network. If you still have inquiries over the matter, feel free to contact a TsunamiHost service representative.
b. Using TsunamiHost temporary URL is not defined as a bandwidth stealing, however, customers should not rely on TsunamiHost temporary URL as a basic URL. Traffic processing there is not recommended. TsunamiHost cannot and will not be held responsible for changing it afterward. Customers are advised to use it temporarily and redirect their traffic to their own domains.
Unlimited Plans Limitations:
Unlimited accounts on our servers will be able to add an unlimited number of files (inodes), as long as these files are part of the website and are not used as streaming or storage files, but, due to the server does have limited resources, it is recommended to keep storage space below 50Gb of storage and 500Gb of bandwidth. If these limits are exceeded, the customer with said account will be subject to an extra charge as part of our fair use policy.
Backup Policy:
TsunamiHost does not make automatic backups on a regular basis, but the client, at his discretion, may use the backup system directly from his control panel. Our backup system will allow all our clients to keep precise control of their backups and be able to use them when necessary.
Filtering:
TsunamiHost reserves the right to block/filter or throttle ports and/or ip address ranges, at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, Donkey, etc). This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.
Abusive Clientele:
TsunamiHost may at its discretion suspend or terminate service of any client that is abusive/harassing to TsunamiHost and/or TsunamiHost employees. Examples of such activity include, but are not limited to:
• Verbal abuse: cursing, yelling, threatening, etc.
• Ongoing disregard for warnings or notices.
• Consistent mistakes/errors/changes causing unnecessary workload.
• Spamming TsunamiHost email addresses, ticket systems, or servers.
• Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage.
• Consistent late payments or responses.
• Issuing a chargeback or bouncing a payment.
• Continuous activation of problematic end-users.
• Activity which affects the service(s) of other TsunamiHost clientele.
Disclaimer
TsunamiHost shall not be responsible for any damages your business may suffer. TsunamiHost makes no warranties of any kind, expressed or implied for services we provide. TsunamiHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by TsunamiHost and its employees. TsunamiHost has rights to Change the Terms of Service/Refund Policy/Pricing of Plans anytime with or without Notice
The TsunamiHost services are provided on an “as is” basis without warranty of any kind, express or implied. You expressly agree that the use of the TsunamiHost services is at your sole risk. TsunamiHost does not warrant that (a) the TsunamiHost services will be uninterrupted or error free, any specific results may be obtained by use of the TsunamiHost services, or that any bulk addresses will be free of any spam “blacklists.” No warranty is made by TsunamiHost regarding any information, services or products provided through or in connection with this agreement, and TsunamiHost hereby expressly disclaims any and all warranties, including without limitation: (1) any warranties as to the availability, quality, quantity, or content of services or goods provided to you hereunder, including but not limited to your services and your web site; and (2) any warranties of merchantability or fitness for a particular purpose. TsunamiHost does not guarantee that any content, information, software or other material accessible through the TsunamiHost services will be free of viruses, “worms”, “trojan horses”, or other harmful components. You agree and acknowledge that no representations of any kind have been made to you regarding the potential volume of patronage of your web site or any other person’s or entity’s web site or web page.
Your Indemnification of TsunamiHost
You agree that you shall fully defend and indemnify TsunamiHost, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement, including, but not limited to, your violation of a third party’s intellectual property rights. You further agree to defend, indemnify and hold harmless TsunamiHost, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that TsunamiHost shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.
Privacy
It is TsunamiHost’s policy to respect your privacy. TsunamiHost will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless TsunamiHost deems it necessary, in its sole discretion, to:
• Comply with legal process or other legal requirements, including but not limited to responding to civil or criminal subpoenas, search warrants, national security letters, or other requests for information from law enforcement officials.
• Protect and defend the rights or property of TsunamiHost or its officers, agents, affiliates, and licensees.
• Enforce this Agreement; or protect the interests of other TsunamiHost customers.
Notwithstanding the provisions of this agreement to the contrary, tsunamihost reserves the right (subject to applicable local law), in its sole discretion, to monitor your account, including but not limited to the use of a user’s main account and any sub-accounts, for the purpose of investigating violations of this agreement or to assist with criminal or civil investigations.
Your IP address is transmitted and recorded with each message you send using the TsunamiHost services. TsunamiHost does provide certain information in aggregate form collected from and relating to you to third persons such as advertisers. For a more detailed description of the types and uses of personal information collected from you, please read the TsunamiHost Privacy Policy.
International customers understand and agree that the TsunamiHost services are provided by TsunamiHost in México. The personal information which you give TsunamiHost will be transferred to and maintained in México and elsewhere. If you do not consent to this transfer, do not accept the terms and conditions for the TsunamiHost services. International customers further understand and agree that TsunamiHost may disclose personal information about them and their website or domain names pursuant to this section, and waive any rights to privacy or protection of personal data relating to such information to the fullest extent permitted under national and international law.
Modification
This agreement may be materially altered by TsunamiHost by posting the new version of the agreement at https://tsunamihost.com and if posted in this manner, shall be effective immediately upon posting such notice. In the event that TsunamiHost does materially change the terms of this agreement, you accept and shall be bound by such changed terms unless you opt to terminate the agreement within thirty days of the posting of notice of such change.
You may not modify this agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of TsunamiHost. No additional or conflicting term in any other document used by you will have any legal effect.
Last Update: June 12, 2024