SONIKHOST agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of SONIKHOST’s Service constitutes acceptance and agreement to SONIKHOST’s TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of SONIKHOST.

Indemnification Policy

You agree to use all SONIKHOST’s services and facilities at your own risk. SONIKHOST specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall SONIKHOST be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold SONIKHOST harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against SONIKHOST, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SONIKHOST against liabilities arising out of:

Any injury to person or property caused by any products sold or otherwise distributed in connection with SONIKHOST’s servers;
Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
Copyright infringement;
Any defective products sold to Customer from SONIKHOST’s servers;

The SONIKHOST shall be the sole judge of what violates this Policy.

SPAM Policy

SONIKHOST is committed to a zero-tolerance, Anti-Spamming policy. Under this policy, SONIKHOST prohibits Spam, or any unsolicited commercial email, from being sent either: Over SONIKHOST’s network, by Customers or any other users of SONIKHOST’s network (including Customers’ customers); AND/OR over ANY network, if the message(s) sent advertises or mentions a site hosted on SONIKHOST’s servers.

SONIKHOST reacts very quickly and seriously to violations, and further reserve the right to terminate the services, without prior notice, of any Customer disregarding this policy. Sending unsolicited commercial email (also known as “Spam”), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to SONIKHOST’s email address(es) or web site URL(s) is prohibited. The use of SONIKHOST’s servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam are subject to a “clean up” fee of Php 10,000 with no refunds given.

Content Policy

All services provided by SONIKHOST may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material(s) in violation of any Philippine/United States and/or Panama Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material(s), trademark, intellectual property, material(s) SONIKHOST judge to be threatening or obscene, or material(s) protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless SONIKHOST from any claims resulting from the use of the service which damages the subscriber or any other party.

Illegal pornography and sex-related merchandising is prohibited on all SONIKHOST’s servers. This includes sites that may infer illegal sexual content, or links to illegal adult content elsewhere. SONIKHOST will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to SONIKHOST’s servers or any other server on the internet. Links to such material(s) are also prohibited.

Examples of unacceptable content or links:

Pirated software;
Hacker programs or archives;
Warez sites;
Illegal Adult sites;
MP3 Sites;
Financial scam (pyramid schemes, ponzi schemes, chain letters, fake financial institutions, etc.).

SONIKHOST does not host sites of its competitors or web pages promoting sites of its competitors with exception for resellers using reseller’s services provided by SONIKHOST. Any illegal activity, including illegal adult content, links to illegal adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. SONIKHOST will be the sole arbiter as to what constitutes a violation of this provision.

Using Shared and/or Reseller account as a backup/storage device is not permitted. One cPanel backup of the same account allowed.

CGI Scripts Policy

Each Account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however SONIKHOST reserve the right to disable any CGI script that effects normal server operation or service to other SONIKHOST’s Customers. You will be notified in 24 hours about offending cgi script. SONIKHOST is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don’t expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.

Chat Policy

SONIKHOST does not allow chat rooms if that effects normal server operation or service to other SONIKHOST’s Customers.

CGI Proxy Policy

SONIKHOST does not allow CGI proxies. SONIKHOST reserves the right to remove every CGI proxy script without notification for Shared Accounts.

Domains Whois

SONIKHOST holds its own contact details in the Whois for Domains registered. Domains not transferrable to other registrar if the Customer’s Account has outstanding invoices.

Backups

Full system backups are made daily. Accounts backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for servers’ restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content any information.

Our Guarantees

Moneyback Guarantee. SONIKHOST offers a 30 day moneyback guarantee for monthly payments only. One 30 day moneyback refund for Customer allowed per 180 days to prevent abuse. No refunds will be available for Customer’s Account which break any terms of the TOS. No refunds will be available for third party related services including, but not limited to scripts installation, certificates, custom programming, scripting and designing work, domain names registrations, transfers and renewals, dedicated servers, management and monitoring services. As a conclusion, refunds are for SONIKHOST’s hosting packages only. After the end of the 30 day period the Payment Policies apply on all services.

Uptime Guarantee. The SONIKHOST offer a 99,9% uptime guarantee. SONIKHOST calculates average uptime per each server using distributed monitoring systems each month beginning for past month. If SONIKHOST failed to maintain 99,9% availability of Customer’s site(s) during any single calendar month, Customer may request a credit of 50% off that month’s hosting fee, but not later than 7 days after that month’s end, by sending a notice to support@sonikhost.com

SONIKHOST does not offer a credit when interruptions are caused by scheduled maintenance(s) or cases beyond our control (interruption and/or failure of telecommunication and/or digital transmission links, power outages, network attacks, network congestion); errors from Customer’s own custom scripting or coding; outages that do not affect the appearance of Customer’s web site but merely affect access to Customer’s site (such as FTP, POP3/IMAP, SMTP); when average server’s uptime calculated equal or greater than 99,9% during calendar month; when notice sent later than 7 days after month’s end.

All Moneyback and Uptime refunds sent without processing fees applied on them.

Payment Policy

Establishment of these services are dependent upon receipt by SONIKHOST of payment of stated charges. The Account will be automatically (if possible) charged at the beginning of each billing cycle for the entire cycle. Failed charge will be turned into outstanding invoice. Billing cycles will continue automatically until the package is canceled according to the Account Cancellation. No refunds will be available for third party related services including, but not limited to scripts installation, certificates, custom programming, scripting and designing work, domain names registrations, transfers and renewals, dedicated servers, management and monitoring services, any extra charges, as well as for quarterly, bi-annual and annual payments. As a conclusion, refunds are for SONIKHOST’s hosting packages only. The above applies to all Accounts and services provided by SONIKHOST. Notices for the invoices are sent 10 and 2 days prior due date. Service will be interrupted on Accounts that reach 7 days past due for outstanding invoices. SONIKHOST reserve the right to terminate the services for Accounts that reach 30 days past due for outstanding invoices without prior notice (final decision is made on per Account basis). Accounts that are not collectable by SONIKHOST may be turned over to an outside collection agency for collection. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in SONIKHOST’s sole discretion is a valid charge under the provisions of the TOS, you agree to pay SONIKHOST an “Administrative Fee” of Php 2,500. If you desire to cancel your Account, please follow the proper procedure to do this as outlined in this TOS.

Account Cancellation

Customer should email cancellation request with at least 7 days, but no more than 30 days, prior notice to support-at-sonikhost.c0m with cancellation reason, domain name, Account’s username and password. SONIKHOST verifies  the details sent and ensure that Customer has no outstanding invoices, then email back to the Customer asking for confirmation; Customer should pay all outstanding invoices, if any, respond and confirm Account’s cancellation. Customer’s data removed from the SONIKHOST’s servers as soon as confirmation email from a Customer received and outstanding invoices paid in full, if any.