Where the content states:
"We" or "Us" includes Maple-Hosting or any party acting on Maple-Hosting 's explicit instructions.
"You" includes the person purchasing the services or any party acting on the customer's
"Member" includes the purchaser of services or any party acting on the purchaser's
"The Registrant" includes the person applying for a domain name or any party acting on the
"The Registry" refers to the relevant domain names Registry.
"Server" means the computer server equipment in connection with the provision of the
refer to all services.
"Web Site" means the area on the server allocated by us to you for use by you as a site on
Internet, may refer to all services.
"TOS" includes this agreement.
Maple-Hosting reserves the right to modify this policy at any time, effective immediately
posting of the modification to this page.
In consideration of the mutual covenants herein, the parties agree to the following, which
apply during the term of this agreement:
Acceptable Use Policy
The information and content hosted on your server and any and all actions performed by, on
using your server are under your responsibility.
You shall effect and maintain adequate insurance coverage in respect of any loss or damage
data stored on the server. We shall not be liable to any damages incurred by data lost due
We allow all legal activities as defined by Dutch laws and regulations. You represent,
and warrant to us that you will use the server allocated to you only for lawful purposes.
In particular, you represent, warrant and undertake to us that:
- You will not use the server in any manner which infringes
Dutch law or Dutch regulation or in any manner which infringes the rights of any
nor will you authorize or permit any other person to do so.
You will not post, link to or transmit:
- (a) any material which is unlawful, threatening, abusive,
malicious or otherwise objectionable as determined by Maple-Hosting in any
- (b) any material containing a virus or other hostile computer
- (c) any material which constitutes, or encourages the
commission of a criminal offence.
- We take a zero tolerance stance against sending of unsolicited e-mail and spam. "Safe lists"
and purchased lists will be treated as spam. Any user who sends out spam will have their
account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision
includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant
messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted
will be immediately suspended and/or terminated.
- You will not employ programs which consume excessive
resources including, but not limited to, processor cycles and memory. We do not host
IRC bots, or other server resource intensive programs.
- If you surpass your allotted disk/bandwidth usage as
your purchased plan, you agree to purchase the excess in blocks as set forth on our
Such payment to be immediate and non-disputable.
You will not use the dedicated servers or other services for streaming purposes without approval
from Maple-Hosting. In rare cases Maple-Hosting may (at its sole discretion) demand the customer to
cease using the services for streaming purposes (with immediate effect) even after approval was
Maple-Hosting reserves the right to require changes or disable as necessary any web site, account,
database, or other component that does not comply with its established policies, or to make any such
modifications in an emergency at its sole discretion.
Maple-Hosting reserves the right to charge the holder of the account which abused our services a
clean up fee or any charges incurred for blacklist removal or other actions required to reverse the
effects caused by the abuse. This cost of the clean up fee
is entirely at the discretion of Maple-Hosting.
Members using Maple-Hosting's web hosting plans are not allowed to host adult content, irc
bots/bouncers, Bitcoin miners, content that may cause political uproar or provoke attacks, image
hosting or similar.
You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately of any known or
unauthorized use of your account or breach of security, including loss, theft, or
disclosure of your password or other security information.
You shall observe the procedures which we may from time to time prescribe and
shall make no use of the server which is detrimental to our other customers.
Members utilizing free hosting shall exclude themselves from promotions
offered and afforded to paying Members.
You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure manner.
- Sending unsolicited mail messages, including, without
commercial advertising and informational announcements, is expressly prohibited.
A Member shall not use another site's mail server to relay mail without the express
permission of the site.
- It is contrary to Maple-Hosting's policy for Members to use
servers to effect or participate in any of the following activities:
- (1)To post to any Usenet or other newsgroup, forum, e-mail mailing list or other
group or list articles which are off-topic according to the charter or other
FAQ or description of the group or list.
- (2)To engage in any of the foregoing activities using the service of another
channeling such activities through a Maple-Hosting provided server, or using a
provided server as a mail drop for responses.
- (3)To falsify user information provided to Maple-Hosting or to other users of the
connection with use of a Maple-Hosting service.
- (a) Consequences of Violation:
Maple-Hosting may, at its sole discretion, restrict, suspend, or terminate a
account and/or pursue other civil remedies if there is a reason to believe the
violates the terms as presented in this page.
- (b) You shall be held liable for any and all costs
Maple-Hosting as a result of your violation of these terms and conditions including,
limited to, attorney fees and costs resulting from Postmaster responses to
and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings
news server violations.
Maple-Hosting 's current hourly rate for Postmaster responses to complaints and
unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server
violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for
bulk-email or Usenet message sent, plus US $1 per complaint received. server
fees of $85 per hour.
- Maple-Hosting does not issue service credits or refunds
outages incurred through service disablement resulting from violations of any terms
Any access to other networks connected to Maple-Hosting must comply with the
rules appropriate for those other networks.
While we will use every reasonable endeavor to ensure the integrity and
security of the server, we do not guarantee that the server will be free from unauthorized
hackers and we shall be under no liability for non-receipt or misrouting of email or for any
failure of email or for any other damages caused by unauthorized access to your server.
Copyright / DMCA Safe Hosting
Maple-Hosting is a Copyright / DMCA Safe hosting provider in that
it protects its customers from illegitimate use of
copyrights / DMCA complaints.
Illegitimate use includes but is not limited to copyright abuse reports for content which does not
The goal of this protection is to allow our customers to run their businesses without unnecessary
interruption and to ensure only those legitimate abuse reports that require their attention will be
delivered to them.
In order to achieve this industry leading protection for our
customers, Maple-Hosting does not accept copyright complaints in the form of emails as
delivery origins can be spoofed and altered.Excluding special
cases, Maple-Hosting will not handle in any
way or form any DMCA or copyright
complaints which were received via any means other than registered mail
In specific cases, Maple-Hosting may accept DMCA or copyright complaints
sent to Maple-Hosting via Email. This will be decided at our sole discretion based on the specifics
discussed copyright violation case.
Furthermore, since the DMCA is a united states law and not a European law or a Dutch law,
Maple-Hosting reserves the right to demand alternative form of report from the side reporting
Maple-Hosting is committed to protecting your personal information and respecting your privacy.
We will never sell, rent, or disclose your personally identifiable information to outside parties
without your consent unless compelled by a court of law to do so or required to do so as part of our
service routine (as explained in the following paragraphs).
We do reserve the right to disclose your personally identifiable information (if you are a
member) to industry professionals in order to get your job done if needed.
We also reserve the right to disclose your personally identifiable information to payment processing
companies (such as PayPal) in order to resolve disputes and for other purposes.
We also reserve the right to disclose your personally identifiable information to 3rd
parties in order to provide you with our services properly or to run our business properly and
efficiently as we deem appropriate. This includes but is not limited to providers of services,
support and more.
We may send you e-mail regarding our new features, news, or other important update information.
We may use various methods to collect information including, cookies and/or IP addresses.
Maple-Hosting is committed to protecting your personal files and intellectual property.
We will never access your server unless such access is required from us in order to provide support
When accessing the server, no files will be downloaded or modified unless required to do so for
support or maintenance purposes.
Maple-Hosting utilizes FraudRecord to screen new orders for previous fraudulent activity and report
existing clients who violate our Terms of Service. In case of a violation, you may be reported to
FraudRecord for misbehaviour using non-identifiable anonymous information.
We shall use our reasonable endeavors to make available to you at all times the server and the
Services but we shall not, in any event, be liable for interruptions of Service or down-time of the
server and/or the Website and/or the Registry.
We shall have the right to suspend or terminate the Services at any time if we suspect a violation
of terms of service or misconduct took place.
It is the member's responsibility to take care of backups for sites or content that may be his or
We also reserve the right to disallow services/hosting to any client as we feel necessary and hold
The Services provided to you hereunder and your account with us cannot be transferred or used by
anyone other than you.
No more than one log-in session under any one account may be used at any time by you.
If you have multiple accounts, you are limited to one login session per system account at any time;
user programs may be run only during log-in sessions.
If your account is found to have been transferred to another party, or shows other activity in
breach of this sub clause, we shall have the right to cancel the account and terminate the Services
and/or this Agreement immediately.
In case of outages and downtime produced by causes out of Maple-Hosting 's control, refunds will not
be sent and compensation may be limited or non-existent. Such causes include natural disasters and
other uncontrollable events.
100% Uptime Guarantee
“Network Uptime” is the total time in a calendar month that the resource with guaranteed uptime is
available through the Internet, provided that Customer has established connectivity. we take
responsibility for network availability within our network and for network outages from our
bandwidth and connectivity provider, except when such network outages are excluded by other sections
of these terms; however, we shall not be liable for any upstream problems outside of our network.
Our guarantee is that our network will be available to Customer free of Network Outages 100% of each
“Network Outages” or “Unscheduled Downtime” is any unplanned or unscheduled interruption in service
availability during which Customer is unable to access the services as described in the section
titled “Network Uptime” above.
A “Network Outage” is defined as a period in which 100% packet loss to our network is experienced,
which is determined to have been caused by a problem in our Network as confirmed by us. Downtime and
outages are measured as the total length of time of the unplanned interruption in service
availability in a calendar month.
“Scheduled Downtime” is any Maple-Hosting scheduled interruption of Services, for the purpose of
network upgrades, or replacement of any equipment in order to provide for you better service.
Scheduled downtime occurs during notified downtime periods, with as much advance warning as
Network downtime is measured from the time the network is 100% unreachable, until service is once
again restored. In order to request a credit, you must e-mail us at: email@example.com
within seven (7) days after the last day of the calendar month in which the downtime occurred. (For
example, if the downtime occurs during the month of December, we must receive your e-mail between
January 1 and January 7. E-mail notifications that are not sent within the first seven (7) days of
the month immediately following the downtime will not be eligible for credits.
The amount of the credits are determined by the following table, based on the amount of Network
Uptime the Maple-Hosting network has provided for the month in which a credit is requested.
Network Uptime for the Month
Percentage of Monthly Credit Upon Proper Request
Less than 99.99%
Less than 99.9%
Less than 99.5%
Less than 99%
We will review claims of SLA violations during normal business hours of the first through seventh
day of the month, and will apply any applicable credit to Customer’s account within two billing
cycles after Maple-Hosting receives Customer’s credit request.
Performance Credit Exclusions.
Notwithstanding any contrary provision in this SLA, Maple-Hosting shall not be liable to reimburse
in any form for failure to meet any of the guaranteed service level where such failure arises from
any one or more of the following:
Scheduled downtime, maintenance, or upgrades, including without limitations the following:
Maintenance by local public telecommunications and telegraph service providers on access circuits
between Maple-Hosting and the clients’ Web sites;
Software maintenance made globally on Maple-Hosting’s network.
Emergency maintenance or upgrades, where such maintenance or upgrades are required by the occurrence
of any events outside of Maple-Hosting’s control;
Failure of access circuits to the Maple-Hosting Network, unless such failure is caused solely by
Erroneous SLA outages reported as a result of outages or errors of any Maple-Hosting measurement
Problems outside of Maple-Hosting’s network (upstream providers, or client’s inbound connection) not
effecting 100% packet loss to our network, and interruptions or failures of individual service
caused by Customer, Customer’s agents or employees, Customer’s clients, or other third parties, to
Customer’s service. These interruptions and failures include, but are not limited to, the following:
• inaccurate configuration,
• third-party software,
• Customer’s abuse or over-utilization of resources,
• acts or omissions of any person for whom Maple-Hosting is not responsible, or
• any causes whether similar or otherwise outside Maple-Hosting’s control;
Circumstances beyond Maple-Hosting’s reasonable control and force major events including but not
limited to the following:
catastrophic incidents, vandalism, lightning, power failure, fire, flood, earthquake, acts of
nature, emergency, acts of any governmental body, war, insurrection, sabotage, armed conflict,
terrorism, embargo, riots, curfew, strike or other labor disturbance, industrial disputes,
interruption of or delay in transportation, unavailability of or interruption or delay in
telecommunications or third-party services, virus attacks, worms, Trojans, spyware, adware or other
malware, failure of third-party software (including, without limitation, e-commerce software,
payment gateways, chat, statistics, or free scripts) or inability to obtain raw materials, supplies,
or power used in or equipment needed for provision of this SLA;
Services or communications protocols other than hypertext transfer protocol (HTTP).
DNS (Domain Name System) issues outside the direct control of Maple-Hosting;
Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer),
including, without limitation, custom scripting or coding, e.g. CGI, PERL, HTML, PHP, etc., any
negligence, willful misconduct, or use of Maple-Hosting’s service in breach of Maple-Hosting’s Terms
of Service, Acceptable Use Policy, or No-Spam Policy;
Faults caused by the client’s equipment, applications, interconnected equipment, networks, systems
or gateways and / or the acts or omissions of the Customer, third-party components whether within or
outside Maple-Hosting’s network or the acts or omissions of local exchange carriers or failure of
third party services;
Outages elsewhere on the Internet that hinder access to your account or services. Maple-Hosting is
not responsible for browser or DNS caching that may make your Web site appear inaccessible when
others can still access it. Maple-Hosting will guarantee only those areas considered under the
control of Maple-Hosting; or
Disconnection and / or reconnection of the services due to non-payment of any charges payable to
Maple-Hosting or where the services are disconnected by reason of it being used for any illegal,
unlawful, or other objectionable purpose described in the TOS, AUP, or No-Spam Policy.
Customer moving from the server where downtime occurred to another Maple-Hosting server in the same
Nature of Credits; Sole Remedy.
Notwithstanding anything to the contrary in this SLA, the total amount credited to the Customer in a
particular month under this SLA shall not exceed the total hosting fee paid by the Customer for such
month for the affected service.
Credits are exclusive of any applicable taxes charged to the Customer or collected by Maple-Hosting
and are the Customer’s sole and exclusive remedy with respect to any failure or deficiency in
service or in the availability of the Customer’s Web sites.
Payments, Cancellations, Disputes & Chargebacks
All charges payable by you for the Services shall be in accordance with the scale of charges and
rates published from time to time by us on our web site and shall be due and payable in advance of
our service provision.
We reserve the right to change pricing at any time although all pricing is guaranteed for the period
You are responsible for monitoring resource usage of your server. If you utilize more resources than
those indicated in your current plan; you will assessed a surcharge as set forth in our pricing
Payment is due each anniversary month, quarter or year following the date the Services were
established until closure notice is given.
All payments must be in US Dollars.
We require our customers to submit request of service cancellation through our client area system no
later than one day before the service's due date as it appears on our system. In case a member
fails to submit such request he will be held liable to all charges that are to be due at the
service's due date (or one day before the due date, for that matter).
Reversal of funds of any type is unacceptable.
Such reversals include PayPal dispute, Credit-Card or bank chargeback (regardless of payment gateway
used), Bank Reversal and any other act that reverts the payment made to Maple-Hosting .
You confirm that such reversals will not take place to the best of your abilities and that if such
do take place you will find an alternative funding source and pay the required amount within two
hours from the moment the reversal occurred.
When Maple-Hosting is informed of a reversal of funds, the related service will be suspended or
terminated (by our sole discretion).
Renewal of access may be possible after the reversal is resolved completely and after a $25 fee for
Reversal Fee is paid.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not
paid on or before the due date, we shall be entitled forthwith to suspend or terminate the provision
of Services to you.
If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate
this Agreement forthwith without notice to you.
If you violate any of these terms and conditions we may suspend the Services and/or terminate this
Agreement forthwith without notice to you or any refund liability.
If you are a company and you go into insolvent liquidation or suffer the appointment of an
administrator or administrative receiver or enter into a voluntary arrangement with your creditors,
we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without
notice to you.
We reserve the right to suspend the Services and/or terminate this Agreement at any time.
You may cancel the Services at any time by logging into the Client Area (required for ownership
verification purposes) and requesting cancellation of services.
On termination of this Agreement or suspension of the Services we shall be entitled immediately to
block your server and to remove all data hosted on it.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by
you of these terms of business and any claim brought against us by a third party resulting from the
provision of Services by us to you and your use of the Services and the server including, without
limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses), howsoever suffered or incurred by us in
consequences of your breach or non-observance of this Agreement.
Limitation Of Liability
All conditions, terms, representations and warranties relating to the Services supplied under this
Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly
stated in these terms and conditions including, without limitation, the implied warranty of
satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise
arising out of or in connection with the provision of the Services shall be limited to the charges
paid by you in respect of the Services which are the subject of any such claim.
In any event no claim shall be brought unless you have notified us of the claim within one year of
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated
savings or for any other indirect or consequential or economic loss whatsoever.
Customers may request a refund for any of our products if they are not completely satisfied with the
level of service provided to them.
Refunds will be issued in cases when the product did not function as it should have or when we have
failed to live up to our promises regarding the level of service. This will be decided by our sole
Maple-Hosting may or may not provide refund to any customer by its sole discretion, depending on the
specifications of each and every individual case.
Every new server incurs an estimated 25% setup fee charge that is transparently discounted from the
total server cost to the customer. As a result, the setup is free. In cases when the customer
requests a refund for any reason, this setup fee will not be refunded. This includes cases in which
the customer does not wish to complete our fraud prevention procedure.
If we are uncertain whether a certain payment is a valid payment (and not a fraud payment), we
reserve the right to demand a copy of further identifying documents (such as a photo ID). By
ordering our services, you agree to provide such identifying documents upon request. Failure to
provide such documents within 48 hours from the moment requested may cause order cancellation and
payment refund of 75% from the original amount paid (up to 25% of the original order payment may not
be refunded, by our sole discretion).
The support feature of our service at present time consists of our Support System solving only
server related problems that prevent the normal function of the server as it would function at the
moment it is shipped to the customer.
You may purchase our technicians' services at the rate of $100 per hour, with one hour minimum
billed. We reserve the right to wave this fee at any time.
Support can only be addressed in English through our Support System.
All Support requests are to be processed through our Support System.
There are no support reply time guarantees. Support may sometimes take as long as 48 business hours
or more to reply to support tickets and requests.
For that matter, product setups and services are considered support replies and may too take 48
business hours and more.
Slow reply times are not a liable cause for a refund. Even though 24x7 (twenty-four hours, seven
days a week) Support is one of the features that we provide with almost all of our services, we
reserve the right to cancel this feature at any time and to no longer provide this type of support
without prior notice.
We would like to note that such action will only be taken under the most extreme circumstances when
we believe a customer is wasting precious valuable support resources or when we otherwise believe
it's vital that the support for the specific customer will be blocked.
Domain Name Registration
We make no representation that the domain name you wish to register is capable of being registered
by or for you or that it will be registered in your name.
You should therefore not assume registration of your requested domain name(s) until you have been
notified that it has or they have been registered.
Any action taken by you before such notification is at your risk.
The registration and use of your domain name is subject to the terms and conditions of use applied
by the relevant naming authority; you shall ensure that you are aware of those terms and conditions
and that you comply with them.
You shall have no right to bring any claim against us in respect of refusal to register a domain
Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the
naming authority to register your desired name.
We shall have no liability in respect of the use by you of any domain name; any dispute between
you and any other person must be resolved between the parties concerned in such dispute.
If any such dispute arises, we shall be entitled, at our discretion and without giving any reason,
to withhold, suspend or cancel the domain name or service.
We shall also be entitled to make representations to the relevant naming authority but will not be
obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment for that domain has been
received by us.
No member shall post defamatory, scandalous, or private information about a person or company
without their consent.
Any abuse towards any Maple-Hosting employee or Maple-Hosting as a whole will not be tolerated and
will considered a breach of
these terms and conditions.
You are expected to contact our staff in a professional and respecting manner.
Any threat; whether verbally, orally, written, or delivered by second parties directed towards
Maple-Hosting or any of it's employees, partners, equipment, and concerns shall be construed as a
violation of this TOS.
Any conduct viewed as violating this section shall be considered a violation of this TOS.
Maple-Hosting will be the sole arbitrator in regards to what is deemed a violation.
No refunds shall be given when the contents of this section necessitates removal of the account.
The details you provide to us about yourself (including but not limited to your full name, your home
address or your personal phone number) must at all times be accurate. In case we find that the
details provided are inaccurate in any way - we reserve the right to assume fraudulent activity
under your account and terminate it without any refund or notice.
These terms and conditions together with any documents expressly referred to in them, contain the
entire Agreement between us relating to the subject matter covered and supersede any previous
Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such
No oral explanation or oral information given by any party shall alter the interpretation of these
terms and conditions.
In agreeing to these terms and conditions, you have not relied on any representation other than
those expressly stated in these terms and conditions and you agree that you shall have no remedy in
respect of any misrepresentation which has not been made expressly in this Agreement.
Maple-Hosting reserves the right to amend these TOS at any time and without notice.
It is your responsibility to check these Terms of Service on occasion for any such amendments.
Maple-Hosting does not guarantee to provide any product or service arranged and confirmed
between a staff member and a customer.
All rights and restrictions contained in this Agreement may be exercised and shall be
applicable and binding only to the extent that they do not violate any applicable laws and are
intended to be limited to the extent necessary so that they will not render this Agreement illegal,
invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be
held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the
intention of the parties that the remaining provisions or portions thereof shall constitute their
agreement with respect to the subject matter hereof, and all such remaining provisions or portions
thereof shall remain in full force and effect.
Thank you for choosing Maple-Hosting.