Agila Host website at agilahost.com (the "Site", the "Company", "We", "Us") is a copyrighted work belonging to Agila Host. Agila Host grants you referred to as "Customer(s)" or "Client(s)" the right to use the Site subject to the terms and conditions of use ("Terms of Use") set forth below.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.
1. License
Subject to these Terms of Use, Agila Host grants you a limited, royalty-free license to view the materials contained on the Site (the "Materials") and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the Agila Host server.
You are not granted any right to use Agila Host trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of Agila Host.
2. Modification
Agila Host reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Agila Host will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
3. Secured Areas
Your use of any areas of the Site secured by a user name/login screen ("Secured Areas"), including but not limited to purchases of products from the Site, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement.
4. Mailings
By submitting your name, e-mail address, and any other personal information to Agila Host, you hereby grant Agila Host, subject to the Agila Host Privacy Policy, a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about Agila Host products, services, and news ("Mailings"). The terms and conditions of this Agreement shall apply to all such Mailings.
5. Submissions
All remarks, suggestions, ideas, graphics, data, personal information, resumes, questions or other information communicated to Agila Host through the Site, by facsimile or through the mail (electronic or otherwise) (a "Submission") will forever be the property of Agila Host. Unless otherwise specified in our Privacy Policy, Agila Host will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future Agila Host services or operations. Without limitation, Agila Host will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Agila Host, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.
6. Terms of Service
Agila Host provides products and services to its customers which are collectively referred to as "Product(s)" or "Service(s)". Whether the Product or Services are provided as standalone, part of a package, discounted, free, any custom products and services provided by Agila Host are included as part of the "Product(s)" or "Service(s)". All Services are subject to each of our Policies. Certain Services may also be provided by third party providers and their own terms of service.
6.1 Products and Services Offered
- Shared Hosting
- Email Hosting
- Domain Registration
- Game Hosting Server
6.2 Terms of Product Use
- Customers are responsible to backup their own files, database, media and contents and download them for safe keeping.
- Agila Host is not liable for any data loss resulting from hardware failure, drive malfunction, or any other infrastructure-related incident. This includes but is not limited to disk failure, server failure, or data center incidents beyond our control. Customers are strongly advised to maintain their own offsite backups at all times.
- Unmetered use of our Products specific to Bandwidth and Storage are defined by experience gained by Agila Host with similarly situated customers or measured by our third party server providers. The Customer use of any service resources may not exceed that of similarly situated customers in a way to affect the global performance of the hosting environment.
- Storing large amounts of compressed and uncompressed digital images or other media files, unnecessary backups of your account or other online resource materials are strictly prohibited. Streaming of media or unnecessary file transferring directly utilizing the hosting environment's bandwidth is strictly prohibited.
- Agila Host reserves the right to terminate the customer's access to the hosting environment without notice in cases of suspected service resource abuse.
6.3 Prohibited Uses
Customer acknowledges that hosting for the following unlawful purposes is strictly prohibited:
- Posting any incomplete, false or inaccurate information or information which is not your own accurate information
- Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children
- Peer-to-Peer media sharing, piracy, streaming of live events and similar in nature
- Gambling
- Phishing
- Cryptocurrency, Mining, Scam and DDoS in nature
- Deleting or revising any material posted by any other person or entity
- Disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose
- Harming minors in any way
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity
- Aggregating, copying or duplicating in any manner any of the materials or information available from our Site
- Any illegal media or content that is governed by the country of the Philippines
6.4 Trial Usage
- Each account can only have 1 trial of each service ever.
- We reserve the right to remove multiple trials on your account without notice.
- Registering new accounts to bypass this term will result in immediate account banning without notice.
- We reserve the right to reinstall your trials to avoid abuse usage without notice.
NOTE: We recommend NOT saving any important data on trial accounts. Purchase a paid subscription instead.
6.5 Mail Service Usage
- Due to the nature of a shared environment, customers are restricted to send only a set number of emails per hour to avoid sending unsolicited and spam emails.
- Customers can create unlimited email accounts in their shared hosting plan.
- Depending on the nature of your business, we can increase the number of emails per hour on your account or suggest configuring an external SMTP provider. Contact us for details.
6.6 Definition of Unmanaged
With an unmanaged server, the Client is expected to perform all gaming configuration including managing file systems, plugins, passwords, world seed backups and users with the provided game panel.
NOTE: Game installations depend on the official Game Download installers. We are not responsible for incompatibilities with your games when connecting to the server. Furthermore, we are not responsible if the game owners update their installations and downloads in a way that leads to installation problems. Agila Host is a server provider, not a game provider. If problems persist with your game, contact the game developers instead.
7. Registration and Passwords
If you register on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account.
Upon completing the registration process, you will receive a password and user name. You are responsible for maintaining the confidentiality of your password and user name and are responsible for any activities that occur under your password and user name.
8. Billing Details
When you make an order, you are responsible to provide accurate and complete information regarding the location and recipient of the order. Failure to do so may result in unsuccessful delivery that can cause delay. Agila Host will not be responsible for delayed delivery during this event.
9. Refunds
9.1 Shared and Web Hosting
The use of the HestiaCP Control Panel is based on third-party repositories and is provided without any warranties. We make every effort to use the panel in its original form to minimize issues. Refunds may be considered only if repository updates cause functional problems.
9.2 Game Servers
Refund requests related to Game Servers are generally not honored, as Agila Host is a server provider, not a game developer. Our responsibility is to deliver server infrastructure via the Pterodactyl Panel, an open-source server management platform. We do not develop, maintain, or modify any game content. The servers merely host the game files provided by the original developers.
However, in rare cases where a game is proven to be incompatible with our server environment, specifically with Pterodactyl, we may issue a refund after a thorough investigation. Compatibility issues must be reported within a reasonable period, and our team will determine if the issue lies with the server setup.
For problems involving the game itself such as gameplay bugs, crashes, or account issues, please contact the game's official developers.
9.3 Hardware Failure and Service Disruption
In the event of a confirmed hardware failure or critical service disruption caused by infrastructure failure beyond the customer's control, Agila Host will assess the situation on a case-by-case basis. The following applies:
- A prorated refund of the unused portion of the customer's plan may be issued at Agila Host's discretion.
- Data loss resulting from hardware failure is not grounds for a full refund, as customers are responsible for maintaining their own backups per Section 6.2.
- Agila Host will make reasonable efforts to notify affected customers in a timely manner and communicate recovery timelines where available.
- Any goodwill credits or discounts offered during a service disruption are at the sole discretion of Agila Host and do not constitute an admission of liability.
9.4 No Refund Cases
No refunds will be issued in the following cases:
- Change of mind
- Lack of technical knowledge to customize or configure game settings
- Domain name registrations under any circumstance. Once a domain is registered, it is immediately processed and reserved through international registries, making the transaction permanent and non-reversible. We incur non-refundable costs from domain registrars at the time of registration, which is why we cannot offer refunds for domain-related purchases, regardless of usage or activation status.
10. Accuracy of Content and Pricing Information
Because prices, product descriptions and availability can change quickly, Agila Host does not warrant the accuracy or completeness of the information provided on the Site. Agila Host may make changes to the information contained herein, including to the products and prices described in the site, at any time, without prior notice. Information at this Site is periodically updated, but it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall Agila Host or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site. If a product you purchase does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to Agila Host and receive a refund of your purchase price.
Placing items in your cart does not reserve the current prices shown at that time. Prices are reserved only upon placing a confirmed order. From time to time, despite our efforts, a small number of the items in our catalog may be mispriced. In the event of a pricing error, Agila Host will take one of the following options:
- If an item's correct price is lower than our stated price, we will charge the lower amount.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Discounts are limited-time offers and are not valid with other offers.
11. Copyright
The Site and the Materials are copyrighted works of Agila Host and/or its suppliers. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of Agila Host.
12. Amendment
Agila Host may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
13. Contact
If you have any questions about these Terms of Use or our Privacy Policy, please contact Agila Host at:
support@agilahost.com