Revised as of May 14, 2025
OVERVIEW
The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Hosting Service Agreement (“Service Agreement”) governs your use of Somee International’s Hosting services ("Hosting Services"). Capitalized terms used in this Service Agreement, but not defined, are defined in the Agreement.
DESCRIPTION OF SERVICES
Web Hosting: Web Hosting plans place your site within one or more servers. Resources are shared between many customers on the same servers; however, your site is given a unique address (DNS)
Virtual Private Server (“VPS”): VPS plans place your site within a server shared with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address
ACCOUNT TERMINATION; LIMITATIONS
Migration of Servers: You acknowledge and agree that, as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
Termination of Hosting Services: You acknowledge and agree that upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to the termination of the Hosting Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, we will delete all such content, and we will not be able to provide a copy of such content.
Free Products Credits: Upon termination of the Hosting Services, all free/ complimentary products provided as part of the Hosting Services will be canceled or revoked.
Notice Regarding Licensed Images on Migration or Export (where available): Subject to all other applicable license terms and conditions, images available and licensed for use are intended for Somee International-hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporated therein, and you acknowledge and agree that Somee International does not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).
Storage Capacity: The total amount of usable storage capacity for your particular Hosting Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), and other supporting file(s).
YOUR OBLIGATIONS, REPRESENTATIONS, AND WARRANTIES
Justification. You acknowledge and agree that we shall have the right to seek justification in connection with your use of the Hosting Services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information reasonably sought by us pursuant to such justification. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries, and such information may be displayed publicly on the Whois database.
Abusive Activities and Other Threats. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, Somee International, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited, and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Service Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Service Agreement. You further acknowledge and agree that Somee International reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed at Somee International's discretion for security purposes.
Storage and Security. You shall be solely responsible for undertaking measures to (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality, and integrity of all your website or server content transmitted through or stored on our servers.
Our servers are not an archive, and we shall have no liability to you or any other person for loss, damage, or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Hosting Services as (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise of your server or account.
Website/Server Content. You shall be solely responsible for providing, updating, uploading, and maintaining your website or server and any and all files, pages, data, works, information, and/or materials on, within, displayed, linked, or transmitted to, from, or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter, or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Hosting Services.
If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Service Agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.
If you request that we install any Third Party Software (defined below) not provided as part of the Hosting Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.
PROVISIONS SPECIFIC TO WEB HOSTING, VPS, AND DATABASE HOSTING
Storage and Plan Limits. All Web Hosting and Database Hosting plans, including the unlimited plans, are subject to certain limitations. For Linux® hosting accounts, there is a limit of no more than 250,000 inodes per account, while for Windows® hosting accounts, the limit is 500,000 files and folders per account. All plans are also limited to no more than 100GB of disk storage and no more than 1,000 tables per database, with a maximum storage of one gigabyte per database. Exceeding these limits may result in network violation warnings, and corrective actions such as reducing the number of inodes, files and folders, tables, or storage may be required, or the account may face temporary or permanent suspension, at our discretion. Additionally, Linux hosting plans are subject to resource limitations, including CPU core usage, RAM, website connections, active processes, and disk IO.
Free Trial Hosting Credits. Free trial hosting credits are subject to resource limitations, including CPU core usage, RAM, website connections, active processes, disk IO, inodes, disk space, and monthly bandwidth. Exceeding these limitations may lead to site slowdowns or service interruptions, which can be resolved by upgrading to a paid plan.
UDP Support. Inbound UDP is not supported in shared hosting environments.
Website/Server Content Restrictions. Your website content must not include certain prohibited content, including image hosting scripts, banner ad services, file dump/mirror scripts, commercial audio streaming, push-button mail scripts, anonymous or bulk SMS gateways, backups of content from other sources, BitTorrent trackers, or any script that degrades server or network performance.
Unlimited Plans. Some Web Hosting plans may offer unlimited bandwidth, disk space, and websites for personal, small business, and organizational websites. However, usage that poses a risk to server stability, performance, or uptime may require upgrading to a VPS or Dedicated Server, or resource restrictions may be imposed.
Server Access. If you purchase MS SQL, you hereby authorize us to log into your server for the purposes of installing and configuring MS SQL.
SERVICE UPTIME GUARANTEE
We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding, or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
THIRD-PARTY SOFTWARE
Definition and Scope. As part of the Hosting Services, you may be allowed to use certain software, widgets, or other applications (“Software”) developed, owned, or licensed by a third party. Your use of this Software may be subject to additional terms. If the Software is accompanied by or requires a license agreement from the third-party provider, your use of the Software is subject to that license agreement, in addition to this Service Agreement.
Terms and Conditions Applicable to all Software and Operating Systems. You may use the Software and Operating Software solely as part of the Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Software. Additionally, you may not sell, modify, re-use, reverse-engineer, decompile, disassemble, reverse compile, create derivative works of, or attempt to derive the source code from the Software.
Somee International may provide your personal information to third-party providers as required to provide the third-party Software. Somee International reserves the right to modify, change, or discontinue the provision of the Software at any time.
Somee International makes no representations or warranties about any third-party Software offered in connection with the Hosting Services and expressly disclaims any liability.
You will indemnify, defend, and hold harmless Somee International from and against any and all claims imposed upon or incurred by Somee International directly or indirectly arising from your use or misuse of the third-party Software. The providers of the third-party Software are third-party beneficiaries of this Services Agreement for purposes of enforcing their rights under this Services Agreement.
The Hosting Services may be operated in both Linux® and Windows® environments. Each time you commission a server, we will provision the server with the operating system you choose.
We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Hosting Services. You may not use the Third-Party Software outside of the Hosting Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).
Any use of any Hosting Services that involves You storing specially protected data is subject to the following additional terms:
In this paragraph “Personal Data” means any information relating to an identified or identifiable natural person or, to the extent applicable under Applicable Laws, a household; an identifiable person is one who can be defined, directly or indirectly, notably but not limited to by reference to a user identification or unique identifier, such as name, identification number, precise geo-location data, online user identification, or by reference to one or more factors specific to physical, physiological, genetic, economic, cultural, or social identity. “Personal Data” does not include aggregated, anonymous, or de-identified data, such as Usage Data. “Usage Data” as used herein means any and all information reflecting the access or use of the Hosting Services by or on your behalf, including, but not limited to visit-, session-, steam-data, and statistical or other analysis, information, or data based on or derived from any of the foregoing. You acknowledge and agree that you have no rights to Usage Data. , as such terms are defined by Applicable Laws.