Terms & Conditions

Terms & Conditions

Tofinger — Acceptable Use, System Resources & Billing Policy

Last updated: [Insert Date]

By accessing or using Tofinger services (“Services”), the customer (“User”, “you”) agrees to comply with the following terms in addition to Tofinger’s master Terms & Conditions and Privacy Policy.

1) Compliance with Law & Cooperation with Authorities

1.1 You must use the Services in full compliance with all applicable local, state, federal, and international laws and regulations.
1.2 Tofinger reserves the right to cooperate with law-enforcement agencies and regulators, including disclosing information as required by law.

2) General Disclaimer of Liability

2.1 Neither Tofinger nor its data/information providers will be liable for damages arising from your use or inability to use the Services.
2.2 All Services are provided “as is” and “as available” as further described in our general disclaimer.

3) Intellectual Property & Content Standards

3.1 You represent and warrant that all content you upload or publish via your account does not infringe any copyright, trademark, patent, trade secret, or other proprietary rights, and is not obscene, defamatory, or unlawful.
3.2 Hosting of hardcore adult content or pornography on shared or reseller servers is prohibited.
3.3 You may not store or distribute software, scripts, or tools intended to facilitate IP infringement or other violations.

4) Netiquette & Abuse (Grounds for Immediate Action)

4.1 The following behaviors constitute “Netiquette” violations and may result in immediate suspension pending investigation and potential termination:
a) Sending unsolicited bulk or mass email (spam) that generates complaints.
b) Using other providers to send spam while directing replies to, or advertising, a site or mailbox hosted with Tofinger.
c) Harassment of individuals online after being asked to stop.
d) Impersonation or falsifying identity in email, Usenet, IRC, forums, or similar services (legitimate nicknames and anonymous remailers excepted).
e) Use of Internet Relay Chat daemons/bouncers (e.g., psyBNC), abusive bots/scripts, flood/attack tools, or any unauthenticated proxy (including open mail proxies and open web proxies).
4.2 Users whose accounts are terminated for abuse remain responsible for reasonable cleanup and complaint-response costs incurred by Tofinger.

5) System Resources & Fair Use

5.1 You must not use excessive resources or negatively affect server stability. If we detect excessive usage, we may kill processes, throttle resources, disable features, or suspend the account to protect the platform.
5.2 Default shared/reseller resource guidelines (per cPanel account) include:

  • Up to 1 CPU core (no sustained usage beyond 100% of the assigned core)

  • Up to 1 GB RAM

  • I/O throughput up to ~1024 KB/s (read/write)

  • Max 100 NPROC (processes)

  • Max 20 Entry Processes (concurrent web requests)

  • Cron: no more than once every 30 minutes (unless your script vendor specifically requires otherwise)

  • Email sending: up to 300 emails/hour
    5.3 If your workload is not suitable for shared/reseller hosting, we may:

  • Temporarily suspend the account to stabilize the server; and/or

  • Offer alternatives such as premium hosting, VPS, or a dedicated server.
    Tofinger is the sole arbiter of what constitutes a violation and may adjust limits at its discretion.

6) Network Throughput on Unmetered Servers (VPS/Dedicated)

6.1 Unmetered dedicated servers and VPS typically connect to shared 100 Mbps ports unless a different port size or cap is explicitly sold.
6.2 Tofinger may monitor and, where sustained usage significantly exceeds typical averages or impairs others, throttle speeds to conserve network resources. Short spikes are generally tolerated; sustained high-volume transfers are not.
6.3 If your transfer rate adversely affects other customers, Tofinger may throttle or otherwise mitigate the impact.

7) Backups & Inode Limits

7.1 Tofinger performs daily/weekly courtesy backups for cPanel accounts under 20 GB and under 150,000 inodes (per cPanel user). This is not guaranteed; you are strongly advised to keep your own off-site backups.
7.2 Tofinger will use reasonable efforts to restore data when possible but is not responsible for lost data, time, revenue, or other losses arising from failed or unavailable backups or hardware faults. No backup method is failsafe.
7.3 Inode usage thresholds (per cPanel user):

  • At 50,000 inodes: you may see a warning in cPanel (no service interruption).

  • At 150,000 inodes: services may show “resource exceeded” and may be suspended if not reduced.

  • VPS: server-wide inode limit typically 5 million.
    7.4 Reseller inode limits (aggregate across all child accounts):

  • Standard Reseller: 1,000,000 inodes (plus per-user limits)

  • Business Reseller: 1,600,000 inodes (plus per-user limits)

  • Budget Reseller: 250,000 total and 50,000 per-user
    Exceeding these thresholds may require an upgrade or reduction; failure to act may lead to suspension. Optional add-on +1,000,000 inodes may be available at USD 20/month (subject to change).
    7.5 Excessive inodes commonly result from enabled “catch-all” mailboxes that are never checked. Consider disabling the default mailbox in cPanel → Mail → Default Address → Set Default Address → :fail:.

8) Prohibited “Free Service” Platforms

8.1 You must not use Tofinger hosting to provide free web hosting, free email, free blogging/homepages, free image hosting, or free trial accounts.
8.2 Violation may result in immediate suspension with or without notice.

9) File Hosting / Storage Restrictions

9.1 File hosting or storage repositories are not permitted on shared, reseller, or standard hosting plans.
9.2 You may not operate download portals (e.g., “download sites” like large software mirrors) or use your account as a backup/archive for MP3s, videos, photos, games, or other media. Normal website downloads are allowed if incidental to your site’s primary purpose.

10) Staff Abuse & Code of Conduct

10.1 We are committed to respectful service. Abusive conduct towards Tofinger staff may result in suspension and a request to move services elsewhere.
10.2 If service is terminated for abusive conduct, we will give 5 days’ notice and refund any unused prepaid hosting fees (excluding non-refundable items).
10.3 Offensive conduct includes, but is not limited to: repeated demeaning language, profanity, shouting (including ALL-CAPS), discriminatory insults, or knowingly providing false information to harass or waste staff time.

11) Payment Terms & Credit Issues

11.1 You agree to pay all charges at the rates stated on your order at service commencement.
11.2 Charges are due when service is used; Tofinger may charge the payment method on file at any time for amounts due.
11.3 Evidence of credit problems (e.g., delinquency, chargebacks, declined cards) may result in suspension.

12) Card Payments & Chargebacks

12.1 By choosing card payments, you authorize Tofinger to charge your card on each due date.
12.2 You agree not to dispute legitimate hosting charges. Open a billing ticket first for clarification.

13) Non-Payment Timelines

Shared Hosting

  • Payment is due on your monthly anniversary date.

  • Day 3 after due date: services may be suspended.

  • Day 7 after due date: services may be terminated and reclaimed.

  • Day 14 after due date: any remaining data may be permanently destroyed for security/privacy.

VPS/Dedicated Servers

  • Payment due on the monthly anniversary date.

  • Day 3 after due date: public access may be suspended.

  • Day 5 after due date: services may be terminated and reclaimed.

14) Reseller-Specific Terms

14.1 If a reseller package is canceled, bundled items (e.g., WHMCS license, support chat, gateway add-ons) may end immediately.
14.2 Resellers must keep accounts current; overdue reseller services suspend automatically.
14.3 Resellers are responsible for their downstream clients’ compliance.

15) VPN on BDIX VPS

15.1 VPN services are not permitted on BDIX VPS offerings.

16) Payment Reminders & Responsibility

16.1 Recurring orders are attempted on the monthly anniversary date. You must ensure sufficient funds are available and a valid, deliverable email is on file.
16.2 Once Tofinger dispatches a reminder, it is deemed valid notice even if filtered as spam or undelivered due to issues beyond our control.
16.3 Typical sequence:

  • Day 1: first reminder to update payment details

  • Day 3 & Day 5: second and third reminders

  • From Day 7: service may be temporarily suspended for non-payment

17) Public Feedback & Communications

17.1 We encourage contacting our Suggestions & Complaints team before posting negative public feedback.
17.2 Malicious, knowingly false, or defamatory public posts about Tofinger or staff may result in account termination (subject to applicable law and your rights).
17.3 If you disclose otherwise confidential interactions publicly, related confidentiality protections may be deemed waived for that content.

18) 30-Day Money-Back Guarantee (Hosting Only)

18.1 First-time shared/reseller hosting purchases may be eligible for a 30-day money-back (from order date or welcome email date, whichever is earlier).
18.2 Not eligible if:

  • You previously received a 30-day refund from Tofinger; or

  • The account was suspended/terminated for violations.
    18.3 The guarantee does not cover: domain registration, domain parking, licenses, SSL, dedicated servers, VPS, or overage fees.
    18.4 Plan changes (upgrades/downgrades, add/remove services) do not restart or extend the 30-day window.

19) Cancellations

19.1 You may request cancellation anytime from the Client Area:
Client Area → Services → My Services → [Product] → Management Actions → Request Cancellation
19.2 Month-to-month services require 5 days’ notice before the next billing anniversary to avoid being billed for the following cycle.
19.3 All dues must be cleared prior to cancellation. Except as expressly stated in the 30-day guarantee, no pro-rated or partial refunds are issued.
19.4 Cancellation requests are only accepted via the Client Area (not by email, phone, chat, or third parties). If you cancel recurring payments through a third party, we may treat that as your cancellation authorization and terminate immediately without further notice.

20) Agreement Changes, Renewal & Auto-Renew

20.1 Tofinger may modify these terms by publishing updates online. Continued use after publication constitutes acceptance.
20.2 The Agreement, account, and billing auto-renew unless canceled in writing through the Client Area before the renewal date.

21) Warranty & Website Disclaimer

21.1 To the maximum extent permitted by law, Tofinger disclaims all warranties (express or implied), including merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising from course of dealing or usage of trade.
21.2 Nothing in this disclaimer limits or excludes liability for:

  • Death or personal injury caused by negligence;

  • Fraud or fraudulent misrepresentation;

  • Any liability that cannot be limited or excluded under applicable law.
    21.3 The limitations in this section govern all liabilities arising in contract, tort (including negligence), or statutory duty.
    21.4 Where the website or Services (or portions thereof) are provided free of charge, Tofinger will not be liable for any loss or damage of any nature to the extent permitted by law.

Notes for Your Website

  • Replace bracketed items (e.g., dates, jurisdiction, links to Client Area).

  • If you have specific per-plan resource limits (e.g., some plans 200 emails/hour), adjust Section 5.2 accordingly.

  • If you want this merged into your main Tofinger Terms & Conditions page, place it after your general T&C, or keep it as a dedicated “AUP & Billing Policy” and link to it from the T&C.