Terms of Service
Last Revised: 5 December, 2012.
- Terms and Conditions:
- This Agreement governs your purchase and use, in any manner, of all Web hosting service, ordered by you and accepted by us and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. “WebHostingUK” reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and or future customers. “WebHostingUK” may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following “WebHostingUK” posting of any changes or modifications will constitute your acceptance of such changes or modifications. We urge you to check our “Terms of Service” at least once in a month or when in doubt.
- Customer Status:
- By placing an order through our website “WebHostingUK.Com” and opening account with us, you warrant that
- You are legally capable of entering into obligatory contracts; and
- If You are an individual, You are at least 18 years old.
- “WebHostingUK” will setup your account after the payment is received and we and/or our payment partner(s) have screened the order(s) in case of fraud. The hosting account information will be sent via e-mail to the registered email address. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
- By placing an order through our website “WebHostingUK.Com” and opening account with us, you warrant that
- Payment, Cancellation & Refund Policies:
- Payment Policy:
- As consideration for “WebHostingUK” providing the Hosting Services hereunder, Customer agrees to pay us the aggregate fees based on the billing cycle for hosting services and the terms selected, which includes renewals. All due-payment notices will be sent by electronic mail to the registered email address on file; no invoices or bills will be sent via postal mail or fax. The prepayment is due each anniversary (monthly, quarterly or annually) following the date your account was established.
- Renewal invoices are generated 15 days in advance and sent to your registered e-mail address. It is your responsibility to ensure this e-mail address is kept up to date and can receive e-mails from any ‘@webhostinguk.com’ address. If the payment is not received, your account will be suspended 5 days after the official due date. Past the due date, we shall apply a non-negotiable late payment fee of £5.00 GBP to the Invoice. If no attempt is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data hosted.
- Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal.
- Account Cancellation:
- Shared Hosting and Reseller Hosting customers may cancel any time however VPS and Dedicated Server customers should inform at least 7 days prior due date by submitting a cancellation request via client portal or a written confirmation in the form of an email to billing@webhostinguk.com from the registered email address on the file with us.
- It is your responsibility to secure email confirmation from “WebHostingUK” that your account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will be continued to be invoiced.
- In case of restrictions violation by customer, “WebHostingUK” reserves the right to cancel the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services
- If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.
- Refund Policy:
- “WebHostingUK” offers 30 Day Moneyback Guarantee only on Shared and Reseller Hosting for customer who paid the first invoice with a credit card or with PayPal. On Dedicated Servers, Cloud Servers and VPS Hosting, no full refund is applicable. No credits or refunds will be provided for hosting time already expended, domain names and add-ons. Violation of any of the Terms and conditions mentioned on this page will result in immediate termination with no refund.
- 2CO vendors are not permitted to have a no-refund policy, please refer to Operating Regulations for 2Checkout.com
The Refund Policy shall be clear, complete and accurate, prominently posted and available for review by a Customer prior to the Customer being obligated for a purchase of Products of Supplier.
Unless otherwise agreed upon with 2CO in advance, Supplier’s Return Policy shall, at a minimum, indicate that Supplier will not reduce the amount of a Refund by the assessment of a “restocking fee” or any other charge (including shipping charges) for any Return that occurs in accordance with Supplier’s Return Policy, or for any Refund that is initiated by 2CO.
- Payment Policy:
- Service Level Agreement:
- Shared and Reseller Server Uptime Guarantee:
- “WebHostingUK” offers 99.9% uptime guarantee on its Shared and Reseller Hosting plans excluding planned, emergency or unscheduled server maintenance or conditions beyond our reasonable control. We will notify customers about the scheduled maintenance through our Forum or e-mail. If your shared/reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of “WebHostingUK” dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact billing@webhostinguk.com with justification. All requests must be made in writing via email. Server Uptime guarantee is only applicable for shared and reseller hosting. The total credit applicable would never be more than one month’s hosting charges paid by the customer at any time and for whatever reason.
- Dedicated Server and VPS Uptime Guarantee:
- Dedicated servers and VPS are covered by a 99.9 % network uptime guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee. The total credit applicable would never be more than one month’s hosting charges paid by the customer at any time and for whatever reason. Dedicated Server and VPS customers are solely responsible for the internal services uptime management as internal service downtime is not part of uptime guarantee.
- Hardware Failure:
- “WebHostingUK’s” technicians monitor the Servers round the clock to avoid downtime which can be caused due to several reasons such as server load or network. However, Hardware Failure is an uncontrollable disaster for which compensation is not applicable. During such occurrence, downtime can extend from 24-48 hours due to hardware and software replacement and data restoration.
- Shared and Reseller Server Uptime Guarantee:
- Spam Policy:
- “WebHostingUK” takes a zero tolerance approach to the sending of Unsolicited Commercial Email or SPAM over its network. The Client agrees to not utilize “WebHostingUK’s” Services in any manner to Spam and/or send unsolicited bulk e-mails. In the event that any Client breaches or fails to comply with any/or part of provisions set out in clause 5, “WebHostingUK” retains the right to suspend and/or terminate the Client’s Hosting Services.
- Content Policy:
- All services provided by “WebHostingUK” may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any English Law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless WebhostingUK.com from any claims resulting from the use of the service which damages the subscriber or any other party.
- Legal adult content as defined by UK law is allowed on our servers however potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. “WebHostingUK” will be the sole arbiter in determining violations of this provision.
- Sites that promote any illegal activity or present content that may be damaging to “WebHostingUK” servers or any other server on the internet are prohibited. Links to such materials are also prohibited.
- Examples of unacceptable material on all shared and reseller servers include: Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
- Examples of unacceptable material on dedicated servers include: Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
- Any illegal activity, including child pornography, spamming or hacking may result in your site being suspended and/or terminated without warning.
- “WebHostingUK” will be the sole arbiter as to what constitutes a violation of this provision. If in doubt regarding the acceptability of your site or service, pleases contact us at abuse@webhostinguk.com and we will be happy to assist you.
- Resource Usage:
- User may not:
- Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield 1942, etc
- Run cron entries with intervals of less than 15 minutes
- When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include
("http://yourdomain.com/include.php")
use include("include.php")
- User may not:
- Bandwidth Usage:
- Each hosting account is allocated a unit of monthly bandwidth depending on the hosting package purchased. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
- Backups:
- “WebHostingUK” performs Full daily and weekly backups of Shared, Reseller Servers and VPS Nodes. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content any information. The “Backup Manager” is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of WebhostingUK.Com, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, we will attempt to recover the data from the most recent archive however is not guaranteed. “WebHostingUK” strongly advise customers to regularly perform a backup of their web content.
- Customer Support:
- “WebHostingUK” provides technical support through live chat and helpdesk/e-mails. To make a complaint, customer may email our Feedback Department at feedback@webhostinguk.com and we will resolve your issue at the earliest. “WebHostingUK” telephone number is only for Sales line and technical support or complaints will not be entertained over the phone. To provide efficient service and comply with data protection laws, any requests for changes to your account such as billing information, password changes, server reboots or any other technical changes, customer must submit request through helpdesk or send the request by e-mail to support@webhostinguk.com from the registered e-mail address with us on file.
- Domain Registration:
- The Client acknowledges that all Domain Names are registered through a third party registrar, Enom. “WebHostingUK” shall utilize the registration system platform provided by Enom for any and all the related Domain Name Services. In an event that the Client fails to renew the Domain Name, “WebHostingUK” shall use reasonable endeavors to renew the Domain Name; further in an event that the expired Domain Name is pushed within the redemption period, the Client shall be fully responsible for any and all charges including without limitation one-time redemption fee as defined and set out by Enom or Nominet. All Domain Names and their usage shall be governed by the terms and conditions set forth by Enom and Nominet.
- Disclaimer:
- “WebHostingUK” shall not be responsible for any damages your business may suffer. “WebHostingUK” makes no warranties of any kind, expressed or implied for services we provide. “WebHostingUK” disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by WebhostingUK.Com and its employees.
- Indemnification Policy:
- You agree to use all “WebHostingUK” services and facilities at your own risk. “WebHostingUK” specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall “WebHostingUK” 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 “WebHostingUK” harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against “WebHostingUK’s” 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 “WebHostingUK” against liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise distributed in connection with a “WebhostingUK.Com” server;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customer from a “WebhostingUK.Com” server.
- WebhostingUK.Com shall be the sole arbitrator of what violates this Policy.
- Disclosure to Law Enforcement:
- “WebHostingUK” may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate completely with law enforcement agencies.