General Provisions of Server Hosted UK Limited
User acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Server Hosted UK Limited and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that Server Hosted UK Limited shall not be liable for any damages arising from such causes.
Server Hosted UK Limited is not responsible for any damages your business may suffer. Server Hosted UK Limited does not make implied or written warranties for any of our services. Server Hosted UK Limited denies any warranty of merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Server Hosted UK Limited.
Server Hosted UK Limited has the right to change prices, or add or delete product features of any existing product or service. All orders are subject to acceptance by Server Hosted UK Limited. Server Hosted UK Limited has the right to discontinue products or services at any time. Server Hosted UK Limited the right to amend its policies at any time.
Contract Term
Customer agrees to a monthly/quaterly/semi-annually/annually contract term for services based on their billing payemnt period unless otherwise agreed to in writing. The monthly/quaterly/semi-annually/annually contract for services is automatically renewed each period in perpetuity subject to written cancellation by the Customer. No cancelaltion of service possible once service commensed and no refund possible for that billing period. To cancel is service a written cancellation service must be given atleast 5 days ahead of next payment due date. Payment is due 5 days ahead of next billing period start date. Any payment later than first day of the billing period is subjectected to 10% late fee. If payment is not recieved by the 3rd day of the billing start date, servcie will be terminated without any written notifications and all customer data will be destroyed for security and privacy reasons.
24 Hour Money Back Guarantee
All our Products and Services are eligible for 24 Hour Money Back Guarantee, except for Domain registration or Transfer service. If you are not satisfied with our product or service, just request for a refund, we will refund the full amount to your account credit, and you can use it to order other services. But please keep in mind, we will process refund to your account only if there is some issue in the server or service and we can not assign a replacement server or service with 3 business days. First option is, we will assign you a replacement server or service. Still there is issue, we will process the refund to your account credit within 3 business days.
Cancellation
If for any reason you would like to cancel your service, please login to the Control Panel and click on the Cancel Request link on the left hand side of the screen. Account cancellations are effective at the end of your current billing period. You must put in your cancel request atelast 7 days before your next billing date. Failure to supply the advanced notice of cancellation will result in a full billable monthly cycle prior to cancellation. All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.
SPAM and Unsolicited Commercial Email (UCE)
Server Hosted UK Limited takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over the network. Very simply this means that customers of Server Hosted UK Limited may not use or permit others to use the network to transact in UCE. Customers of Server Hosted UK Limited may not host, or permit hosting of, sites or information that is advertised by UCE from other networks.
Violation of Server Hosted UK Limited SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Server Hosted UK Limited will initiate an immediate investigation (within 2 hours of notification). During the investigation, Server Hosted UK Limited may restrict Customer access to the network to prevent further violations. If a Customer is found to be in violation of our SPAM policy, Server Hosted UK Limited may, at its sole discretion, restrict, suspend or terminate Customer's account. Further, Server Hosted UK Limited reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Server Hosted UK Limited will notify law enforcement officials if the violation is believed to be a criminal offense. If Customer is found to be in violation of our SPAM policy, Customer shall not be entitled to a refund of any fees paid in advance prior to such violation and will impose fine $100 for first occurance, $250 for second occurance and $500 for the third occurance.
Bandwidth Usage
As part of our continuing effort to provide the best experience to all of our customers, Server Hosted UK Limited has created this Fair Use Policy for Internet Bandiwdth. This Fair Use Policy states important requirements regarding your use of the Internet Bandwidth Usage in your Servers. Server Hosted UK Limited Server Plans do not have set limits on bandwidth. Instead, we have a fair use policy which goes as follows.
Internet Bandwidth use is unlimited as long as, it is used as an integral part of your server, you are not intentionally abusing the service by using excessive bandwidth, you are not violating our terms and conditions, and you are not impeding our capability to provide other users with unlimited Bandwidth.
In other words, if you are adding content (images, files, text etc) to your site and using the service in the way it is intended to be used, then we will not limit the amount of bandwidth your server is consuming.
Our intention is that, as long as both parties are being fair, you should not have to worry about bandwidth limits. We'll take care of these sorts of issues so you can concentrate on growing your business.
If, however, you are attempting to take advantage of the service by distributing large files or streaming excessive video or hosting torrents or something similar or hacking/spamming, then we will request that you cease doing so or shutdown your server until issue is solved.
Cloud Server Bandiwdth, CPU, Memory and Drive Usage
For all types of Cloud Server, CPU/Memory/Drive Usage is limited to an average of 50-60%. You can use 100% CPU/Memory/Drive for short Intervals, but not continuously. If you need to use 100% CPU/Memory/Drive continuosly, Please change to Dedicated Servers.
IP Usage
Most services are offered with one designated Public IP. Customers are entitled to use only this IP unless they buy additional IP by pay extra. If any other IP is used accidently or intentially, all the services offerd to that custoerm will be stopped right away and a fine of $100 fine will be imposed. Service won't be enabled until fine is paid and the IP usage is stopped.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the Server Hosted UK Limited. Violations of system or network security may result in civil or criminal liability. Server Hosted UK Limited will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
These violations include, without limitation: accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled. If Customer is found to be in violation of our System and Network Security policy, Server Hosted UK Limited may, at its sole discretion, restrict, suspend or terminate Customer's account. Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
Suspension of Service
Server Hosted UK Limited reserves the right to terminate or suspend network member access to any Customer if in the judgment of the Server Hosted UK Limited network administrators that the Customer's website is the source or target of a network attack or is found to be in violation of any of the other terms of the AUP or TOS or for any other reason which Server Hosted UK Limited chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Customer will not be credited for the time the Customer's account was suspended. If Customer is found to be in violation of any Server Hosted UK Limited policy, Server Hosted UK Limited may, at its sole discretion, restrict, suspend or terminate Customer's account. Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Abusive behavior of any sort will not be tolerated and will be grounds for termination. Server Hosted UK Limited has the right to deny an order or service renewal for any reason Server Hosted UK Limited chooses.
Data
Server Hosted UK Limited agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
Data Backup and Restore
User acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Server Hosted UK Limited and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that Server Hosted UK Limited shall not be liable for any damages arising from such causes and damage of Data. It is customers duty to secure Data and take regular Daily backup of data.
Chargebacks and Fraudulent Transactions
All chargebacks are thoroughly investigated and may add you to a blacklist with our processor which will complicate future online purchases. Denying a purchase that you have made is illegal and will result in an investigation which can lead to heavy fines or other legal action toward you. Your credit rating can be affected by false claims of fraud. If you have any questions or concerns, please contact us to clarify the matter.
Identity Use
Customer agrees to use Server Hosted UK Limited logo, Server Hosted UK Limited information, and related services in accordance to the approved marketing guidelines. Server Hosted UK Limited agrees not to use Customer name, logos, or information without prior written consent of Customer.
Limitation of Liability
Except as described in the SLA, Server Hosted UK Limited shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this Agreement, the maximum aggregate liability of Server Hosted UK Limited and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for hosting services for the (6) months prior to the occurrence of the event(s) giving rise to the claim.
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