Please read through these Terms and Conditions carefully, these Terms and Conditions apply to all services with us, unless otherwise stated.

Transcription

1 Terms and Conditions Last Updated 01/07/2014 Please read through these Terms and Conditions carefully, these Terms and Conditions apply to all services with us, unless otherwise stated. is a registered company in England and Wales. Registered Office:, 229 Bristol Road,,, UK. Use of HostMyData's Service constitutes acceptance and agreement to HostMyData's TOS (Terms of Service), SLA (Service Level Agreement). From herewith in this TOS and SLA, the usage of us, we, our, ours shall constitute reference to, the usage of you, your, they, them shall refer to client / customer of HostMyData. Acceptance of Contractual Agreement 1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by us, that you are agreeing to our TOS and SLA. No Modifications of said contract by customer is allowed. 2. We will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, TOS and SLA. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service. 3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will be suspended until customer's hosting plan is upgraded. Customer can then downgrade the following month. 4. We will not under any circumstances accept financial liability for sickness, stress, injury, loss of earnings, loss of data or failure of computer hardware, software, due to using our services, or advice given by staff. What may NOT be hosted on our network: - Copyrighted Software / Media - Child pornography - Info, tools or attempts related to hacking, phreaking, phishing, anarchy, virii or spam - Racist content - Proxy Servers - Bots of any kind - IRC Services including bouncers and egg drops - VPN Servers being used for services such as overseas TV viewing or torrenting. - Anything that degrades the performance of our server or degrades performance of ANY other server.

2 If you find any of the above materials hosted on one of our web servers, please report to Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited from our network, or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers. Network Uptime is the total time in a calendar month that Hostmydata network is available through the Internet, provided that Client has established connectivity. Hostmydata takes responsibility for Network availability within our network, however, we cannot be held liable for upstream problems outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99.9% of each calendar month. Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled Network Uptime above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Hostmydata's Network as confirmed by Hostmydata. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month. Scheduled Downtime is any Hostmydata scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via , Twitter/Facebook/Linkedin/Google+ or via the Customer Control Panel under Service Status, Scheduled downtime does not form part of the above guaranteed uptime agreement. * Unlimited Bandwidth Some of our accounts have a high or unrestricted traffic allocation. For those packages we ask that any traffic is related to the website or VPS servers intended purpose and is not used as a link farm, file store, media streaming (e.g. youtube style website), VPN or tunnelled web traffic including any data transfer that doesn t meet our Terms and Conditions. Each VPS is restricted to 300GB on our control panels. Once this limit is reached we will not stop your server. We will contact you for more information on your usage. Contact methods will be through our Client Area Ticketing system and you will receive notification via the main registered on your account. We expect a response within 24hours of this message being sent. Failure to acknowledge and reply to this message will result in account suspension at that time until a response is received. We reserve the right to charge overuse of data at our current rate.

3 SLA Network Violation Credit Customer can request a percentage refund of their monthly payment back if the server has downtime under of 99.9% in a 30 day period (excluding events of Force Majour). Account Credit will be given to re-imburse for the time the system was unavailable, this is determined by HostMyData Management. Calculations will be made based on the amount the customer pays each month, divided by the number of hours within the 30 day period, times the number of hours Network Outage was experienced. All credit payments will be made as account credit. Force Majour: We will not be liable for failure or delay in performing our obligations if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services. Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: Scheduled downtime Problems outside of HostMyData's network (upstream providers, or client's inbound connection) not effecting 100% loss to our network Interruptions or failure of individual service caused by client, their employees, client's customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilisation of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately. Domain Names: We do not accept responsibility nor do we make any warranty that the domain names(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs of the Customer incurred if the application for Registration is unsuccessful. The Customer should take steps to insure that their domain has been registered. The Company does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer. New domain names are registered by us in customers' names, however renewal of these domains remains the responsibility of the customer. Customers should take steps to note the renewal date of their domain name and ensure action is taken to pay for any renewal costs before the domain registration period terminates. We accept no responsibility for the renewal of domain names and subsequent loss of business nor related liability resulting in a domain name not being renewed. A successful transaction does not represent confirmation that the concerned domain has been

4 acquired or renewed by the customer. It is the customers responsibility to periodically check, ie at least monthly, to ensure that domain name(s) is/are active, and has not inadvertently expired. By registering a.uk domain name, you enter into a contract of registration with Nominet UK on the following terms and conditions. This is a separate contract to any arrangement you may have with any third party for the provision of internet services. Please read the following before proceeding with your order - Disclosure of customer information and legal process: Although we maintain strict confidentiality on Customer's information, there are certain exceptions in which we may disclose information in our possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. We have no obligation to notify Customer about whom the information is sought or that we have provided the information. Customer acknowledges the above exceptions and agrees to them without reservation. Payment: Establishment of this service is contingent upon receipt of payment from Customer to us. Subsequent payments are due on the anniversary date of the month for that month's service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account's monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services. Payments and Fees: Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a declination fee. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a 5.00 reconnect charge. Accounts not paid by due date are subject to a 5.00 late fee. Accounts that are not collectable by us may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a Processing and Collection Fee of not less than Fifty ( 50.00) nor more than One Hundred, Fifty ( )

5 Delinquent Accounts: We may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees. Delinquent Reseller/Hosting Accounts: A reseller is described as an individual or company that processes a registration of either a domain, web hosting or vps service where they are reselling/providing the service to the end customer. Services can be resold individually or using a reseller account both apply in these terms. An owner is described as the purchaser of the resold service. Should a/your reseller account become delinquent, and payment not made to us, resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the HostMyData billing department to resolve the issue will allow for the reseller's client to be able to purchase the server directly, and assume financial responsibility from that point forward. The balance must be paid entirely by the client prior to lifting the service suspension. Resellers shall not hold us responsible for failure to appropriately pay their invoices in a timely manor set forth in your original contracts. Owners must be prepared prove their ownership over the information stored within the account and we reserve the right to contact the delinquent host to confirm any information needed. If no contact can be made then HostMyData will hold the final decision on the accounts ownership. We also hold the right to terminate an account if a purchase agreement between the owner and purchaser cannot be made. Account Cancellation: All requests for cancelling any service / services must be made in writing with at least 30 days notice, failure to do so will result in being charged the full months invoice. Cancellation can be done by raising a support ticket in the HostMyData support panel to the Accounts & Billing Department. Refunds and Disputes: All payments to us are non refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in our discretion which is valid, under the terms and conditions of our SLA and TOS, will result in service interruption, and reconnection fees to restore the desired service.

6 Server Restore/Data Backup: We do backup your data, however we are not responsible for the restoration of data to server or hold no obligation to provide our backup data to customers. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. We shall not be liable for loss of data under any circumstance. Special Offers From time to time, we may offer a selection of money off/higher service specs offers. These offers are only valid for the period stated and can be changed, withdrawn or removed from an account at any time. These offers are offered under sole discretion of the management. We reserve the right to deny any customer any of these offers. Money Back Plan We offer a 7 day money back plan to new customers if they are not happy with their product. This only applies to customers who have not used their package for commercial purposes or purposes where that account is only needed for less than 7 days. You must contact the Billing department within 3 days of paying for the service if you are un-happy to make use of this plan. We reserve the right to decline money back if we feel the account has been used for its intended purposes. Refunded money will be paid via PayPal (if this was the original payment method) or as account credit. This offer applies to UK residents only. You agree to all of these terms when you sign up to us. We reserve the right to change these Policies at any time without prior notice or warning.