0.1 This agreement is between Cloud Unboxed Limited - registered in England and Wales at 1st Floor, 79b Front Street, Chester-le-Street, Durham, DH3 3BJ with company number 08808740 - (herein referred to as "We" or "Us" or "Our") and You as the Customer (herein referred to as "You" or "Your" or "Customer" or "Customers" or "Client" or "Clients") regarding Our hosting products and services. The use of "Staff" or "Agent" or "Agents" herein refers to any employee, director or representative of Cloud Unboxed Limited.
0.2 The use of "Account" or "Accounts" or "Package" or "Packages" or "Product" or "Products" or "Service" or "Services" herein signifies any product or service We make available, including but not limited to: web hosting, cloud hosting, business hosting, reseller hosting, domain name registration, domain name transfer, DNS hosting, content delivery network, VPS, virtual server, cloud server, storage server, cloud load balancer, cloud database, cloud firewall, private cloud, managed hosting, server backup, server management, G Suite by Google Cloud, and Microsoft Office 365.
0.3 "Suspend" or "Suspension" or "Suspended" is the temporary shut down, ban or disablement of an Account or Accounts or Service or Services.
"Terminate" or "Termination" or "Terminated" is the permanent closure of an Account or Accounts or Service or Services and deletion of all subsequent data, thus Termination is irreversible.
0.4 From time to time We may amend, add or remove points, paragraphs or clauses from Our Terms of Service. We may not always inform You in advance of changes to Our Terms of Service where We believe such changes will not materially disadvantage You. However We will use Our best efforts to notify You in advance of changes to Our Terms of Service that may impede Your Services.
0.5 We provide all customer, technical and billing support in English only. We cannot be held responsible in any way for problems, issues or faults due to translation and/or language breakdown.
0.6 Our Products and Services are available to individuals and companies in most countries around the world, however You must use the Products and Services in compliance with UK laws & regulations in addition to Your local laws & regulations. We reserve the right to refuse, cancel and/or terminate Your Services, with or without prior notice, at Our sole discretion, where We believe Your use of a Product or Service may be unlawful.
0.7 We reserve the right to change, edit or alter the specifications of Our Products and Services at any given time, though We will use Our best efforts to notify You in advance of such changes, edits or alterations.
0.8 You must be at least 18 (eighteen) years of age to make use of any of Our Products and Services. We may ask that You provide valid proof of age and/or identification before activating any Accounts or Products or Services.
1.1 When You order a new Product or Service from Us an invoice will be automatically generated. We must receive payment in full for this invoice before Your Product or Service is activated. Failure to receive payment in full within 5 days will see Your order deleted.
1.2 With the exception of Domain Names, SSL Certificates and unless otherwise explicitly stated in Your order, all Products and Services run on a monthly rolling contract. This means Your Product or Service will automatically renew every month until You cancel.
1.3 We will automatically generate invoices 7 (seven) days in advance of Products and Services that are renewing. We will receive automatic payment from You if there is a PayPal Subscription or other valid means of scheduled billing. Else, You are expected to make payment in full for the invoiced amount on or before the renewal date of the invoice.
1.4 If We are not in receipt of payment in full for the invoiced amount upon the invoice renewal date, Your Product or Service shall enter the overdue period. The overdue period runs 30 (thirty) days starting from the renewal date as shown on Your invoice. With the exception of Domain Names and SSL Certificates, we will make reasonable efforts to ensure Your Product or Service remains active, available or live during the overdue period. However, We reserve the right to Suspend Your Product or Service at any time during the overdue period, at our sole discretion, where We have not received payment in full for the invoiced amount.
1.5 If We are not in receipt of payment in full for the invoiced amount following the 30th (thirtieth) day of the invoice renewal date, Your Product or Service will be Terminated. Under The Late Payment of Commercial Debts Regulations 2013, we may exercise Our right to charge interest on any unpaid invoices at the rate of 8% plus the Bank of England base rate for business to business transactions.
1.6 All billing and invoice transactions including billing and invoice support are processed during 9AM through 5PM GMT or BST where applicable, Monday through Friday, excluding all UK public and bank holidays.
1.7 From time to time it may be necessary to increase Our Products and Services pricing to offset third party cost increases beyond our control. Such third party costs may include, but are not limited to, inflation, exchange rates, utility power, data centre, transit provider and so forth. We aim to provide no less than 90 days of notice to You regarding price increases to any Product or Service to which you subscribe. If Your Product or Service is contracted to a length that extends such notice period, and You do not wish to accept the price increase, We may upon discussion authorise an early termination of Your Product or Service contract, at Our sole discretion.
1.8 Cloud Unboxed Limited is registered for VAT in the United Kingdom with registration number GB 186 3462 83. Therefore, sales to individuals and companies within the United Kingdom will incur VAT at the UK standard rate. Additionally, sales to individuals and companies located in EU Member States will incur the VAT rate of their respective country of origin. Should You operate a VAT registered company outside of the United Kingdom but within the European Union it may be possible to 'reverse charge' any Value Added Tax when You provide Us with Your valid VAT registration number. Customers whose legal trading entities are outside of the United Kingdom or European Union will not incur such VAT.
1.9 All Products and Services are invoiced and billed in GBP, Great British Pound Sterling currency by default. Some Products and Services are advertised and available for invoicing and billing in USD, United States Dollar currency for Your convenience. Please note that currencies other than GBP are subject to exchange rate fluctuations, which are beyond Our control. This means the prices of Your Products and Services invoiced and billed in currencies other than GBP are likely to change over time and/or between invoice periods. We cannot be held responsible for any changes in Product or Service price due to such fluctuations.
1.10 From time to time We offer products and services on 'free trial' or reduced price periods. Typically, We publish the end date of such offers on Our web site. In cases where the offer end date is not published, known as an open-ended offer, We may serve a 30 day notice of offer end date via e-mail and/or support ticket. After 30 days of serving this notice, the regular billing schedule and price of the product or service will apply until the product or service is cancelled.
2.1 You may request the Cancellation of Your Products or Services by creating a support ticket via our Portal available at https://portal.cloudunboxed.net, sending an email to firstname.lastname@example.org, or sending a postal letter to our Registered Address as defined in clause 0.1.
2.2 Cancellations are processed by Our billing department whose working hours are defined in clause 1.6. Please consider and make an allowance for the working hours as set out in clause 1.6 and any possible delays that We may encounter to inflict the receipt and/or processing of Your cancellation request.
2.3 Under The Consumer Contracts Regulations 2013, if You are dissatisfied with Your Products or Services You have the right to request cancellation within 14 (fourteen) working days of Your Products or Services becoming active, available or live.
2.4 Upon receipt of Your cancellation request, Your Products or Services will be Terminated at the end of the current billing period, unless You have requested an immediate cancellation and Termination request. We may not issue You with notification or timescale or warning before Terminating Your Products or Services.
3.1 If You request cancellation within 14 (fourteen) working days of Your Products or Services becoming active, available or live, We will issue You with a refund EXCLUDING the used or consumed value of Your Products or Services up until the point of cancellation. This clause may be used only once per Customer.
3.2 With the exception of clause 3.1 and/or a billing problem or fault on Our part, We reserve the right to refuse any refund request.
3.3 We cannot issue a refund for Products and Services which may be used or wholly consumed after cancellation, such as but not limited to Domain Names, SSL Certificates and Security Tools.
3.4 We will not issue You a refund for any credit You may have with Us.
3.5 We endeavour to issue all refunds within 7 (seven) working days of receipt of cancellation, where working days and working hours are defined in clause 1.6.
3.6 We will only issue a refund using the same method of payment as when You purchased Your Products or Services.
3.7 Occasionally, unexpected delays may be encountered when provisioning Your Products and Services. If We have not successfully activated, made available or made live Your Products or Services within 5 working days of your date of order, We will issue You a full refund for such Products or Services.
3.8 All refunds are issued at Our sole discretion.
4.1 You agree that You are liable for all charges levied by Your telephone and/or Internet access provider arising from contact with our Agents.
4.2 Our Agents are kind, friendly and not aggressive towards customers, thus We expect the same attitude to be shown towards them. If We believe that You are repetitively abusive towards any of Our Agents, We reserve the right to suspend and/or terminate Your Services immediately without any prior warning. As such, We will not tolerate any of the following: use of profanity, aggressiveness, rudeness, threatening or any other type of abuse.
4.3 Telephone support for Products and Services is available between the hours of 9AM through 5:30PM GMT or BST where applicable, Monday through Saturday, excluding all UK public and bank holidays.
4.4 Ticket, e-mail and live chat support for Products and Services is available between the hours of 8:30AM through 7:30PM GMT or BST where applicable, Monday through Saturday, excluding all UK public and bank holidays.
5.1 The terms set out in clause 5 are applicable only to Our web hosting, cloud hosting, business hosting and reseller hosting Products.
5.2 We will try but cannot guarantee to provide support for any third-party scripts or software that You may have installed or uploaded on Your hosting Product.
5.3 All web hosting, cloud hosting, business hosting and reseller hosting servers are backed up overnight to a secure off-site location. We use TLS encryption technologies to ensure such data transfer over the public Internet is secure. Whilst We make every effort to ensure working backups are made of Your files, We cannot be held responsible for any loss of data as a result of a system failure or the negligence of You or Us.
5.4 You have the ability to create and download full web site backups at any time through Your 'cPanel' software interface. We advise You to make use of this ability at regular opportunities, and/or implement an alternate method of backup for Your additional safety.
5.5 Some Products allow You to choose or set the location You wish for Your Product to be hosted. This is on an "as available" basis; if the location You choose is at full or near full capacity, We will provision Your Product elsewhere in another location at our discretion.
5.6 Our web hosting, cloud hosting, business hosting and reseller hosting Products operate on a shared IP basis, whereby Your site may be hosted on an IP address that is shared between many other sites or Customers. Some Customers may request an SSL Certificate to be installed on to their Product, in such cases this is undertaken through the use of Server Name Indication which is an extension to the TLS protocol. Due to depleting IP address availability We are not able jusitfy private or dedicated IP addresses to web hosting, cloud hosting, business hosting and reseller hosting Products.
5.7 Customers with a Reseller Hosting Product are responsible for supporting their own customers at all times. It is essential to possess basic knowledge and troubleshooting techniques of common web hosting problems, so that You are able to support and address simple faults without the intervention of Us. Should a more severe or server-side fault occur, We will be happy to deal with You to resolve such fault. We shall not deal with or contact Your customers directly under normal circumstances.
5.8 Should an account belonging to a Reseller Hosting Customer violate Our Terms of Service, under most circumstances We shall only terminate the specific account in question, without prior warning or notice. We shall notify the Reseller Hosting Customer of such termination and a brief explanation of why the termination was undertaken. Should the Reseller Hosting Customer host multiple accounts that violate Our Terms of Service, We may, at Our sole discretion, terminate the Reseller Hosting Customer's account in its entirety, without prior warning or notice.
5.9 You should never consider files stored on Our web hosting, cloud hosting, business hosting and reseller hosting servers as private. From time to time We conduct a search and inspection at random of files stored on Our web hosting, cloud hosting, business hosting and reseller hosting servers. Subsequently, should We find any files that are in breach of Our Terms of Service We will notify You by Ticket and allow You 24 hours to remedy the situation. We may, in some scenarios, erase such files with or without prior notification to You, then issue You with a warning. If We find multiple breaches of our Terms of Service We reserve the right to terminate Your Product, at our sole discretion.
5.10 All web hosting, cloud hosting, business hosting and reseller hosting Products have SSH "Shell" access disabled by default. This procedure is enforced to better protect Our servers and customer data stored upon them. We may, in some scenarios and at Our sole discretion, enable SSH access for some customers providing there is a genuine requirement for this feature, and We are confident the security of Our server shall not be compromised.
5.11 It is prohibited for any Customer of our web hosting, cloud hosting, business hosting and reseller hosting Products to send or attempt the sending of more than 100 e-mails per hour. As such, restrictions are in place in attempt to restrict the amount of e-mails sent to no more than 100 per hour, and where such restrictions should be met any further e-mails during that hour will be permanently undelivered. Customers should not under any circumstances use the service to send mass e-mails such as newsletters, promotions or mailshots, but instead utilise specialist platforms designated for such purposes.
5.12 We utilize CloudLinux LVE technology to ensure each Customer receives a fair share of server resource allocation, as defined by their Product limits. A detailed explanation of CloudLinux LVE and the implications imposed by this technology can be found at https://portal.cloudunboxed.net/knowledgebase/28/What-is-CloudLinux-LVE-and-what-are-my-limits.html.
5.12.1 All Products are advertised with their respective CloudLinux LVE resource allocations. For Your convenience, the resource allocations of popular Product plans and limits are outlined below:
• Home-L plan: Up to 1GHz CPU, 300MB RAM, Up to 6 processes, Up to 30 MySQL connections, 1MB/s storage speed, 50,000 files/folders
• Home-XL plan: Up to 2GHz CPU, 800MB RAM, Up to 10 processes, Up to 30 MySQL connections, 2MB/s storage speed, 100,000 files/folders
• Home-XXL plan: Up to 4GHz CPU, 1.5GB RAM, Up to 15 processes, Up to 30 MySQL connections, 3MB/s storage speed, 150,000 files/folders
• Pro-L plan: Up to 3GHz CPU, 1GB RAM, Up to 10 processes, Up to 30 MySQL connections, 10MB/s storage speed, 150,000 files/folders
• Pro-XL plan: Up to 6GHz CPU, 2GB RAM, Up to 15 processes, Up to 30 MySQL connections, 15MB/s storage speed, 300,000 files/folders
• Pro-XXL plan: Up to 9GHz CPU, 4GB RAM, Up to 20 processes, Up to 30 MySQL connections, 20MB/s storage speed, 450,000 files/folders
6.1 The terms set out in clause 6 are applicable only to Our VPS, virtual server, cloud server and storage server Products.
6.2 We aim to deploy and activate all VPS, virtual server, cloud server and storage server Product orders within 30 minutes during Our regular working hours as defined in clauses 4.3 and 4.4.
6.3 All VPS, virtual server, cloud server and storage server Products are "self-managed" by default. This means We are only responsible for ensuring the host node hardware and network remains online; it is Your job to ensure You install, set up and correctly configure all software on Your server. In the event of software problems with Your server, We can offer You pointers and tips on a best effort basis to help You resolve problems, however such offerings come without any guarantees. If You wish for Us to manage the software on Your server, You may purchase one of Our Server Support packages at additional monthly fee.
6.4 It is not possible for Us to move or migrate VPS, virtual server, cloud server and storage server Products from one location to another.
6.5 You may have the ability to upgrade the storage space - HDD or SSD - of Your VPS, virtual server, cloud server and storage server Product to a specific maximum size as displayed in the Upgrades area of Our Portal available at https://portal.cloudunboxed.net. However, it is not possible to downgrade the storage space of any VPS, virtual server, cloud server and storage server Product at any time due to a high risk of inducing data loss and/or corruption.
6.6 Upon the failure or imminent failure of a hardware node whereby We can access Your data, We will use Our best efforts to migrate and restore Your server to another node. If such restoration completes successfully, Your server will be restored to its last working state.
6.7 Upon the failure of a hardware node whereby We can not access Your data, We will use the latest available backup of Your data to restore Your server to a new hardware node. If such restoration completes successfully, Your server will be restored to its previous working state moments before the last backup was taken. If We do not have access to any backups or Your backup data is corrupted, We will inform you and allow you to choose whether to continue with a new VPS, virtual server, cloud server and storage server Product or terminate Your Product.
6.8 We frequently add, remove and sometimes modify ISOs and Operating System Templates regularly. Therefore, to prevent the risk of data corruption or server failure, You should not rely on any files from an ISO or Operating System Template for prolonged use over time.
7.1 Our server support Services and managed hosting Products are designed to offer support and guidance for Customers who host web sites on their servers. As such, we aim to support common Linux distributions and their packages relating to web hosting.
7.2 Our technicians are trained to work with CentOS and Ubuntu Linux distributions, and are able to support common hosting-related packages. Our supported package list includes: SSH, Apache, Nginx, Varnish, MySQL, PHP, PHP-FPM, haproxy, ProFTPd, PureFTPd, Exim, Dovecot, Courier, BIND, MyDNS, PowerDNS, Redis.
7.3 Should You ask Us for support and/or guidance toward a package, configuration, operating system or other item that is outside of Our supported package list, not customary to our technicians or marked as "End of Life" or "End of Support" by its manufacturer, publisher or maintainer, We will offer Our support on a non-standard best-effort basis. We are not able to guarantee the availability or quality or security for such non-standard best-effort support and any such support is delivered at Your risk and liability.
7.4 The standard support hours of Our server support and managed hosting Products and Services are defined as 8:30AM through 7:30PM GMT or BST where applicable, Monday through Saturday, excluding all UK public and bank holidays.
7.5 The extended support hours of Our server support and managed hosting Products and Services are defined as any time outside of standard support hours, 365 days per year, including all UK public and bank holidays. We operate with limited skeleton staff during extended working hours.
7.6 We endeavour to reply to all support issues raised through ticket, e-mail and live chat within 20 minutes during our standard support hours. We will use our best efforts to reply to tickets and e-mails during our extended support hours, however We cannot guarantee a response time.
7.7 Customers of Our managed hosting Products and/or Basic management and Full management support Services can make use of our 24-hour 365-day extended support service available via telephone. This service is designated for "urgent" or "site down" or "site unusable" scenarios where immediate technical response is required. This service is available by calling our main telephone number (033 0088 2444) and choosing option 4 (Managed Hosting Services). This service may be removed, revoked or blocked to Customers who frequently misuse it.
7.8 Our server support Services and managed hosting Products feature server IP ping uptime monitoring every minute, and HTTP-status web site uptime monitoring every five minutes. Should We be alerted to more than one sequential failure of the ping and/or HTTP-status uptime monitoring, We guarantee to respond within 20 minutes during Our standard support hours, or within 40 minutes during Our extended support hours.
7.9 As part of Our server support Services and managed hosting Products We are able to offer guidance and advice on web site visitor load testing, web site vulnerability testing and PCI-DSS compliance testing. We are able to undertake visitor load testing and vulnerability testing on Your web site directly, however such services are chargeable at an additional one-off or monthly fee depending on Your requirements.
7.10 As part of Our server support Services and managed hosting Products We are able to offer guidance and advice on suitable encryption of sensitive customer or core business data. Our technicians are able to offer encryption services to your requirements, however there may be an additional one-off or monthly fee for such services depending on Your requirements.
8.1 The terms set out in clause 8 are applicable only to domain name registration, domain name renewal and domain name transfer Services as offered by Our brands.
8.2 Placing a domain name registration order with Us acknowledges You are giving Us permission to register an otherwise unregistered domain name on your behalf. You agree that Your name, postal address, e-mail address and telephone number (or such details of Your company or organisation) will be publicly viewable via a WHOIS lookup. You are required to keep Your details accurate and up-to-date at all times. Failure to do so may result in Your domain name being suspended. Should Your details change at any time, You are obliged to update them through the use of Our Portal available at https://portal.cloudunboxed.net, or by sending a ticket or e-mail with your updated details and requesting them to be updated accordingly.
8.3 Placing a domain name renewal or domain name transfer order with Us acknowledges You are giving Us permission to renew a domain name You already own on Your behalf. You agree that Your name, postal address, e-mail address and telephone number (or such details of Your company or organisation) will be publicly viewable via a WHOIS lookup. You are required to keep Your details accurate and up-to-date at all times. Failure to do so may result in Your domain name being suspended. Should Your details change at any time, You are obliged to update them through the use of Our Portal available at https://portal.cloudunboxed.net, or by sending a ticket or e-mail with your updated details and requesting them to be updated accordingly.
8.4 In some scenarios it may be required for You to provide Us with an EPP code, transfer secret, change or update of an IPS tag, or other registrar-specific details, in order to fulfil a domain name transfer in to Us. Similarly, in order to fulfil a domain name transfer away from Us you may request an EPP code, transfer secret, change or update of an IPS tag, or other registrar-specific details through the use of Our Portal available at https://portal.cloudunboxed.net, or by sending a ticket or e-mail.
8.5 Many domain name registrations, renewals, transfers and updates enforce registrant validity checking. This is done by sending a confirmation e-mail to the address on the WHOIS of Your domain name. Typically, a 15 day grace period is given for You to follow the instructions in the confirmation e-mail and verify Your domain name, however the length of grace period may vary. Should You fail to confirm Your domain name within the grace period, the domain name will be suspended and may be terminated. Termination is irreversible and the domain name invoice is not refundable.
8.6 We are able to offer “WHOIS Privacy Protection” to personal (home) users on some TLDs (i.e. .com, .co.uk, .net). If WHOIS Privacy Protection is selected, some or all of Your personal details such as contact name, postal address, e-mail address and telephone number will be excluded from Our WHOIS database. Instead, Our details will be in place in the WHOIS database for Your domain; any e-mails We receive on your behalf will therefore be forwarded on to You, however We will not accept telephone calls or postal letters on Your behalf and any such calls or letters will be disregarded.
8.7 We allow the registration or renewal of domain names for a regular period of 1 year (365 days), with the exception of .uk domain names which are registered or renewed for a minimum of 2 years (730 days). Domain names will expire on the last day of Your registered period. Should You fail to renew Your domain name during its registered period, the domain name will then enter a retention deadlock period to prevent others from immediately registering this domain should You wish to re-register it. This retention period lasts for approximately 30 days for most domain names, except .uk, of which the retention period is 60 days. Should You wish to re-register your expired domain name during the retention period, there may be an additional (variable) administration fee applicable, in addition to the regular renewal cost. Once a domain name has passed the retention period We have no control over the domain as it becomes a publicly unregistered domain name. Should You wish to attempt to re-register a domain name that has passed the retention period, You may do this via regular domain name registration, however there are no guarantees You will be able to re-establish ownership the domain name.
8.8 We make every effort to notify You of the domain names You have with Us that are soon to expire; as such, we send e-mails 50, 40, 30, 10 and 5 days in advance to the domain name expiring to the registered e-mail address in Our Portal available at https://portal.cloudunboxed.net. We accept no liability for expired domain names should You miss these e-mails, if they fail to deliver, if they are flagged as spam, You do not personally receive them and such like.
8.9 When You register, renew or transfer a domain name with Us, by default this domain name will be configured to use Our nameservers. With this configuration You may alter, arrange and edit the DNS records for Your domain name through the use of Our Portal available at https://portal.cloudunboxed.net. If You have a web hosting, cloud hosting, business hosting or reseller hosting Product with Us, You may request that Your Product is linked with Your domain name(s) to edit Your DNS settings.
8.10 Our Portal available at https://portal.cloudunboxed.net offers the ability to control Your domain name's contact WHOIS details, point to alternate or external or third party DNS servers, edit the domain name registrar lock where applicable, and request Auth Info including EPP codes where applicable. In order to perform any other issues or activities on Your domain name(s) You may submit a ticket, send an e-mail or telephone us.
8.11 You acknowledge that You will not be able to change registrars of any domain name within the first 60 days of registration, renewal or transfer. This applies to all domain name renewals and domain name transfers to Us.
8.12 We reserve the right to refuse the registration or transfer of domain names that We deem, at our sole discretion, to be rude, offensive, objectionable or an infringement of copyright.
8.13 From time to time We may offer domain name registration and/or domain name transfer services free of charge with the purchase of select Products and Services, or otherwise under special offer, marketing, promotional or retention deals. Unless explicitly stated otherwise, free domain name offers or deals are only applicable for one registration period; after which, domain name renewal will be chargeable at the prices as published on Our web sites and/or in Our Portal. Transferring Your free domain name(s) from Our service to a new registrar will incur an administration fee of £20 per domain name.
8.30 If ordering or transferring a .me domain with Us, the terms from doMEn viewable at the following link(s) apply in conjunction with Ours:
You may view WHOIS information using the doMEn WHOIS tool at https://domain.me/whois
8.31 If ordering or transferring a .uk domain with Us, the terms from Nominet viewable at the following link(s) apply in conjunction with Ours:
You may view WHOIS information using the Nominet WHOIS tool at http://www.nominet.org.uk/uk-domain-names/about-domain-names/domain-lookup-whois/whois-tool
8.32 If ordering or transferring a .eu domain with Us, the terms from EURid viewable at the following link(s) apply in conjunction with Ours:
You may view WHOIS information using the EURid WHOIS tool at http://www.eurid.eu/en/whois-search
8.33 If ordering or transferring a .in domain with Us, the terms from INRegistry viewable at the following link(s) apply in conjunction with Ours:
You may view WHOIS information using the INRegistry WHOIS tool at https://registry.in/
8.34 If ordering or transferring a .org domain with Us, the terms from Public Interest Registry viewable at the following link(s) apply in conjunction with Ours:
You may view WHOIS information using the Public Interest Registry WHOIS tool at http://pir.org/whois/
8.35 If ordering or transferring a .biz domain with Us, the terms from Neustar viewable at the following link(s) apply in conjunction with Ours:
You may view WHOIS information using the Neustar WHOIS tool at http://www.whois.biz/
8.36 If ordering or transferring a .info domain with Us, the terms from Afilias viewable at the following link(s) apply in conjunction with Ours:
You may view WHOIS information using the Afilias WHOIS tool at http://www.info.info/find-a-domain
8.90 If ordering or transferring any other TLD extension domain with Us, the generic terms from ICANN viewable at the following link(s) apply in conjunction with Ours:
You may view WHOIS information using the InterNIC WHOIS tool at http://www.internic.net/whois.html
9.1 The terms set out in clause 9 are applicable only to SSL Certificate Products as offered by Our brands.
9.2 If ordering, installing or otherwise making use of an SSL Certificate provided by Comodo CA, the terms from Comodo viewable at the following link(s) apply in conjunction with Ours: https://ssl.comodo.com/terms.php.
9.3 If ordering, installing or otherwise making use of an SSL Certificate provided by Lets Encrypt CA, the terms from Lets Encrypt viewable at the following link(s) apply in conjunction with Ours: https://letsencrypt.org/repository/.
9.4 You will ensure that the information submitted for the purposes of an SSL Certificate is current, accurate and complete. If and when such information changes, You must update the information in compliance with the associated Certificate Authority (CA) terms.
9.5 Due to strict security, maintenance and management policies, We are not able to permit or install third party provided SSL Certificates on any Product or Service at this time. Thus, only SSL Certificates ordered or purchased or activated through Us are supported on Our Products and Services.
9.6 We are able to fully support all SSL Certificates provided by Us when used on Our web hosting, cloud hosting, business hosting and reseller hosting Products, or when used with Our server support Services, or used on Our managed hosting Products. Should You self-host Your SSL Certificate on a VPS or dedicated server, or if Your SSL Certificate is hosted on an alternate web hosting provider, We shall offer our support on a best effort and complimentary basis. As such, we cannot fully guarantee to install / maintain / troubleshoot SSL Certificates hosted on alternate hosting providers or VPS or dedicated servers.
10.1 The terms set out in clause 10 are applicable only to Our server backup Products and Services.
10.2 Our R1Soft Continuous Data Protection Product is a managed Product. This means We are responsible for the installation, maintenance and troubleshooting of the R1Soft software on Your server. As part of such management We must hold Your server's root login details at all times to perform any maintenance and troubleshooting. Our R1Soft Continuous Data Protection Product requires a Linux server of CentOS, Debian or Ubuntu distribution and a patched Kernel version supported by R1Soft. Typically We are able to install the R1Soft software on most Linux servers without encountering issues, however We cannot be held responsible for any incompatibility or problems arising from the use or installation of the R1Soft software.
10.3 Our cPanel Backup powered by cPremote and cPanel Backup powered by JetBackup Products are managed Products. This means We are responsible for the installation, maintenance and troubleshooting of the cPremote and/or JetBackup software on Your server. As part of such management We must hold Your server's root login details at all times to perform any maintenance and troubleshooting. Our cPanel Backup powered by cPremote and cPanel Backup powered by JetBackup Products require a Linux server of CentOS or CloudLinux, distribution and cPanel+WHM or cPanel+WHM VPS Optimized software installed. Typically We are able to install the cPremote and/or JetBackup software on most cPanel servers without encountering issues, however We cannot be held responsible for any incompatibility or problems arising from the use or installation of these softwares.
10.4 Our FTP/rsync backup space Product is an unmanaged Product. This means We supply You with a username and password that can be used for FTP or rsync (SSH) logins to gain access to Your backup space. We do not provide any software or backup technology with Product and so You must configure software of Your own to utilise this backup space. The backup space is encrypted on Our servers and is only accessible to You with the use of Your username and password. Should you lose this username and password it is difficult for Us to reset Your password without permanently losing Your data.
10.5 Some server backup Products allow You to choose the desired location in which Your server backup Product should be hosted. This feature is subject to availability, and should there be no available capacity in the location of Your choice We will automatically provision Your backup space in the nearest location to Your selection.
10.6 We can provide and ship a flash drive or external hard disk containing an encrypted copy of Your backups, which We advise You to request at least once yearly for full peace of mind. The cost for this service, not including any applicable tax or VAT or customs duty or sales duty or import duty, is:
£60 for Products or Services totalling up to 60GB data
£95 for Products or Services totalling up to 500GB data
£120 for Products or Services totalling up to 1TB data
£160 for Products or Services totalling up to 3TB data
10.7 We make every effort to ensure working corruption-free backups are made of Your data; however We cannot be held responsible for any loss of data as a result of a system failure or the negligence of You or Us.
11.1 The terms set out in clause 11 are applicable only to Our G Suite by Google Cloud and/or Microsoft Office 365 Products and Services.
11.2 For Customers ordering or making use of any G Suite by Google Cloud Products and Services, the terms from Google viewable at the following link(s) apply in conjunction with Ours:
11.3 For Customers ordering or making use of any Microsoft Office 365 Products and Services, the terms from Microsoft viewable at the following link(s) apply in conjunction with Ours:
11.4 We offer free email migration from existing IMAP or POP3 email servers/services to G Suite by Google Cloud and Microsoft Office 365, however some conditions apply:
11.4.1 Respective email data to be migrated must be stored on the origin mailserver. If emails are downloaded to, for example, a desktop or mobile device and erased from the origin mailserver, migration fees may apply, or in some circumstances migration may not be possible.
11.4.2 The first five (5) inboxes/accounts per domain name are included. Any subsequent inboxes/accounts which require migration will be charged at a rate of £20 each.
11.4.3 Whilst we make every reasonable effort and endeavour to wholly copy each and every email message, content, attachments and contacts, we are unable to guarantee the integrity or completeness of any migration.
12.1 We believe You should be able to use Your Products and Services the way You wish to use them, which may include hosting a personal or business web site, sharing images and photos, storing video and music clips, and sending & receiving e-mails. However, You must not use Your Products and Services in any way which We believe, at Our sole discretion, may be unlawful, indecent or objectionable.
12.2 Our network, Your Products and Services must not be used for any of the following activities, including but not limited to:
• Illegal use, including supporting or encouraging any type of illegal activities. We reserve the right to work and cooperate with the appropriate authorities and/or businesses regarding illegal use or activities.
• Harming, or attempting to harm minors in any way, including the storage, sending or receiving of child pornography.
• Threatening any person, business, organization or authority, including storing or sending material which threatens or encourages the destruction of property or bodily harm.
• Copyright infringement, including fraudulently selling items, products or services. We reserve the right to work and cooperate with the corresponding copyright holders or authorities regarding copyright infringement.
• Forgery or Impersonation, including tampering with network header information or attempting to illegally impersonate any person, business, organization or authority. The use of anonymous re-mailers or nicknames does not constitute impersonation.
• Misuse of Networks and Services, including executing DDoS attacks, attempting to or accessing data not intended for You, or using excessive network resources which may result in the disruption of any Networks. We reserve the right to work and cooperate with the appropriate authorities regarding the disruption of Networks or Services.
• Unsolicited e-mailing, including spamming and mail bombing.
• IRC servers, IRC clients, IRC bots or any other IRC activities, including linking to external IRC servers.
• The use of any form of open-access/anonymous/public proxy or VPN applications, including 'web proxies' and 'ToR Relay/Exit Nodes'. (Private, personal and business VPN applications are permitted.)
12.3 We do not allow the hosting of any types of pornography or adult-related content on Our Products and Services. Examples of such content can include, but not be limited to, erotic videos/pictures/stories, forums or blogs with links to third party sites containing such content.
12.4 We believe You should be able to use Your VPS, virtual server, cloud server or public cloud server Product for any purpose You wish, as long as it does not violate our Terms of Service. However, should We find Your VPS, virtual server, cloud server or public cloud server to be using an intensive amount of resources that may cause service degradation to other customers, We reserve the right to take action in attempt to preserve Our overall quality of service. This action may include the throttling or limiting of Your VPS, virtual server, cloud server or public cloud server and its resources, the temporary ban of resources, a temporary shut down of Your VPS, virtual server, cloud server or public cloud server, or ultimately Product suspension.
12.5 Our web hosting, cloud hosting, business hosting and reseller hosting Products operate on a shared server environment, meaning that many users share the same server on which Your site is also hosted. If We feel that Your web hosting, cloud hosting, business hosting and reseller hosting Product is using excessive network bandwidth or another server resource which is detrimentally affecting other user's Products, We may temporarily restrict Your Product. We will contact You regarding an upgrade to Your web hosting, cloud hosting, business hosting and reseller hosting Product, if deemed necessary. If excessive usage continues, We may take steps to permanently reduce such excessive usage, with for example the removal of some/certain scripts, reducing allowances, or ultimately Product suspension.
12.6 It is Your responsibility for all use Your Products and Services, including any misuse, even if misuse was not caused directly by You. Therefore, actions should be taken to ensure it is not possible for others to gain unauthorized access to any part of Your Products and Services.
12.7 You should keep all access details including usernames and passwords secured in a safe place where access to this is restricted. It is prohibited to inform or share Your access details with unauthorized users. Attempting to access or gaining access to another user’s account, Product or Service is strictly prohibited.
12.8 We operate a zero-tolerance spam and network abuse policy. We require You to comply with the CAN-SPAM Act of 2003 and any other laws or regulations that are applicable to bulk and/or commercial e-mail. You are required to offer easily accessible opt-out procedures for bulk e-mail lists and mailshots. It is preferred for all Customers to operate SPF and DKIM on their e-mail services. Should We find the IP address on which Your Products or Services are hosted becomes blacklisted, We will work with You to ensure You are compliant with the CAN-SPAM Act of 2003 and any other laws or regulations that are applicable to bulk and/or commercial e-mail. In some scenarios We may take preventive measures such as the blocking or filtering of common e-mail ports in order to reduce the impact of IP address blacklistings.
12.9 Whilst We make reasonable efforts to ensure all IP addresses belonging to Us are not listed on spam or abuse blacklists, We cannot guarantee this. Should We assign You an IP address that is blacklisted, we are willing to assist you in removing such IP address from any blacklists.
12.10 If We believe Your Product or Service is, or has, been used in such a way that violates any part(s) of the Acceptable Use Policy as set out in clause 12, We reserve the right to instantly suspend the offending Product or Service, and in some scenarios terminate the offending Product or Service with or without informing You beforehand.
13.1 All web hosting, cloud hosting, business hosting, reseller hosting, content delivery network, VPS, virtual server, cloud server, storage server, cloud load balancer, cloud database, cloud firewall, private cloud and managed hosting Products carry a 99.9% monthly uptime guarantee. If, at the end of the month, We have fallen short of this guarantee, service credits may be issued to Your account in accordance with the terms set out below.
100% to 99.9% uptime – no credit
99.89% to 99.8% uptime – 10% credit
99.79% to 99.6% uptime – 30% credit
99.59% to 99.4% uptime – 50% credit
99.39% to 99.2% uptime – 70% credit
less than 99.19% uptime – 90% credit
13.2 Where You have a VPS, virtual server, cloud server, storage server, cloud load balancer, cloud firewall or private cloud Product, Our uptime guarantee covers the hardware and network link of the node Your Product is hosted on. The uptime guarantee does not cover individual VPS, virtual servers, cloud servers, cloud load balancers or cloud firewalls, as they can be powered off and/or rebooted by You, or misconfigured and marked as offline.
13.3 Where You have a web hosting, cloud hosting, business hosting, reseller hosting, cloud database or managed hosting Product, Our uptime guarantee covers the hardware, network link and base Operating System software configuration of the server Your Product is hosted on. The uptime guarantee does not cover individual web sites or hosted services as they can face coding problems, redirects, manipulation of HTTP status codes and such like that may mark them as offline.
13.4 Some Services - such as content delivery network and DNS hosting - carry a 100% monthly uptime guarantee. This uptime guarantee is applicable to the Service as a whole rather than individual endpoints or servers; for example, if one content delivery network endpoint or one DNS hosting server suffers an outage, a partial performance degradation may occur though the overall Service will continue to operate at 100% uptime. However, if multiple content delivery network endpoints or DNS hosting servers suffer an outage simultaneously, the Service may not maintain 100% uptime. If, at the end of the month, We have fallen short of the 100% uptime guarantee, service credits may be issued to Your account in accordance with clause 13.8.
13.5 Our servers and nodes are monitored by StatusCake, an independent monitoring platform, and We will only base Our monthly uptime from the results of this platform. You may request a copy of the uptime information for any servers and nodes relating to your Products by submitting a support ticket or sending an e-mail. For Our security, such information is not openly published and thus is available on a per-request basis.
13.6 Any scheduled maintenance listed on our system status page including any resulting downtime is excluded from the uptime guarantee. Our system status page is available at http://www.hostingstatus.net/.
13.7 From time to time You may experience DoS or DDoS attacks against Your Product or Service. During such times of DoS or DDoS attacks whereby You are notified by support ticket or a status update is published on our system status page, Our uptime guarantee is not applicable.
13.8 Select Products and Services include free DDoS attack mitigation, and/or chargeable DDoS attack mitigation services. All DDoS attack mitigation services are offered on a best-effort basis, and due to ever-evolving attack vector methods, We are not able to guarantee uptime or stability during such times of DDoS attacks. Subsequently, during times whereby DDoS attack mitigation methods are unsuccessful and such attack(s) are disrupting service for other customers, We may be required to null route the IP addresses of Your Products and Services, or suspend Your Products and Services for the duration of the attack(s).
13.9 If We have fallen short of Our monthly uptime guarantee, You must open a support ticket during the following month, and request that the relevant credit be added to Your account. We will only credit for your core Product, excluding the value of any add-ons, extras or licenses You may have.
13.10 Any free or complimentary Products and Services that are offered alongside paid Products and Services - such as free backup space and DNS services - are not covered under Our uptime guarantee.
14.1 We disclaim all liabilities in connection with the following:
• Loss of any data.
• Incompatibility of Our Products or Services with any of Your equipment, software or telecommunications links.
• Technical problems, errors or interruptions beyond Our direct control.
• Computer viruses or malware obtained directly or indirectly from the use of Our Services or Products, including those of which We host but do not have explicit control over.
• Any security breaches which may affect the Services.
14.2 We accept no responsibility for the suspension or termination of Your Products or Services should You miss any e-mails from Us, or if they fail to deliver, flagged as spam, You do not personally receive them and such like.
14.3 In no event shall We be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
14.4 You accept all responsibility and liability for any data published or made available to the Internet through the use of Our Products and Services. Furthermore, We cannot be held responsible for any software or services provided by third parties made available through the use of Our Products and Services or the Internet.
14.5 We cannot be held responsible for failure or delay in performing Our obligations due to circumstances beyond Our direct control, including but not limited to acts of God or a government body, war, fire, strike or labour disturbance, unavailability of telecommunications, failure of third party hardware or software, inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Products and Services.
15.1 You agree that You shall indemnify, save and hold Us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Us, Our agents, Customers, offices and Staff, that may arise or result from any acts or omissions of You, Your agents, staff or assigns in connection with the use of Our Products and Services.
15.2 You agree that We are not liable for any consequential damages which You may suffer as a result of loss of business, contracts, profits, clients or otherwise. We are unable to monitor or control any traffic over the Internet and exclude all liability for the publication of inaccurate, misleading, offensive or otherwise obscene materials which breach our Terms of Service or any laws.
15.3 You shall agree that a court may strike out or override any part of these Terms of Service if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the Terms of Service as if the offending clause or clauses had never been included.