Terms & Conditions
Terms Of Service (TOS)
The Parties
1. hosting--solutions / Y-net UK ("the Company")
2. ("the Client")
Recitals
The Company is engaged in the business of providing internet services, including the supply of Dedicated Servers, Web Hosting, Internet Broadcast Hosting, BeSpoke Hosting Services, SEO, VPS and shared backup/storage services.
By using any of "The Company" services means you agree to our terms and conditions.
The Client wishes to use these Services, and the Company agrees to provide Services to the Client on the following terms and conditions:
Definitions.
* "Agreement" means this Agreement between the Company and Client
* "Bandwidth" means the allocated transmission capacity specified in this Agreement
* "Charges" means those charges set out in this Agreement
* "Server" means the computer equipment operated by the Company in connection with the provision of the Services
* "Service" or "Services" means the service or services respectively set out in this agreement
* "VPS" means virtual private server allocated by the Company for the Client's use as a virtual private server on the internet.
Terms and Conditions
1. The Client is responsible for the actions of any third-party to whom they allow access to the Service
2. All data stored or transmitted must be legal under all applicable UK & European laws. The Client is solely responsible for determining the legality of their data, which is stored or transmitted within and outside the UK. We do not permit the downloading, uploading or sharing in any form of any type of Pornography. Any Pornography found on or related to a clients hosting service will be instantly terminated without prior notice with no refund available for any remaining days hosting you may have unused.
3. Should the Client become the target of a network attack, we reserve the right to take any necessary actions (including, but not limited to, suspension of the Client's account) required to return server or network operation to normal.
4. We will use our best efforts to maintain, but do not guarantee, the privacy of email, network use, and the contents of user directories.
5. Any use of your service which interferes with the server's / networks ability to function in its primary purpose of providing servers, services, multiple VPS or shared backup service is prohibited, in such case you will be asked to upgrade or in extreme cases we may suspend / terminate your service.
6. Mail abuse (including, but not limited to, mass mailing unsolicited email and email forgery) and usenet news abuse (including, but not limited to, mass crossposting articles and posting unrelated to group topics), whether direct or indirect, whether used externally to promote a site hosted on the Server or sent via the Server, is prohibited.
7. Use of the Services to provide software or lists for mass mailing unsolicited email is prohibited.
8. Use of the Services to commit network or any other forms of abuse (including, but not limited to, denial of service attacks (ddos) such as ping bombing, email bombing, "smurf", "winnuke", "land", "teardrop", "spoofing","phishing" etc.) or otherwise compromise the security of hosts or networks is prohibited and will be reported to local authorities and all services supplied by us to you will terminated without any refund or notice whatsoever.
9. The Client will indemnify and hold harmless the Company against any loss, damage, cost and expense which we may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the Client's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions.
10. If we are informed of an alleged Digital Millennium Copyright Act (DMCA) / EUCD copyright or trademark infringement involving a Client's Services, we will attempt to notify the Client of those allegations and secure a response. We may, at our sole discretion, remove or terminate the Services containing, on a temporary or permanent basis, materials which we believe may create, constitute, or contribute to copyright or trademark infringements. Client expressly waives the right to assert any claims against us for any such removal or termination.
11. Accounts may be invoiced on a monthly, quarterly or annual basis. Payment is due upon receipt of each invoice and must be cleared in our account 5 days before your billing due date. Overdue accounts will be subject to a late/admin fee of £5 (UK Pounds) your account will be automatically suspended after your due invoice date should your invoice not have been paid in full and all data deleted and account terminated after 72 hours days of your due invoice date. If your account is in default and invoices are outstanding then all hosting services will be suspended until your account is cleared and all invoices paid in full.
12. Additional Charges due to Bandwidth use in excess of that specified in this agreement will be invoiced on a monthly basis for immediate payment, charged at the rate you agreed with the service you took. (not all services incur bandwidth charges)
13. We may terminate Services to the Client at any time, without notice, for violation of this agreement. We will not be liable for any damages or harm to the Client resulting from such termination.
14. The company will set up your order within the stated time designated to the product / service which is stated in our knowledgebase http://www.hosting--solutions.co.uk/clientarea/knowledgebase.php?action=displayarticle&catid=7&id=2 unless further notified in writing via email or support ticket.
15. The Client may terminate their account at any time. In order to do this the client must give us 30 days notification to cancel their services, the request to terminate the account must be in writing either via the cancellation request form or a support ticket in the clientarea.
16. Use of the Services indicates acceptance of the Agreement by the Client.
17. Use of the Services, including the storage of information and data, is at the Client's sole risk and the Client should insure themselves against any such loss.
18. The client is in charge of their own backups, The Company can not be held liable for the loss of any data or information. Backups are to be carried out by the client. The Company can not be held responsible for loss of such data or information due to equipment failure or other matters beyond our control even though we do our best to keep your data safe.
19. We may temporarily suspend for the purpose of repair, maintenance or improvement, part or all of the Services, generally without notice. We undertake to use reasonable endeavors to inform Clients of future Service changes and/or downtime where possible and to restore Services as soon as practical after any such suspension. Necessary suspension of Services does not indemnify refunds or any other loss under the loss of Services provision above.
20. We may vary the technical specification of Service for operational reasons with our prior notice.
21. You have the right cancel this agreement within 14 days from the start of service (as soon as payment is received) excluding monthly services where you have 7 days to notify us in writing to cancel. In such case we will refund you any monies excluding your first months payment and a 25% administration fee.
22. The Company has the right to terminate The Client's account if the client should in any way become abusive towards The Company or The Company's Staff, Foul language will not be tolerated in any way or form (email, ticket, phone, letter etc). Abuse and slander towards the company will result in immediate termination without prior notification.
23. Should your account be terminated or cancelled, no refund covering any remaining period of paid services will be made. Any credit which you have in your clientarea account can be used for future services / products. We will not be held responsible for any other charges directly, indirectly or otherwise due as a result of suspension of Services.
