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By subscribing to one of the Services and opening an account with us (“the Account”) you (“the Customer”) agree to be bound by these Terms and Conditions. These terms and conditions apply to all 365hosts accounts. They determine the basis on which we provide our services and should be read carefully.
2.1 365hosts will use reasonable efforts to provide continuous service. However, 365hosts is not liable for data loss resulting from delays beyond our control, missed or undelivered deliveries, service interruptions or errors or omissions on the part of the customer. 365hosts is not liable for any loss caused by force majeure or force majeure, including civil unrest, civil commotion, flood, drought, fire, war and law enforcement.
2.2 You agree that 365hosts will not be liable to you for specific consequential damages that you may suffer as a result of business losses, contracts, profits, savings or otherwise. 365hosts has no control over material sent over the internet and disclaims all liability for the posting of inaccurate, misleading, offensive, threatening or obscene material or material that violates the UK or any other applicable law the customer.
2.3 The customers of 365hosts are liable for all fees charged by their telephone service provider due to the use of the services by the customer.
2.4 From time to time, 365 hosts or their subcontractors may need to perform network maintenance that may temporarily shut down portions of the network. 365hosts will cancel as much as possible and will try to limit this work to the period specified in the cancellation. 365hosts assumes no liability for such discontinuation of the service.
2.5 The customer agrees that he will not reassign or transfer any part of the services.
2.6 YOU acknowledge and agree that details of your name, address, telephone and fax number along with email address (es) and assigned IP addresses may be disclosed to the RIPE NCC to ensure that both WE as SIE also fulfills their obligations under the applicable RIPE guidelines and that such data can be published in whole or in part in the RIPE Whois database.
2.7 The license costs of all third-party applications and software offered with our plans are subject to change without notice.
2.8 365hosts reserves the right to pass on additional fees / price increases due to price changes by third party software and license providers regardless of the hosting cycle.
3. Prohibited Content
3.1 Customers may only use the services provided for lawful, authorized purposes. The transmission, storage or presentation of any information, data or material in violation of UK law is prohibited. The list of blocked content includes, among other things: -
(a) Illegal Material - This includes illegally used copyrighted works, commercial audio, video, or music files, and any material that violates regulations or materials that are believed to be misleading.
(b) Warez - This includes, but is not limited to, pirated software, ROMs, emulators, phreaking, hacking, password cracking, IP spoofing, and encryption of the above. Also includes websites that contain links to, or instructions on, such material.
(c) HYIP - We do not allow HYIP websites or websites that link to or contain content on HYIP websites.
(d) Proxy - We do not allow proxy settings or connections or activity of any kind over remote proxy connections on our shared hosting, reseller hosting, VPS hosting and dedicated servers. The first crime committed by the customer will result in their account being blocked. Every second violation leads to the immediate termination of the account.
(e) IRC Hosts - hosting an IRC server that is part of, or connected to, or connected to, or connected to, another IRC network or server. Servers or virtual hosting accounts that have been determined to be connecting to or part of these networks will be removed from our network immediately without notice. The server will not be reconnected to the network until you agree to completely remove all traces of the IRC server and allow us access to your server to confirm that the content has been completely removed. Every second violation leads to the immediate termination of the account.
(f) Defamatory Content - Any website content that makes a false claim or is expressly implied as factual that may give a negative image to a person, company, product, group, government or nation.
(g) Bit torrents: The use of software and scripts for "bit torrents" or the like is not permitted on our servers. This includes sending or receiving files using these mechanisms.
(g) We cannot host any of the following platforms: financial trading platforms, energy, aviation, energy and utility companies or other security critical industries, bespoke information security systems, hardware design or manufacture, dating, gambling or gaming websites or others Applications.
3.2 We are under no obligation to edit, review or change the content of your website. However, we reserve the right to remove content without prior notice. For the avoidance of doubt, we do not proactively monitor any messages you may post on our managed websites. However, we reserve the right to remove such messages at our sole discretion.
3.3 Any customer found to be using the services for one of the purposes set out in section 3.1 may terminate their account without prior notice.
3.4 The customer undertakes to fully and effectively indemnify 365hosts from all losses, costs, actions, procedures, claims, damages, costs (including legal costs) or liabilities that 365hosts incurred or did not directly or not as a result of the customer's breach. Compliance with this clause 3.
3.5 The customer defends and pays all costs, damages, awards, fees (including legal costs) and judgments issued against 365hosts for violating or violating this clause 3. 365hosts can defend these claims at its own discretion and with such claims compromise the customer's consent, not to withhold such consent inappropriately. The customer shall provide 365hosts with the support required to defend these claims at their own expense.
4.1 You must ensure that a requested domain registration request is not made in bad faith, does not infringe any third party rights, is not used for unlawful purposes, or is viewed as an improper registration under the Enom or Nominet dispute resolution guidelines.
4.2 You acknowledge that 365hosts are not obliged to accept requests to register a domain
4.3 365hosts make no representations or warranties (express or implied) regarding the availability or likelihood of registration of a requested domain (and they are expressly refused).
4.4 You acknowledge that domain registrations and renewals are non-refundable if successful.
4.5 You acknowledge that 365hosts cannot correct misspellings in a domain after a domain has been successfully registered. Make sure to check this before submitting the domain for registration.
4.6 You agree to pay 365hosts all applicable fees as described on our domain pricing page at https://www.365hosts.com/cart.php?a=add&domain=register
4.7 You acknowledge that domain renewal fees are subject to change at any time without notice. For current renewal rates, please visit https://www.365hosts.com/cart.php?a=add&domain=register
4.8 In cases where 365hosts are unable to register or renew a domain, a full refund of the domain registration or renewal fee will be given.
4.9 All registered domains are through our partner namecheap and are subject to the general terms and conditions of namecheaps at https://www.namecheap.com/legal/domains/registration-agreement/
4.10 You will at all times (from time to time) comply with the terms and conditions governing domain name registration published by the competent naming authority (including that authority's domain dispute resolution policy) and any other authority with similar force were.
4.11 You agree and acknowledge that 365hosts will provide ICANN, eNom, Nominet or any other suitable registrar with registration information related to the requested domain.
4.12 You acknowledge that you are obliged to provide precise information on domain registration and that this information will be published in the whois directory in relation to the domain name required by ICANN & Nominet.
4.13 365hosts will endeavor to automatically renew your domain within 30 days of expiration, unless:
4.14 365 hosts cannot pay for the renewal.
4.14.1 You can turn off auto-renewal from the 365hosts control panel 30 days before the expiration date.
4.14.2 The domain was transferred to another registrar.
4.14.3 If there is a .UK domain, the domain is no longer in the 365hosts tag.
4.15 You may not transfer the domain from us to another registrar for the first ninety (90) days after a domain is registered or transferred. This does not apply to domains bought during a promotion. Domains purchased through a promotion cannot be canceled or transferred to another registrar.
4.16 365hosts will not accept a transfer request for a domain that expires within 7 days.
4.17 365hosts does not transfer ownership of a domain to another registrar until all fees for registering, renewing or transferring the domain have been paid, but not limited to, but including any outstanding web hosting or web development liabilities.
4.18 You agree to comply with the content standards set out in our Acceptable Use Policy for material posted on or associated with a domain.
4.19 If ICANN and / or Whois or a substitute for them (or if the domain is registered with a registrar in another jurisdiction, equivalent or registrar) files a complaint regarding the use of the domain name, including we reserve the right to cancel Cancel service immediately and no refunds will be issued.
4.20 “Due to a legal agreement between ENOM INC, our domain registrar and LegitScript, customers should know that domains purchased with the intention of selling prescription drugs through a company that is not properly licensed in the target country will be frozen Appeals can be frozen. 365hosts LTD has no control over this process and disputes must be handled through the correct legal channels in the disputed country. "
4.21 365hosts reserves the right to change the registrar with whom a domain is managed at its own discretion and without prior notice.
4.22 If you register a domain on behalf of a third party, you must ensure that the domain owner is informed of these terms and conditions.
4.23 If a domain name is purchased through an advertising campaign, a maximum of 20 domains per person can be purchased during that campaign. We reserve the right to refuse orders if we deem it necessary.
5. Adult content
We only allow websites with legal adult content. We do not allow pornographic or sexually explicit pictures of children or pictures / videos obtained illegally to be hosted on our servers.
6. Size restrictions
You agree and understand that the maximum size of a single MS SQL database will not exceed 400MB, regardless of the web space allocated to the hosting account.
6.1 We ask you to remove all accounts in a reseller account that are not active from the network. If these are not removed, we reserve the right to remove them.
7. Server / Resource / Personnel Abuse
7.1 You agree and understand that any attempt to undermine or damage any of our servers is strictly prohibited and that we are not responsible for the use of our customers' accounts.
7.2 If you misuse the resources we have provided in any way, we reserve the absolute right to deactivate your account immediately without any refund.
7.3 If you operate a site with excessive CPU cycles or resources that place a load on other sites, we reserve the right to impose new terms on you in exchange for the current terms you like (i.e. an upgrade). You can use up to 25% of the resources available on a shared server. If your account continues to use more than 25% of the resources, it will be suspended.
7.4 Denial-of-service attacks (DDoS) against 365 hosts or attempts to start a DDoS attack from our servers are strictly prohibited. All violations and / or suspected violations will be thoroughly investigated and may result in the immediate termination of your account.
7.5 365hosts reserves the right to deactivate / delete functions or applications provided in the shared hosting service without notification if this function / application is found to be harmful and / or the general condition and performance of the web servers impaired.
7.6 If you are in any way disrespectful to an employee of 365hosts, we have full rights to terminate your account with us without a refund.
8.1 If your account exceeds the bandwidth limit, we will notify you. If you do not purchase additional bandwidth or if you do not update your account and continue to exceed the limit, the account will be suspended until you can demonstrate to us that you have taken steps to ensure that the limit is not exceeded again or update your account, Whatever is earlier. The account will be reactivated the following month.
8.2 Some plans have unmeasured bandwidth. Unmetered means that we won't accurately record and then enforce your plan's bandwidth usage unless an excessive amount is presumed to be used. An excessive amount is categorized as either using more than 15% of the total bandwidth of a single physical server or that your usage is affecting the server's performance to the detriment of other clients as determined by our engineers. In such cases, we reserve the right to suspend the service immediately if the level of use poses a risk that other users will be disturbed. In other cases we will try to communicate with you to discuss this use. We reserve the right to charge additional fees if normal usage of your website frequently exceeds this usage. If these fees are not acceptable to you, we will try to provide a reasonable time frame for you to move services.
9. Commercial Advertising - E-Mail (SPAM) / UNSOLICITED COMMERCIAL EMAIL (UCE)
9.1 You agree and understand that spam, sending unsolicited email from our servers, or using email addresses that are managed by us is strictly prohibited and will qualify your account for immediate deactivation with no refund. 365hosts would be the sole arbitrator as to what constitutes a violation of this clause.
9.2 You agree and understand that we have set a limit of 100 outgoing emails per hour for Windows Shared and Linux Hosting, 500 outgoing emails per hour for VPS Hosting and 3600 outgoing emails per hour for Dedicated Hosting, to avoid any kind of email spam on our servers.Customers cannot send more than the specified number of emails per hour regardless of the size of their mailing lists. We recommend that you use MailChimp for bulk mail activities.
10. Affiliate Commissions
Affiliates cannot earn commission on the purchase of their own web hosting account and / or on purchases made on their own billing account. As a partner, you are not allowed to recommend yourself. For example, if you participate in our affiliate program and use the link code to sign up for your personal account, you will not be entitled to an affiliate commission.
11.1 365hosts will use reasonable endeavors to protect and secure data for clients on a daily basis. However, 365hosts does not guarantee the existence, accuracy or regularity of its backup services and you are therefore solely responsible for creating backup files in connection with your use of the services.
11.2 You agree and understand that any backup that 365hosts can perform will not include any media files. This includes, but is not limited to, MP3, MPEG, WMV, or other video / audio files.
11.3 With VMware Cloud backups, DRS backups of the underline file system are maintained in the event of a bulk failure. However, these backups cannot be used for individual restores. If this is desired, our offsite backup solution is recommended.
12.1 Please do not, we do not accept cash or check as a method of payment. All payments must be made with a debit / credit card through your 365hosts account. This is done on the basis of our automated billing service via Stripe Secure Billing. If you want to pay by BACS transfer, please note that this is only possible for annual payments. You need to notify us of your BACS payment so that it can be assigned to your account as these payments are not automated or monitored.
12.2 Your invoice will be created and sent on the due date. This is to reduce the volume of correspondence sent to you. We reserve the right to debit your account the same day it is due. If payment is not made by the date specified on the invoice, invoices overdue reminders will appear on the first, fifth, and ninth days. If your account is 9 days overdue, your last overdue reminder will state that your account will be suspended for the next 24 hours. If no payment is made to restore your account, we reserve the right to terminate your account, stop making backups and remove any stored data.
12.3 Our billing is exclusively via Stripe and 365Hosts Limited does not contain any personal or business bank details. Our system automatically records recurring payments on the specified date, which you can confirm in your 365Hosts account. Please note that after completion of the agreed work, we reserve the right to debit your payment card for completed work.
13. Security and Viruses
13.1 You are responsible for any misuse of your account and you must take steps to ensure that others do not gain unauthorized access to your account. You may not use your account to breach the security of another account or to try to gain unauthorized access to any other network or server.
13.2 Your password gives access to your account. It is your responsibility to keep your password safe.
13.3 Sharing your password and account access with unauthorized users is strictly prohibited. You need to be careful and prevent others from using your account as you will be responsible for the consequences.
13.4 Attempting to obtain another user's account password is strictly prohibited and will result in the termination of the service.
13.5 You must take reasonable security measures to prevent or minimize unauthorized use of your account.
13.6 You must not attempt to bypass user authentication or the security of any host, network, or account. This includes, but is not limited to, accessing data that is not intended for you, logging in to or using a server or account that you are not expressly authorized to access, or checking the security of other networks. The use or distribution of tools to compromise security is prohibited. Examples of these tools include password guessing programs, cracking tools, and network checking tools.
13.7 You must not attempt to disrupt the service for users, hosts or networks or to carry out DOS attacks. This includes, but is not limited to, "flooding" networks, deliberate attempts to overload a service, and attempts to "crash" a host.
13.8 You agree and understand that users who breach systems or network security may be held criminally or civilly liable. 365hosts will fully cooperate in investigating system or network security breaches at other locations, including working with law enforcement agencies to investigate suspected criminal violations.
13.9 You agree to conduct your own computer virus testing in accordance with best computer practice prior to any operational use of the Services
13.10 JailShell Access - We offer SSH access to shared Linux hosting plans. For security reasons, however, access is only restricted to certain IP addresses. To be able to use the services, you must have a local network connection with a static IP address. Otherwise, you will have to contact our support team every time to whitelist your current IP address.
14. Control Panel Support
14.1 You agree and understand that our employees are under no obligation to help you set up email accounts, subdomains, add-on domains or install applications via live chat, ticket or telephone support. We have banned our employees from logging in to the client control panel. Customers are expected to go through our knowledgebase to understand all of the features of each control panel.
Our support team will assist you with any functions that do not work or with server-side problems that need to be resolved by us. Customers can consider help from our knowledge base for detailed information. However, basic tasks that can be managed via the control panel will probably only be carried out by the customer.
14.2 You need to upload your website from your end using the file manager or an FTP software. Databases should be uploaded from PHPMyAdmin and sub-accounts such as FTP, mailboxes, sub-domains, add-on domains and parked domains, which should only be set up from the client.
15. Cancellations and Refunds
15.1 365hosts reserves the right to suspend or terminate services after receiving complaints about abuse.
15.2 An unconditional 30-day money-back guarantee is provided for managed shared hosting, VPS solutions and website development. Domain registration fees and dedicated server packages are not covered by this guarantee. Refund requests after 30 days will be refunded proportionally for unused time.
15.3 Only initial accounts can be refunded. If you previously had an account with us, canceled it and registered it again, you are not entitled to a refund or if you have opened a second account with us.
15.4 There are no refunds for new domain registrations, ID Protect, WHM / CPanel, Plesk VPS and Dedicated Server License, Spam Experts, SSL Certificates and Site Lock as these are purchased from external providers and 365hosts in the event of no refund get deletion of licenses.
15.5 Service interruptions or downtimes due to planned maintenance work by 365hosts or our network providers are not counted towards the availability guarantee. 365hosts is in no way liable for the failure of third party services.
15.6 In the event of termination of a shared hosting account, the fees for the free domain will be deducted from the amount to be reimbursed (if any). The domain is only free for the first year for gTLDs and for 2 years for .uk TLDs. Renewal fees must be paid accordingly at the time of renewal. Applicable TLDs covered by the free domain registration / transfer offer are .com, .net, .org, .biz, .info, .eu, .co.uk, .org.uk, .me.uk.
15.7 Should you cancel your hosting prior to the renewal date or wish to transfer your domain name to another service provider during the registration period, the domain registration / transfer fees will be due before this promotion is completed.
15.8 If you wish to transfer a CRM developed by 365Hosts, a website or any other medium developed by 250Hosts, a license fee of £ XNUMX will be charged for the transfer to the new provider. This must be approved in full before the transfer is agreed. Our designs must also retain the footer text unless the design is reformatted after submitting it.
16. Money back guarantee
16.1 Dedicated servers and domain registrations are not included in the 30-day money-back guarantee. 365hosts reserves the right to decide whether or not to issue prorated refunds in such circumstances.
16.2 All Subscribers to Managed Shared and VPS Plans are backed by a 30-day unconditional money-back guarantee. If you discover that the services are poor or unsatisfactory, you are entitled to a full refund of the contract amount within the first 30 days of the date on which the account was set up.
16.3 If a refund requested by the customer is made to an international bank account outside the UK, the customer agrees to bear all fees incurred by us in connection with the transfer. The amount the customer owes us will be deducted from the total refund amount.
16.4 365hosts reserves the right to change the resource allocation for its services and the prices listed on the website.
17. Threats of legal action
17.1 Any threat of legal action against 365Hosts will result in the immediate termination of your account. 365Hosts reserves the right to change any or all of the above policies, guidelines, and disclaimers without notice. We also reserve the right to increase prices and make changes to our account plans without notice.
19.1 We reserve the right, at our sole discretion, to refuse, terminate or suspend your access to the Services for any reason after 14 days in writing.
19.2 We may suspend your account immediately if you breach any of the terms and conditions contained herein, including, without limitation, late or unpaid funds.
19.3 We reserve the right to terminate an account if the account holder announces that they have legal proceedings against 365hosts Ltd. initiated or will initiate. The planned termination date is communicated so that customers can switch to a new provider and create backups. The reimbursement of the previous months will also be reimbursed in the event of termination.
20. Effect of termination
If your account is terminated or your account expires for any reason, you must immediately pay all amounts outstanding in your account to 14hosts within 365 working days.
21. Limitation of Liability
21.1 365hosts disclaims all liabilities related to the following:
(a) loss of uploaded material;
(b) Incompatibility of the services with the customer's devices, software or telecommunications connections;
(c) technical problems including errors or interruptions in services;
(d) inappropriateness, unreliability or inaccuracy of the Services;
(e) computer viruses of any kind received by the customer while using the services;
(f) Security Breaches Affecting Customer's Account.
21.2 In no event shall 365hosts be liable under contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including but not limited to loss of income, data, use or information.
21.3 Nothing in this clause 21 excludes any party's liability for death or personal injury resulting from the negligence of that party, its employees, agents or subcontractors, or from fraudulent misrepresentation or tort.
21.4 Subject to Section 21.3, our liability to you for contracts, tort, negligence or otherwise arising out of or in connection with the Services for an incident or a series of related incidents is limited to the annual fees you pay us in the year in which the liability first arose. We do not accept any liability unless you have provided evidence to our satisfaction that a loss has occurred.
21.5 We disclaim all liability of any kind in relation to material on the Internet posted by Customer through the Services, and we are in no way responsible for any goods (including software) or services advertised, sold or otherwise sold by any third party made available through the Services or on the Internet, the accuracy, completeness, or suitability of any website content for any purpose and the acts or omissions of other telecommunications or Internet service providers (including domain name registrars) or for errors in or failures in their equipment.
21.6 365hosts shall not be liable for any failure or delay in fulfilling their obligations if such failure or delay is due to circumstances beyond their reasonable control including, but not limited to, acts of any government agency, war, insurrection, sabotage, Embargo, fire, flood, strike or other disruption to work, interruption or delay in transportation, unavailability, interruption or delay in telecommunications or third party services (including DNS disclosure), failure of third party software or hardware, or inability to supply raw materials, supplies or electricity get in or equipment needed for providing the services.
The customer agrees to defend, indemnify, rescue and indemnify 365hosts from all claims, liabilities, losses, costs and claims, including reasonable legal costs, that are raised against 365hosts, its agents, customers, executives and employees or result from acts or omissions of the customer, its agents, employees or agents in connection with their use of the services.
23.1 This Agreement is governed by and will be construed and construed in accordance with the laws of England and Wales. The parties are subject to the exclusive jurisdiction of the English courts.
23.2 The customer and 365hosts agree that a court may delete or override any part of these terms and conditions if it deems them illegal, unenforceable or unfair and in such cases only enforce the terms and conditions as if the clause or clauses that violated the provisions had never been included in them.
24. Company information
365hosts Ltd is a company registered in England and Wales under registration number 11564085. Our registered office is Office 7 The Uttoxeter Business Center, Town Meadows Way, Uttoxeter, Staffordshire, ST14 8AZ, United Kingdom. Please note that all visitors must book before visiting our office.
If you would like to get in contact with us, please write to us at the above address or by phone at (+44) 020 3935 8008. Alternatively, please send us an e-mail to [e-mail protected]
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