Terms of Service

DEFINITIONS

"We" "Us" "Provider" "HostVERTIGO" "HV"
HostVERTIGO

"You" "Your" "Client" "Customer" "User" "His"
Each person or entity who applies for a hosting service is a designate of any one who applies for a hosting service, male or female.

TERMS OF SERVICE

HostVERTIGO reserves the right to suspend or cancel with immediate effect, access to any service, when HostVERTIGO decided the account is being used inappropriately, or otherwise. HostVERTIGO reserves the right to ammend the terms and conditions at any time. It is the customer's duty to check for changes in terms and conditions.

You agree to keep regular up to date backups of your data, in the event of data loss you agree not to hold HostVERTIGO responsible. It is the customer's responsibility to ensure their data is backed up.

ACCEPTABLE USE OF SERVICE

Accounts are for the use of the primary owner only. Account holders are not permitted to "borrow", "lend" or "sell", their webspace or resources to any third party. HostVERTIGO holds the right to refuse service / and or access to any party, should they deem the application inappropriate, such as an applicant wishing to host "warez" or other illegal content.

PROHIBITED MATERIAL

The following material is strictly prohibited:

Illegal material - This includes copyrighted works, commercial audio, video, or music files, "mp3's", ".exe files" and any material in violation of any federal, county or local regulation.

Use of our servers prohibits the storage of home computer files / mp3,4 / Mass storage of software / movies / your account can host files pertaining to your website and or clients.

Anything torrent-related is not allowed.

Warez- Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc.
Adult content is not allowed, to be defined by HV.
Bulk file storage and file streaming hosting is not allowed.
Proxy sites are not allowed.
You many not run (an) IRC server(s) or anything similar. "Similar" is defined by HostVERTIGO.

And encrypting of any of the above. This also includes links to any sites that mention or contain the above.

SPAM AND UNSOLICITED MATERIAL

We have a ZERO TOLERANCE towards spam and unsolicited email. Any accounts found using our services to send unsolicited material will be terminated with immediate effect. Offending customers will not be issued a refund of any kind, and will be liable to any clear-up costs.

BANDWIDTH POLICY

In the event of the customer exceeding the bandwidth permitted, HostVERTIGO will advise customers that they may purchase extra bandwidth in order to keep their account active. In the event of the customer using excessive bandwidth, HostVERTIGO reserves the right to cancel or suspend the account and access to it to protect other users on the HostVERTIGO network and its servers.

RESOURCE USAGE

You may not:
- use 10% or more of the server processing power at any time
- run any spider or indexer
- run cron jobs with intervals less than 15 minutes
- run stand-alone/unattended server-side processes

MALICIOUS AND UNFRIENDLY ACTIVITY

HostVERTIGO's services may not be used for any activity which affects the ability of other people or systems to use HostVERTIGO Services or the internet. Interference with or disruption of other network users, services or equipment is prohibited.

BACKUPS

HostVERTIGO does not keep backups of customer's data. It is the customer's responsibility to make his own backups. HostVERTIGO strongly advises customers to keep regular and current backups to guard against potential loss of data. This can be done in cPanel under Files, Backup Wizard, or simply by keeping a copy of said data on their own computer system, Flashdrive, DVD, BR Disc, etc.

PAYMENT POLICY

Accounts may be paid monthly or annually. Payment can be made by PayPal. Service will start from the date the server / and or service is set up.

Payment must be made by 5 days after the date of invoice. In the case of payment not being received, HostVERTIGO reserves the right to cancel or suspend service and access, until the debt is settled. The billing system automatically suspends any due invoices that have not been paid.

All payment are to be made in pounds (£), unless stated otherwise.

If payment is late, a late fee of 3 pounds Sterling, may be applicable.

USER CONDUCT

Clients must not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, profane, or otherwise objectionable information of any kind.

Abusive behaviour not limited to swearing, cursing, insulting, and or threatening behaviour towards HostVERTIGO, its staff or customers is strictly forbidden. Personal abuse of ANY kind, whether transmitted across email, forum or chat will result in immediate termination of service. In this event the customer will not be issued ANY refund.

You may not tamper with any files outside your given FTP directory.

CUSTOMER INFORMATION

It is the customers duty to keep HostVERTIGO informed of any changes of personal details. This includes and it not limited to your email address, address and telephone number. Your new personal details must be sent three days prior to any new communication being sent to the customer. E-mail is the preferred contact method for general communique. HostVERTIGO will not be held responsible for any loss of communication or problems that arise as a result of customers not informing HostVERTIGO of their current and accurate contact details.

CANCELLATIONS & REFUNDS

HostVERTIGO reserves the right to cancel the service and access to the service at any time. HostVERTIGO won't refund any amount of credits left for the service.

Customers may cancel their service at any time. In this event, all start-up incentives and loyalty schemes, including free hosting and other services, will be canceled.

Fees charged on a prepay basis are not refundable.

QUALITY OF SERVICES

Although HostVERTIGO will make the best efforts to provide quality and uninterrupted services, this is not guaranteed. HostVERTIGO will not be responsible for any damages a service interruption may cause to the client.

CONSEQUENTIAL LOSS & COMPENSATION

HostVERTIGO accepts no liability for any loss howeverso arising suffered as a result of any failure or fault in the service provided by HostVERTIGO. Any compensation shall be at the discretion of HostVERTIGO and shall not exceed the pro-rata value of the loss of service provided. This compensation may take the form of an extension of the defective service or substitution with another service of equal or higher value or cash all at the discretion of HostVERTIGO.

WEBHOSTING USAGE

You must stay within the monthly traffic limit. When exceeded, HostVERTIGO will advise on account upgrade. Exceeding the datatraffic limit will result in suspension of the acount for the rest of the month. Warez and other copyrighted material is not permitted on HostVERTIGO servers. Hosting copyrighted material will result in an account suspension of 10 days. HostVERTIGO reserves the right to delete copyrighted material or warez at any time, at the discretion of HostVERTIGO. The definition of copyrighted material/warez is to be defined by HostVERTIGO.

PROMOTIONS

From time to time we will offer special promotions. At the end of a users purchased promotional "time", payment must resume/commence at the standard rate of their current package, unless they wish to up/downgrade or leave HV, unless otherwise stated.

SETUP TIME

HostVERTIGO cannot give any guarantee on a setup date for webhosting. While most services will be set up within 24 hours, HostVERTIGO reserves the right to put all applications on hold pending any real world emergency situation.

INDENIFICATION

Customer agrees that it shall defend, indemnify, save and hold HostVERTIGO harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostVERTIGO, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HostVERTIGO against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostVERTIGO's servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from HostVERTIGO's servers.

DISCLAIMER

HostVERTIGO will not be responsible for any damages your business may suffer. HostVERTIGO makes no warranties of any kind, expressed or implied for services we provide. HostVERTIGO disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by HostVERTIGO and its employees, or otherwise. HostVERTIGO reserves the right to revise its policies at any time, without prior notice to the end user.