Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and HostDoc’s Acceptable Use Policy (.AUP.), including SPAM, and all disconnect and reconnect fees associated with violations. HostDoc does not harden or enable additional server security software outside of operating system defaults. The following terms constitute an agreement between yourself and HostDoc Hosting Ltd . These Terms of Service govern your use of the services provided by HostDoc. BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in any dispute that you may have with us under UK and Welsh laws including but not limited to our suppliers, or the Services. Please note that we offer the Services “AS IS” and without warranties. These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
HostDoc agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. HostDoc reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of HostDoc.
HostDoc’s Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of HostDoc. A change in policy shall not be grounds for early contract termination or non-payment. Client recognises that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.
Services interrupted for non-payment may be subject to a 10% late fee. Data stored on a client’s services will not be available to the client until re-connection is established or alternative arrangements are made to the sole satisfaction of HostDoc. Clients deactivated for non-payment or charge-back are subject to their data being destroyed ten (10) days from suspension/charge-back date. HostDoc is not responsible for data integrity, regardless of circumstance. HostDoc strongly recommends keeping up to date and off network backups to protect against data loss.
In the event a service is suspended for non-payment, it will be subject to termination ten (10) days from the time of suspension. HostDoc assumes no liability for the integrity of the data stored on a suspended server.
HostDoc requires a ten (10) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via the clients area portal. A ten (10) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within ten (10) days, the server will still be cancelled, however, a termination fee of £25 will be applied to the account and must be paid within 15 days to avoid full account suspension.
In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of HostDoc. All information available to HostDoc about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United Kingdom, or abroad.
WE PROVIDE OUR SERVICES AS IS WITH ALL FAULTS AND AS AVAILABLE. WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A HOSTDOC HOSTING LTD REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defence of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
Clients agree to purchase plans with adequate bandwidth needed for their projects. Bandwidth overage charges are billed per 100GB at a rate of £0.99 (ninety-nine) over the allotted bandwidth on the service in APAC regions and £0.99 per 250GB in all other regions. HostDoc reserves the right to suspend the network of any account that has reached their bandwidth allowance. HostDoc is not responsible for spikes in bandwidth that are caused on a client’s service for any reason. Client assumes liability for all bandwidth to and from their services. Clients may in HostDoc’s discretion request additional bandwidth prior to their allowance depleting. We will issue up to a maximum of 50GB free to sustain your usage for the remainder of the month. Additional bandwidth CANNOT be requested on a month to month basis. If you forsee your bandwidth usage rising, you can contact HostDoc to iupgrade your bandwidth allowance.
Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of HostDoc upon request or upon fraud automation failure. The identity verification measures may include the scanning and emailing of two forms of government issued identification to HostDoc, as well as a front and back copy of the credit card used for payment, as well as a recent copy (no more than 3 months old) of a utility bill with the billing address entered into our billing system. In certain circumstances additional identity verification may be required, in addition to the previously listed forms.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services. We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.