Terms of Service (TOS) for Webhost UK LTD.

SLA and Terms of Service for WEBHOSTUK LIMITED.

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[Hereafter referred to as “WebHostUK Limited”] constitutes agreement to these terms.

You may view our Privacy Policy [ “Click here” ].

You may view Nominet UK – Terms and Conditions of Domain Name Registration [ “Click here” ].

This “Agreement” is made, entered into and executed on Monday 25th March, 2024 (hereinafter referred to as the “Effective Date”)

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Service Level Agreement (SLA) VPS / Cloud VPS / Dedicated Server Hosting SLA

1. 100% Network Uptime
   WebHostUK guarantees network availability for our public Internet network to be 100%. In the event that our network does not experience 100% network uptime in a given month, WebHostUK will refund 5% of the customer’s monthly service fees for those servers affected, for each 30 minutes of network downtime experienced up to 100% of the monthly service fees for those servers affected.
2. 1 Hour Hardware Replacement Guarantee
   WebHostUK guarantees to replace any failed server hardware components provided by WebHostUK at no cost to the client within one hour of problem identification. In the event that it takes WebHostUK longer than one hour to replace any failed hardware component after problem identification, WebHostUK will refund the customer 5% of the monthly service fees for each 60 minutes of downtime up to 100% of clients’s monthly service fees for the affected server.
3. 99.9% Managed VPS and Cloud VPS Uptime SLA
   WebHostUK’s goal is to maintain 99.9% uptime on all of our VPS and Cloud VPS hardware nodes. 99.9% VPS Uptime guarantee is counted on per month basis here at webhostuk.co.uk. In the event that a VPS or Hybrid hardware node does not experience 99.9% uptime in a given month, you are eligible for a prorated credit equal to twice the amount of time that the VPS or Cloud VPS node was down for.
4. Service Level Guarantee uptime is monitored on a rolling monthly basis.
5. The maximum credit you can claim will not exceed the monthly bill for the server.
6. Any scheduled downtime of the VPS/Cloud VPS node for hardware or software maintenance will not apply towards this downtime calculation. The SLA does not apply to any software or services running inside Client’s virtual machine server, nor to the Client’s virtual machine server directly. It is only for downtime caused by issues with the hardware node itself. The SLA does not apply in any situation which the downtime was caused or could have been prevented by the Client. For example, if a VPS hardware node is down because of a filesystem check (fsck) causing a client’s VPS to be offline, the SLA would apply. If a client shuts down their own VPS or mis-configures it to be offline, the SLA would not apply. If the hardware node is online and functioning properly then the SLA will not apply in any case.
7. Terms
   
   • All SLA claims must be filed by opening a helpdesk ticket through our client portal within 7 days of the incident. The helpdesk ticket must include all relevant information including server name, IP address, full description of the incident and any logs (if applicable). All SLA credits will be issued as service credits against future invoices.
   • Network downtime is measured from the time the network is 100% unreachable until connectivity has been restored. Any scheduled downtime or network maintenance will not apply towards this downtime calculation. The 100% Network Uptime guarantee does not apply to any software or services running on a client’s server, nor to any hardware within a client’s server.
   • The 1 Hour Hardware Replacement Guarantee does not apply to replacing a failed disk drive that is in RAID so long as the other RAID disk(s) are functioning properly. The guarantee also does not apply to any time required to rebuild a RAID disk array or the time required to restore or reload any software or data to the affected server.
   • Clients currently in arrears for services do not qualify for SLA claims. Clients participating in malicious or aggressive activities thereby causing attacks or counterattacks, do not qualify for SLA claims and shall be in violation of the AUP.

Terms of Service (TOS)

1. Account Setup / Email on file
   We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

   Transfers
   Our transfer’s team will make every possible effort to help you move your site to us; however, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best; however, in some cases we may be unable to assist you in a transfer of data from an old host.

2. Content
   All services provided by WebHostUK Limited may only be used for lawful purposes. The laws of England and Wales apply and all claims concerning this agreement shall be brought exclusively in English courts located in England.
   The customer agrees to indemnify and hold harmless WebHostUK Limited from any claims resulting from the use of our services.

   Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@webhostuk.co.uk with the information required. If the request is of a licensing issue, we may require further documentation.

   Examples of unacceptable material on all shared and reseller servers include:
   IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

   Using a shared account as a backup / storage device is not permitted
   Clients may not use this space for anything other than active hosting files, i.e., files needed for their actual website. It is not to be used to store other data, backups, or archive files of any kind. Files must be publicly accessible and linked on your site. Shared hosting space may NOT BE used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. WebHostUK Limited expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. WebHostUK Limited may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of WebHostUK’s terms and conditions.

   Examples of unacceptable material on dedicated servers include:
   Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

   WebHostUK Limited services, including all related equipment, networks and network devices are provided only for authorized customer use. WebHostUK Limited systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of WebHostUK Limited system(s) constitutes consent to monitoring for these purposes.

   We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

   Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

   If in doubt regarding the acceptability of your site or service, pleases contact us at abuse@webhostuk.co.uk and we will be happy to assist you.

   Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

   Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

   Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

   Direct customers: Your services will be terminated with or without notice.

   Violations will be reported to the appropriate law enforcement agency.

   It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possibly, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3. Zero Tolerance Spam Policy
   We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

   Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or UseNet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

   WebHostUK Limited reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

   WebHostUK Limited reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of WebHostUK Limited.

4. Payment Information & Cancellation request
   You agree to supply appropriate payment for the services received from WebHostUK Limited, in advance of the time period during which such services are provided. You agree that until and unless you notify WebHostUK Limited of your desire to cancel any or all services received, those services will be billed on a recurring basis.

   If you wish to cancel your active service, you need to login to your WebHostUK billing portal and cancel your service before your renewal date. Assuming that not paying due invoice will cancel your service, will result in renewal of your active service and there will not be any kind of refund offered for any such renewal processed.
   
   To cancel your account, you need to submit a cancellation request by logging to your client portal -> Services -> Click on active service -> Click on “Request Cancellation” option on left hand side.
   
   Cancellation requests submitted via live chat, phone call or via support ticket will not be considered and your account will continue to charge if no cancellation request is submitted from client portal. Notification of cancellation must be received at least 20 business days prior to your billing cycle date, with the billing cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle.
   
   If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.

   As a client of WebHostUK Limited, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. WebHostUK Limited provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a 10GBP late fee and/or an account suspension until account balance has been paid in full.

   Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact billing@webhostuk.co.uk.

   WebHostUK Limited reserves the right to change the monthly payment amount and any other charges at anytime.

5. Backups and Data Loss
   Your use of the service is at your sole risk. WebHostUK Limited is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on WebHostUK Limited servers.
   We strongly urge and request our customers to regularly maintain and download backups of their websites on their local networks. Alternatively, you can purchase our managed paid backups, which offer more redundancy with backups.
   
   Backup retention policy on Shared / Reseller servers
   WebhostUK Limited offers “DAILY OFFSITE BACKUPS” free of cost with all our Shared / Reseller hosting plans, as a complimentary service. We do not take responsibility or guarantee of preserving the consistency of free backups. We generate Daily Incremental backups and store them in offsite located datacenter in different geographical region, using JetBackups backup tool. We offer 1 day retention of our daily offsite backups and the backups are generated during off peak hours after 8:00pm (UK time). At any given time, we have yesterday’s backup available for accounts, in incremental format. Other than last night generated backups, WebHostUK does not maintain or preserve any other backups or any other retentions.
   Customers who require more retention copies of backups, can purchase our paid backup services.
   
   Backup generation policy
   With our free daily backup as a complimentary service with our shared or reseller hosting plans, WebHostUK will backup accounts that do not exceed 10GB of used disk space for their individual accounts. Any account exceeding 10GB of “used” disk space will be skipped from our daily backup retention automatically, and WebHostUK does not take any responsibility or gurantee to offer any data to be restored at any given time, for such accounts that are skipped from our backup policy. For accounts exceeding 10GB of used disk space, customers are requested to either maintain their own local backup copies or can purchase our paid backup services.

6. Cancellations and Refunds
   WebHostUK Limited reserves the right to cancel the account at any time with or without notice.

   Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

   Shared hosting customers, reseller hosting customers and semi-dedicated hosting customers may cancel at any time by submitting a cancellation request via client portal located at https://secure.webhost.uk.net. WebHostUK Limited gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with PayPal.

   The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

   • Bank Wire Transfers
   • Western Union Payments
   • Checks
   • Money orders

   Dedicated server and VPS customers should inform the Billing Department at WebHostUK Limited by raising a ticket or sending an email at least 7 working days before your billing date if you intend to cancel your server. You need to inform us in writing by creating a ticket from your client portal at https://secure.webhost.uk.net

   The refund policy is not applicable on Domain Registration, Free add-ons such as SSL Certificate, Dedicated IP Address and any Offers that include Free Months.

   There are no refunds on any VPS (Virtual Private server), dedicated servers, administrative fees, install fees for custom software, or domain name, SSL, Dedicated IP, WHMCS, CPanel/WHM or third party product purchases . Refund requests for shared and reseller accounts after the initial 30 days will be refunded on a prorated basis of any unused time.

   Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

   Violations of the Terms of Service will waive the refund policy.

7. 1. Resource Usage

      User may not:

      1. Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
      2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
      3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
      4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
      5. Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
      6. Participate in any file-sharing/peer-to-peer activities
      7. Run any gaming servers such as counter-strike, half-life, battlefield 1942, etc
      8. Run cron entries with intervals of less than 15 minutes

      When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include (“https://yourdomain.com/include.php”) use include (“include.php”)

   2. INODES
      An inode is a data structure used to keep information about a file on your hosting account. The number of inodes indicates the number of files and folders you have. This includes everything on your account, emails, files, folders, anything you store on the server.

      There is currently an limit of 50,000 inodes on our shared accounts. The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding 15GB disk usage and / or 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

      Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.

      The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here

   3. MySQL / MsSQL DISK Usage
      All though WEBHOSTUK LTD offers unlimited MYSQL / MsSQL databases along with our shared web hosting plans, we limit the TOTAL disk usage for ALL mysql or mssql databases per account to 1 GB. This is to avoid one particular account from filling up our drive partitions (where mysql or mssql databases are hosted) and using up the disk space.

8. Bandwidth Usage
   You are allocated a Hosting Bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9. • Moneyback Guarantee
     Each of WebHostUK Limited Shared web hosting, Reseller web hosting customers carry a 30 days money back guarantee for the first account they signup with us. 30 day money back guarantee is applicable for our web hosting services. 30 day money back guarantee does not apply for domain name purchases, domain name transfers, software licenses including cPanel, softaculous, Imunify360, Cloudlinux, SSL certificates or any abuse complaints. If your account is not flagged as offender to our “Terms of Service” as per our AUP, and if you are not satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount (less any charges applicable to software licenses including cPanel, softaculous, Imunify360, Cloudlinux, SSL certificates). Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

     On dedicated servers and collocation no full refund will be honoured — the 30 days money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

     Any customer or their account activity that do not respect our TOS & AUP (Terms of service and Acceptable Usage Policy), automatically void our 30 day money back guarantee or any kind of refund policy.

   • Uptime Guarantee
     If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of WebHostUK Limited dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact billing@webhostuk.co.uk with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee. The total credit applicable would never be more than one month’s hosting charges paid by the customer at any time and for whatever reason.

   • Hardware Failure
     WebHostUK Limited engineers monitor the Servers round the clock to avoid downtime due to server load or network. However, Hardware Failure is an uncontrollable disaster for which compensation is not applicable. During such occurence, downtime can extend from 24-48 hours due to hardware and software replacement and data restoration.

10. Reseller: Client Responsibility
    Resellers are responsible for supporting their clients. WebHostUK Limited does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. WebHostUK Limited will hold any reseller responsible for any of their clients’ actions that violate the law or the terms of service.

11. Shared (non-reseller accounts) / Semi dedicated Servers
    Shared accounts may not resell web hosting to other people; if you wish to resell hosting you must use a reseller account.

12. Dedicated Servers
    WebHostUK Limited reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. WebHostUK Limited reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@webhostuk.co.uk if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13. Price Change
    We reserve the right to change prices listed on WebHostUK Limited website, and the right to increase the amount of resources given to plans at any time.

14. 1. Indemnification
       Customer agrees that it shall defend, indemnify, save and hold WebHostUK Limited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against WebHostUK Limited, 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 WebHostUK Limited against liabilities arising out of;

       1. Any injury to person or property caused by any products sold or otherwise distributed in connection with WebHostUK Limited;
       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 customers from Weltschmertz’s server.

    2. Arbitration
       By using any WebHostUK Limited services, you agree to submit to binding arbitration. If any disputes or claims arise against WebHostUK Limited or its subsidiaries, such disputes will be handled by an arbitrator of Weltschmertz’s choice. An arbitrator from the National Arbitration Forum will be selected in England. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.

15. Disclaimer
    WebHostUK Limited shall not be responsible for any damages your business may suffer. WebHostUK Limited makes no warranties of any kind, expressed or implied for services we provide. WebHostUK Limited disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by WebHostUK Limited and its employees.

16. Disclosure to law enforcement
    WebHostUK Limited may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.

    We will cooperate fully with law enforcement agencies.

17. Changes to the TOS
    WebHostUK Limited reserves the right to revise its policies at any time without notice.