The terms and conditions described in this document apply to the VPS / Dedicated server hosting services (referred herein as the ‘Service(s)’) provided by WEB.BT referred to as PROVIDER for the sake of brevity in this document.
When signing up for a VPS / Dedicated server hosting account with the Provider, the Customer agrees to abide by the rules and provisions explicated in these Dedicated Terms of Service, as well as all their coherent policies (Order Verification Policy, Acceptable Use Policy, etc.) mentioned herein.
The Customer of our Services should also be aware that when signing up for a VPS / Dedicated server hosting account with the Provider, he/or she agrees to position data on our servers and make it accessible to the wide internet public. In this respect, the Customer understands and agrees that it is beyond the power of the Provider to restrict any public access to this data and guarantee the security of the Customer’s files. The Customer, therefore, is completely in charge of protecting his/her web content on our VPS / Dedicated servers and should consider carefully each piece of information before uploading it to his/her newly allocated VPS / Dedicated server space. We highly recommend that Customers avoid publishing online personal data that could be abused.
The Provider shall provide its Services to You – the Customer – under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to keep the integrity of both the Provider and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our Services.
Upon submitting of the online order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:
The Provider guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
For more information, please refer to our Service Level Guarantees.
Due to the specificity of the VPS / Dedicated server hosting service, providing Customers with fully independent and self-managed hosting environment, the DATA BAKCUP of all Customer’s website contents and databases is solely Customer’s responsibility, as well.
A 50 GB FTP backup storage is available as a part of our Managed Services Package. It is also available as a separate upgrade option.
For newly signed up clients – the Services are activated only after our Sales Department gets in touch with the Customer over the phone to verify the payment details (this is required due to the high fraud activity spreading online, and in order to be prevented fraudulent account usage). The payment verification procedure is obligatory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be canceled.
For existing customers -“ the services for existing Customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment.
Dedicated Server Accounts – The newly-created VPS / Dedicated server hosting accounts with the Provider are valid for 1 month. They can be renewed on a monthly basis, i.e. for another month that will be added to the official expiration date of the VPS / Dedicated server account.
In order to cancel a VPS / Dedicated server account, the Customer must send a support ticket to the Provider’s Sales Department via his/her Dedicated management account and provide any authentication credentials requested by the Provider. Any other form of cancellation request will not be accepted.
VPS / Dedicated server hosting accounts -“ The VPS / Dedicated server accounts are set up on a monthly prepay basis. Customers may cancel their accounts at any time, however they will not be entitled to a refund for the unused period of the prepaid month, since these services do NOT include Money Back Guarantee. Any incentives offered to the Customers upon sign-up will be also canceled.
Domain Name Registrations/Transfers -“ Domain name registrations/transfers are also treated as non-refundable services and cannot be canceled or refunded after activated upon Customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.
Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed with the Provider will be subject to full investigation.
When signing up for a VPS / Dedicated server hosting account with the Provider, the Customer agrees to the terms and conditions explicated in this document (and its coherent policies). Thus, the Provider, as well as the Provider’s authorized retailers (PayPal, WorldPay, 2CheckOut), will resort to these documents as an evidence for the Customer’s agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.
If/When a chargeback report is received, the first step of the Provider’s Customer Care team will be to try to contact the Customer. Meanwhile, the Customer’s VPS / Dedicated server account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.
If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with the authorized retailers and eventually the VPS / Dedicated server account will be re-activated.
If the Customer has sent a chargeback request based on groundless argumentations (according to the Provider’s own judgment and these Dedicated Terms of Service), then a dispute will be started with the authorized retailers in which the Dedicated Terms of Service and the AUP of the Provider will serve as evidence of the Customer’s agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or the Provider has the right to a reverse payment.
In case that the chargeback originates from a fraudulent user (end-client) and no reverse payment procedure can be activated, then the respective VPS / Dedicated server account will remain suspended and a $30 USD fee will be withdrawn from the commission of the reseller (the client of our Free Reseller Hosting Program) whose client’s account (the end-client) has been the reason for the chargeback (in order to be covered the fees imposed to the Provider from our authorized retailers for the claimed unauthorized transaction).
A collection of free hosting reseller tools : a free billing software (ClientExec) and a free domain reseller account is available with each Dedicated Server hosting package. All bonuses are given per customer’s request.
In consideration of their use of the Service, Customers agree to:
The Provider cannot and will not be liable for any loss or damage of account information arising from Customer’s failure to comply with this provision.
The client is also obliged not to terminate the SNMP service activated by the provider to keep track of the used IPs on the server. Upon a termination of the SNMP service -the provider will inform the client and the client will have to reactivate the service in 48 hours. If the client does not cooperate – the provider can suspend the client’s access to the server at his own discretion.
The Provider expressly bans the use of any VPS / Dedicated server hardware or software for trying to illegally access another hosted machine or network. Customers may not attempt to gain unauthorized access to any of the Provider’s Services, other accounts, computer systems or networks connected to any of the Provider’s Services, through hacking, password mining or other means of close nature. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by the Provider’s Services. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact any of our Customer Care representatives.
Server content MUST comply with the parameters stated in this TOS and our Acceptable Use Policy. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of the Provider’s Services are used for the illegal purpose of SPAM or UCE, they will be instantly terminated. Customers are solely responsible for the content of their messages. Using the Provider’s Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited. In this light, the Provider expressly forbids any breach of Federal, State or Local regulation, including, but not limited to, the transmission of: copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The Provider’s VPS / Dedicated servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult or pornographic material, or any other material which is considered impermissible by the Provider’s Dedicated Terms of Service (this document) and the Acceptable Use Policy (AUP).
As a condition for Customer use of the Provider’s Services, you -“ the Customer, agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and our Acceptable Use Policy (AUP). The Provider’s VPS / Dedicated servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted. The Provider reserves the right at any time to disclose any information, as the Provider deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove from the Services any information or materials, in whole or in part, in the sole discretion of the Provider.
When buying a VPS / Dedicated server for the purpose of creating an e-commerce online store or related e-commerce activities website, the Customer agrees to be fully responsible for the development, operation and maintenance of his/her web site/ online store and e-commerce activities within that website. The Customer is the only one in charge of approving, processing and filling client orders and taking care of client requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any clients’ data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
Each Customer is in charge of all products and services, as well as all contents and materials appearing online, including:
Each Customer guarantees to the Provider that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to the Provider that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
Each Customer empowers the Provider to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. The Provider is granted the right to estimate, at its own discretion, the extent to which these operations may be carried out.
The Provider will thoroughly scrutinize all received orders and decide, to its own discretion, which of them do not comply with the officially stated requirements for use of the Provider’s VPS / Dedicated servers. The Provider reserves the right to refuse Service to unlawful parties.
The Provider reserves the right to discontinue the Service provision to any subscriber that the Provider deems, at its sole discretion, has violated any condition of the Service explicated in this Terms of Service and/or the Acceptable Use Policy.
Notices, including notices concerning breach of this Agreement will be sent either to the e-mail address provided by the Customer at sign up, OR mailed by first class mail to the postal address that the Customer has on file with the Provider. In both cases, delivery shall be deemed to have been made five (5) days after the notice has been sent. Notices from the Customer to the Provider should be sent to the address provided on the Provider’s website.
The Provider guarantees highest level of Customer Care service round the clock. If you feel dissatisfied with any aspect of the Service, feel free to make use of our complaints procedure detailed below.
In order to file a complaint, please send us an email to email@example.com, specifying the nature of the problem you are experiencing. Please, provide as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be.
Here are our steps of addressing every single complaint:
Any way of indecent treatment towards a Provider’s Customer Care employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with the Provider’s employees regarding any request for help or consultation via e-mail, chat, phone or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior -“ oral, written, or delivered by a second party -“ to members of the Provider’s Customer Care stuff will be interpreted as a breach of this TOS. The Provider reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions.
Due to the specificity of the Service, Customers are fully in charge of the management and maintenance of their VPS / Dedicated servers. However, if they need assistance or want to leave this task to our highly-qualified administrators department, they can avail of our Fully Managed Support service available at a monthly fee of $30 USD. Additional software installation and troubleshooting, which are not included in the Managed Support Package will cost $60 USD.
Pre-sale and general questions
Customers may use any of the support options listed below:
This Agreement shall be governed by and construed in accordance with the laws of England.
Any controversy or claim arising out of or relating to this Agreement, or any breach of this Agreement, in excess of $250.00 USD will be settled in accordance with the commercial arbitration rules of the American Arbitration Association.
Failure to enforce any of the provisions of this Agreement shall in no way be considered to be a waiver of these provisions, or to affect in any way the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
The Customer agrees to indemnify the Provider, its management body and employees (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, court actions, proceedings or judgments (collectively, “Losses”) to which the Indemnified Party may become subject, and out of which Losses arise or relate to this Agreement or the Customer’s use of the Services. The Customer agrees to reimburse the Indemnified Party for all legal and other expenses, including any attorney fees paid by the Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which the Indemnified Party is a party.
Force Majeure Circumstances -“ the Provider shall not be liable for any failure in the provision of the Services to the Customer resulting, directly or indirectly, from any (i) weather conditions and natural disasters, (ii) actions of any governmental or military authority, (iii) failure caused by telecommunications or Internet provider, or (iv)other force or occurrence beyond its control.
Damages & Losses -“ the Provider shall not be liable for (i) any indirect, incidental, special or consequential damages, OR for any loss of profits or loss of revenues resulting from the use of the Provider’s Services by the Customer or any third parties, or (ii) any loss of data resulting from delays, non-deliveries or service interruptions.
Service Provision -“ the Provider provides the Services on an -?AS IS-? basis, without any warranties, including but not limited to, implied warranties, merchantability, or fitness of the Services for any particular purpose. The Customer shall be solely responsible for the selection, use and suitability of the Services, and the Provider shall have no liability therefore.
Customers do not have the right to assign this Agreement without the explicit permission of the Provider. This Agreement shall be in force and effect to the total benefit of the Customer and the Provider and their successors and permitted assigns.
The Provider reserves the right to revise this document at any time, without prior notice. Customers are encouraged therefore to periodically review these Dedicated Terms of Service and the Acceptable Use Policy.
WEB.BT Acceptable Use Policy
An Acceptable Use Policy (AUP) is a set of rules and conditions compiled by a network, system or a website owner. These rules explicitly define and restrict the ways in which the respective network, system or website may be used.
The AUP of WEB.BT aims to clearly outline the purposes for which our customers CANNOT utilize our hosting services and position data on our network servers.
This Acceptable Use Policy (AUP) is an integral part of the Web Hosting Terms of Service which each customer agrees to abide by when signing up for an account with our web hosting company. Any violation of this AUP will be deemed a violation of our Web Hosting Terms of Service.
We, at our own discretion, shall determine whether an act constitutes a breach of this AUP terms and misuse of our services. We reserve our right to be the sole arbiter in determining the sufficiency of the presented evidences. We will respond accordingly, and/or immediately terminate the provision of the services, shall we receive report, and/or have sufficient proof, of any prohibited conduct outlined in this AUP, or any other activity threatening the security of our hosting environment and/or our network of hosting servers.
In order to protect our company’s reputation and responsibilities, and guarantee state-of-the-art and reliable hosting services to all our customers, as well as privacy and security for all users, we – WEB.BT – hereby outline the following AUP rules and conditions to come into force for each customer signing up for a web hosting account with our company:
1. SYSTEM ABUSE
Any customer in violation of our system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:
Unauthorized access, use, probe, or scan of our system’s security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the system and broadcast attacks, forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
Any attempt at doing harm to a server or a customer of our web hosting services:
WEB.BT will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a WEB.BT customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: ‘Internet scamming’ (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy – proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy), introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to WEB.BT services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.
Background operations/programs on servers:
‘Background process’ is a program that runs in the background of the operating system. What is specific for a background process is that, once started, it runs simultaneously with other foreground processes. This means that, the shell executing the background operation does not wait for it to finish or terminate, as it does with foreground processes, but is free to start executing more operations along with the background one. Typical background processes are ircd, irc bot, bnc, and many others.
Background processes are not permitted on any of our shared hosting servers, as they usually lead to CPU overload and can be used for malicious and/or illegal actions. As our primary task is to provide highest quality web hosting service to all our customers, we cannot permit any background processes to be executed and threaten the performance of our server network. Our shared hosting system does not allow a big multitude of users to simultaneously use the system memory and processing time of our servers.
Excessive use of system resources:
In order to ensure higher server performance and quality of hosting service all shared hosting plans are subject to certain resource limitations concerning, but not limited to, server CPU usage, Memory usage, disk-space and traffic. If a hosting account exceeds the allowed amount of system resources the account owner will be immediately notified to take actions in order to reduce the usage. If such action is not instantly taken by the owner the account will be suspended. If an excessive CPU usage is detected the account owner will be suggested to place an order for a CPU usage upgrade or upgrade to a plan which allows higher CPU usage
If any hosting account is found to be causing degradation of the server and/or our hosting network’s performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. WEB.BT will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing a server degradation.
2. SPAM AND SPAMVERTIZING
SPAMMING IS PROHIBITED. Users MAY NOT utilize our web hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as “spam” or “spamming”).
Spamming is a violation of ethic norms and will be interpreted as an infringement. WEB.BT will not tolerate the sending of unsolicited bulk or commercial messages through our services, as well as through another service that is mentioning, in some way, our customer’s domain name or implies the utilization of our network or our e-mail services for sending the unsolicited bulk or messages.
SPAMVERTISING IS PROHIBITED. ‘Spamvertizing’ refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website.
If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless an evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided.
’E-mail spoofing’ is a fraudulent e-mail activity in which the sender’s (3td party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server).
Sending of unsolicited messages in bulk, or sending of unsolicited e-mails, which provoke complaints from recipients;
Sending of junk mail;
Use of distribution lists that include people who have not given prior explicit permission to be involved in such a distribution process;
Posting commercial ads to USENET newsgroups that do not permit it;
Posting articles containing binary encoded data to non-binary newsgroups;
Excessive and repeated posting of off-topic messages to newsgroups;
Excessive and repeated cross-posting;
E-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting of any threatening, libellous or obscene material, or material of any nature that may be deemed offensive;
E-mailing of age-inappropriate communications or content to anyone under the age of 18.
3. INAPPROPRIATE OR UNLAWFUL CONTENT
CONTENT published or transmitted via WEB.BT’s hosting services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our servers, published online or transmitted through our network’s services.
The user of our services is NOT permitted to post online content or have links to content that:
promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.) or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws and regulations governing export control, unfair competition, false advertising, consumer protection, etc.
represents pornography – any type of pornographic/adult material, including child pornography, or advertisements of pornographic websites;
represents infringement on copyright, patents, trademarks, trade secrets, or third party’s intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking software, warez or any type of software/content (including also ROMs, ROM Emulators, media files – MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance with its license agreement or is NOT freely available for distribution.
Copyrighted material must not be placed on customers’ accounts without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.
5. CORRECTIVE ACTIONS
We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions.
We will disable the customer’s account if we deem necessary, at our sole discretion. Upon closing of the customer’s account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms’ chapter that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer’s account, if we find, at our own discretion, sufficient evidence pro customer’s side.
Closed accounts due to repeated violations will not be re-activated. A backup may be requested, however it will be subject to certain penalty fees imposed according to the breach of this AUP terms. The final penalty fee will be determined by the type and frequency of the violations.
6. REPORTING VIOLATIONS
If you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our web hosting system, please contact us immediately. Our professional team will investigate the situation and provide you with full assistance.
We reserve our right to change this AUP at any time, without prior notice. We encourage our users to periodically review this Acceptable Use Policy and our Web Hosting Terms of Service.