Terms of Service

Important Legal Agreements

Hostpoint UK provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Hostpoint UK are subject to the following terms of service:

Prohibited are sites that promote any illegal activity or present content that may be damaging to our servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites

Notice: If your account is found to cantain illegal activity, illegal MP3 files, pirated software, hacker programs, warez programs, or any other illegal files, your account will be suspended immediately. Failure to remove the offending content will result in your account being terminated - No refunds will apply. additionally, Hostpoint UK will notify the relevant authorities of your actions.

Indemnification Policy

You agree to use all Hostpoint UK services and facilities at your own risk. Hostpoint UK specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Hostpoint UK be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

Customer agrees that it shall defend, indemnify, save and hold Hostpoint UK harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Hostpoint UK, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Hostpoint UK against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Hostpoint UK's server.

Hostpoint UK reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Hostpoint UK's server. Hostpoint UK shall be the sole judge of what violates this Policy.

Billing

By the Account Activation Date of each month, Hostpoint UK shall deliver, via e-mail, an invoice in accordance with the applicable Service Fees for services to be rendered in the forthcoming month. When an invoice is delivered to the client, payment shall be remitted to us by no later than the specified payment due date. We shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. We do not record or store customer credit/debit card data but you are able to set up recurring billing through our payment partners (currently PayPal) to allow us to take payment for invoices as they become due. It is your responsibility to ensure that you have sufficient funds to cover any transactions. Failure to make payment will result in up to three overdue notices being submitted to you before your account is suspended and/or terminated.  Accounts suspended for non-payment are liable for termination without notice.

Please note that we accept payment by PayPal only. Other payment methods such as bank transfer or cheque are not accepted as a method of payment.

Cancellation, money back guarantee & refund policy

If you no longer wish to continue with your hosting, please submit a cancellation at least 7 days before your services are due to be renewed. Your account will only be deemed as terminated once all outstanding balances have been paid in full. Domains will only be considered for transfer once all balances have been settled, we will not charge you for transferring a domain(s) away to another registrar's tag. The customer acknowledges that, termination of the agreement for any reason will result in us ceasing to provide the applicable services, with the consequences that flow from such cessation, including (but not limited to), deletion of data e.g. hosting account(s) and mailboxes.
30 day test Accounts will automaticaly terminate after 30 days, All Customer files and data remaining after 30 days will be destroyed and unrecoverable for security and privacy reasons. If you want to keep your files and data you must remove them before termination, or upgrade to a paid plan within the 30 day test period.

Hostpoint UK offer a 30 day money back guarantee for hosting accounts only.

Hostpoint UK cannot provide refunds on third-party services, such as domains, SSL certificates etc where we have procured the service and are unable to obtain refunds ourselves.

Refunds: If you have purchased hosting services up-front for the year and have pre-paid for such services, refunds will be issued for any unused full month of the services, at your request. For instance, if your hosting account is cancelled at any point during the one-year term, you will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.

Please note that we reserve the right not to refund any fees incurred by us in the registration of 'free' domains we have provided as part of the account. Any fees not refunded or billed to you by us will not exceed the registration costs we incur. For a full list of charges please see our domain price list.

Hostpoint UK DO NOT refund partial monthly fees to accounts.
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Your Obligations

You must only submit to us or the Website information (whether Material, contact details or otherwise) which is accurate and not misleading and you must keep it up-to-date and inform us of any changes.
You shall:
Provide us with any information we reasonably require in respect of the Services from time to time;
Report any faults or suspected faults with or in the Services to us immediately upon discovery;
Report to us any abuse of the Internet (including spam, hacking and phishing) that you consider to have taken place through the use of the Services by any person, and you shall include in such report as much information as you are able to provide to us relating to the type of abuse that you have witnessed;
Use your own login details for the Website and not impersonate any other person or adopt a false identity;

Keep your password strictly confidential and secure, and immediately change your password if you know or suspect that any unauthorised third party becomes aware of your password or if you become aware of unauthorised use of your password or there is any other breach of security known or suspected by you;
Ensure that all Material is suitable and prepared for use in conjunction with the Services;

Be responsible for ensuring that, and you hereby warrant and undertake to us that, your use of the Services and any Material:
(a) does not infringe the privacy rights or Intellectual Property Rights of any third party;
(b) does not harm us or bring us or our name into disrepute;
(c) is not for the purposes of sending spam or other unsolicited emails;
(d) is not for the purposes of breaching or circumventing the security of any network or Internet user;
(e) does not impose an unreasonable or disproportionately large load on our infrastructure or the Services (whether or not the Services have "unlimited" elements, such as in relation to Internet traffic or disk usage);
(f) does not interfere with another user's use of the Services or similar services;
(g) is not defamatory, obscene, abusive, malicious, indecent, harassing or discriminatory;
(h) conforms in all respects will all applicable laws, rules, regulations, bye-laws and codes of practice (including disability discrimination, intellectual property, privacy and data protection laws); and does not contain any material detrimental to us or any other user of the Services or similar services, including any viruses, trap doors, back doors, Trojan horses, time bombs, easter eggs, worms, cancelbots or other computer programming routines that are intended to detrimentally interfere with, damage, expropriate or surreptitiously intercept any system, data or personal information;

Acceptable Use Policy

All services provided by Hostpoint UK may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Hostpoint UK and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Hostpoint UK servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

We reserve the right to immediately suspend the Service and/or terminate this TOS: for a violation of any of our policies, and/or your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we decide to exercise these rights, nor will you receive a refund of any Fees.

Limitation of Liability

Hostpoint UK shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Hostpoint UK servers going off-line or being unavailable for any reason whatsoever. Furthermore, Hostpoint UK shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Hostpoint UK servers. All damages shall be limited to the immediate termination of service.

Disclaimer

Hostpoint UK cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Hostpoint UK are resold. Thus, certain equipment, routing, software, and programming used by Hostpoint UK are not directly owned or written by Hostpoint UK. Moreover, Hostpoint UK holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Hostpoint UK sees fit. FURTHERMORE, Hostpoint UK retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

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