Devoted Hosting - Terms Of Service

All services provided by Devoted Hosting ("Devoted Hosting") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kingdom and United State law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, pornography, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Devoted Hosting from any claims resulting from the use of service which damages the subscriber or any other party.

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

Acceptance and agreement of this Terms Of Service (when ordering any service with Devoted Hosting) automatically constitues acceptance and agreement of our Acceptable Use Policy.

Examples of unacceptable content or links:

Pirated software
Hacker programs or archive
Warez site
Pornography
Proxy servers/websites
IRC chat
Nulled scripts

The above list is not definitive, and Devoted Hosting will be the sole determinant of what is and what is not unacceptable content or links.

NB: If your account is found to be contain unacceptable content or links, we may suspend or even terminate your service immediately (depending on the size of the breach of this Terms Of Service).

Traffic/Bandwidth Usage

All account plans come with a predetermined amount of traffic allowance. If you exceed your traffic allowance (i.e. your specified bandwidth/data transfer limit), your account will automatically be suspended until you contact Devoted Hosting support and upgrade your hosting plan or wait until the following month whereby your bandwidth allowance resets.

IRC

We do not allow Internet Relay Chat (IRC) or IRC bots to be operated on our servers. This includes any applications which interface with IRC.

Illegal Content

Storing illegal content is strictly prohibited and your account will be suspended and possibly terminated for storing such content. Please note, if your account is found to possess such content, it may be removed from our servers instantly and we will not be liable to provide a full backup (inclusive of the illegal content) of your account should we terminate/suspend your account.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Devoted Hosting is strictly prohibited. As our customer you are responsible for any account(s) you have with us. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

This clause also applies to websites and accounts which take up an unacceptable level of the server's resources. Devoted Hosting will be the sole determinant in what the said unacceptable level is. Having said that, please note that we will always aim to contact an account's owner first to work with them before terminating an account.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks and distributive hosting sites of Devoted Hosting must adhere to the above policies.

Billing

By the renewal date of each month, payment must be made. If payment hasn't been made beyond the due date, a late fee of $20 will be levied on top of your usual cost of service provided by Devoted Hosting. This fee will be levied on the fourth day after the account has gone overdue. If you are not able to pay for any reason, please contact the Billing department so that we can work with you on the matter.

Money Back Guarantee & Refund Policy

We do not generally refund cancelled contracts. For example, if your contract is to be paid annually and you request a refund before the next renewal date, no refunds will be admitted on the pre-paid portion of your contact. In case of AUP and TOS violations, any and all refunds are forfeit.

That being said, if you wish to cancel your hosting solution with us, you may do this within the first 30 days of the order and you will receive a full refund without any questions asked. This is our Money Back Guarantee.

If you genuinely feel your specific case warrants a refund for any reason, please contact us via the Support Desk and we'll review your application.

Account Terminations due to Non-Payment

Any account which has unpaid invoices of longer than 30 days will automatically be terminated. Any and all files and databases will be permanently deleted. Devoted Hosting cannot be held responsible for data loss caused by non-payment.

Cancellation Requests and Refunds

We DO NOT refund partial monthly fees to accounts. We require 2 business days notice before the renewal date for a cancellation request to be granted.

Limitation of Liability

Devoted Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Devoted Hosting's servers going off-line or being unavailable for any reason whatsoever. Furthermore, Devoted Hosting 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 Devoted Hosting's servers. All damages shall be limited to the immediate termination of service.

Additionally, the user is expected to keep full backups of all their websites and files. Whilst we keep daily off-site backups, you should still keep your own back-ups. As such, we cannot be held at all responsible for any loss of data.

Violations

Alleged violations of our Acceptable Use Policies and Terms Of Service should be referred to us via our support desk. All complaints will be investigated promptly. Failure for a client to follow any term or condition may be grounds for immediate account deactivation.

Contact Information

Devoted Hosting's legal address is Flat 1, 15 Richmond Road, UK CF24 3AQ. This is not where we store our servers and we cannot give support via this address. Our phone number is +447505661762 (please note we don't offer pre-sales or support help via this number). Our general e-mail address is . We offer 24/7 support via our support help-desk at http://www.devotedhosting.com/support/.

Disclaimer

Devoted Hosting cannot be held liable for system downtime, crashes or data loss. We cannot be held liable for any predicted estimate of profits which a client would have gained if their site was functioning. Certain services provided by Devoted Hosting are resold. Thus, certain equipment, routing, software and programming used by Devoted Hosting are not directly owned or written by Devoted Hosting. Moreover, Devoted Hosting holds no responsibility for the use of our clients' accounts. We reserve the right to remove any account, without advance notice for any reason without restitution, as Devoted Hosting sees fit.

Account Activation

By activating your account with Devoted Hosting, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer.

Abusive Language

We will not tolerate any abusive or threatening behavior or language aimed at our staff members or our contractors. Abusive language and threats made to our staff may be grounds for immediate suspension or termination of your service.

Reseller Hosting

Our reselling hosting allows you to host more than one client. Please note that whilst we support our direct resellers, we do not offer support to your end users (i.e. your clients) since your end users are your clients, not ours.

Service Level Agreement

Devoted Hosting guarantees 99.9% service uptime on all hosting plans. Should we fail to deliver this for any given calendar month, please check our Service Level Agreement for information on how to apply for a service credit.

Devoted Hosting actively monitors the server's uptime, and we will be the sole determinant of whether any one of our servers has been down for more than the acceptable limit specified in this SLA. The amount of credit given will also lie solely with Devoted Hosting.

Devoted Hosting reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We will, however, always endeavour to notify our customers in the case of a change of any of our policies.