FYI: We reserve the right to amend these terms with no prior warning. Last Updated 02/06/17
This Web Hosting Agreement is between DeguWeb Ltd and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
1a.) 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 or the rejection of your order. 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.
Our transfers team will make every effort to help you move your site to us; however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not 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.
We will assist you for free in transferring your account from your old provider(s) for up to 14 days from the date your account was registered. After 14 days a fee starting at £10 per account or site to be moved may apply, at our discretion.
When transferring from a provider that is not cPanel powered or does not allow access to full cPanel backups, a transfer fee of £25 may apply for a single account or site. Multiple domains configured in an external server may, in some situations, be considered multiple accounts for transfer.
We will transfer up to 25 cPanel accounts per reseller account for free within the first 14 days of service. For standard cPanel account transfers after 14 days or for accounts beyond the initial 25 within the first 14 days may be assessed a £10 fee per cPanel account. Custom control panel transfers start at £25 per site to be transferred.
2a.) Account Content
All services provided by DeguWeb Ltd may only be used for lawful purposes. The laws of the United Kingdom apply.
The customer agrees to indemnify and hold harmless DeguWeb Ltd 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 firstname.lastname@example.org with the information required. If the request is of a licensing issue, we may require further documentation.
Examples of prohibited material on all Shared, Reseller, Premium, VPS, and Dedicated Servers include:
Explicit Adult Content [such as pornography], IRC Bots, ClickJackers, proxy scripts / anonymizers, pirated software / nulled software / warez, public image dumps (similar to PhotoBucket), public file dumps (similar to RapidShare), RapidLeech, game servers, commercial banner ad services, 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 / RPGs, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities, IP scanners, brute force programs, mail bombers, spam scripts, and forums that distribute and/or link to warez content.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via our ticket system and will have a response within 24 hours.
If in doubt regarding the acceptability of your site or service, please contact us at email@example.com 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 possible, set permissions on most directories to 644 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.
2b.) Account Security
The security of your support and billing system, cPanel, WHM, FTP, and SSH credentials are your responsibility. You are required to maintain a strong and secure password for these services and that you do not share these credentials with any other services (i.e. not using the same password for your email as well as your cPanel account). We recommend your password be no fewer than 8 characters, include at least one of each of the following: an upper case letter, lower case letter, a number, and a symbol. We also strongly suggest rotating your password at least once every 3 months.
You are expected to use a secure form of FTP to connect to our servers such as FTPES (FTP Explicit over SSL) or sFTP (Secure FTP). Standard FTP is insecure and transmits your username and password in plain-text which should be avoided. Standard FTP is only available for legacy application requirements.
All software must be kept up to date, including scripts, plugins, and themes, or otherwise be secured against unauthorized intrusion or hacking. In the event that we are made aware of an account that has been compromised or hacked, we may immediately suspend the service pending a full investigation. We may invoice the account holder of the compromised or hacked account an investigation fee at the rate of £50 per hour rounded up to the nearest hour.
3a.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any account found to be sending spam will be suspended and/or terminated with or without notice at our discretion. All purchased lists even if offered as a "safe list" or "double opt-in" will be treated as spam. Any user who sends out spam may have their account suspended and/or terminated with or without notice. Please read this for our generalized mail policy.
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.
DeguWeb Ltd 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. We may invoice the account holder of the account responsible for sending spam an investigation and clean-up fee at the rate of £50 per hour rounded up to the nearest hour.
3b.) Zero Tolerance Phishing Policy
Any account found to be hosting a phishing page will be suspended and/or terminated with or without notice at our discretion. Phishing is defined as any site that masquerades as another trustworthy site in attempts to acquire sensitive information such as usernames, passwords, credit card information, banking information, pin numbers, or any other personal information.
Phishing pages result in stolen identities, stolen banking information, stolen credit card information, and fraud that can cause the victims of these pages weeks, months, years, or even a lifetime of problems. Due to the serious issues that phishing pages cause, phishing is not something that is taken lightly. In the event that your account is suspended for phishing there is a very good chance that your account will not be re-enabled.
Any account suspended or terminated due to a phishing policy violation will be ineligible for refund. We may invoice you an hourly fee of £50 per hour rounded up to the nearest hour for all time spent investigating any report that results in account suspension or termination.
4.) Payment Information
You agree to supply appropriate payment for the services received from DeguWeb Ltd, in advance of the time period during which such services are provided. You agree that until and unless you notify DeguWeb Ltd of your desire to cancel any or all services received, those services will be billed on a recurring basis.
We accept all leading Debit/Credit Cards via PayPal. We will accept mail-in payments on annual or longer billing cycles only with prior approval from our billing department.
Cancellations must be done in writing via the cancellation form provided in the client dashboard. Once the cancellation is submitted via our support system you will receive a cancellation confirmation. At this time, your account with us has been cancelled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately. Do make sure to check your "spam" or "junk" folder for this confirmation message.
As a client of DeguWeb Ltd, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. DeguWeb Ltd provides a 1 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 1 day and is not paid in full will result in account suspension until the account balance has been paid in full. Invoices are assessed a late fee of 2% or £0.50, whichever is greater, when they become 3 days past due. Any account that is overdue for 30 days and has not paid will be automatically terminated.
Invoices that have been paid more than once are automatically added as credit towards the account and will not be refunded. If you require assistance with this provision, please contact our Billing Department
DeguWeb Ltd reserves the right to change the monthly payment amount and any other charges at any time.
We understand and will exercise our statutory right to late payment fees and interest under the Late Payment Of Commercial Debts (Interest) Act 1998 if we are not paid according to our payment terms.
4a) Dedicated Server / VPS Payments
We require payment to be cleared within 1 day of the due date. Any invoice to be outstanding after 1 day will be suspended. Any invoice outdated by 30 days will be terminated. Please note that bank transfers can take up to 7 working days and we can not be held responsible for uncleared payments.
DeguWeb Ltd reserves the right to change the monthly payment amount and any other charges at any time.
We understand and will exercise our statutory right to late payment fees and interest under the Late Payment Of Commercial Debts (Interest) Act 1998 if we are not paid according to our payment terms.
4b) PayPal Subscriptions
PayPal subscriptions are a lot like direct debits, Once set up they automatically take payments for your invoices. It is your responsibility to cancel the subscription with PayPal at the end of your billing cycle or if you cancel or change your package. All over payments will be added to your account as credit. If you no longer have an account with us we will refund the money to your PayPal account minus a 15% administration charge, this is upon request and can only be backdated 30 days.
5.) Backups and Data Loss
Your use of the service is at your sole risk. DeguWeb Ltd 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 DeguWeb Ltd servers. While DeguWeb Ltd does maintain backups of your files and/or data on our Shared, Reseller, and VPS platforms we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account larger than 5 gigabytes may, at our discretion, be excluded from our backup systems with or without notice. All cPanel backup files, backup-*.tar.gz and cpmove-*.tar.gz, older than 72 hours will be removed from the server automatically and we suggest downloading said backups to an off-server location. Dedicated Server services are not backed up by DeguWeb Ltd.
6.) Cancellations and Refunds
Cancellations must be submitted via our Billing and Support system. Full step-by-step cancellation directions can be found in our knowledgebase. Cancellations requested via e-mail will not be honoured and directions will be provided to submit a cancellation via our Billing and Support system. Dedicated server cancellations must be submitted at least 10 days prior to your renewal date. DeguWeb Ltd reserves the right to cancel any account at any time with or without notice. After 30 days a prorated refund may be given at DeguWeb Ltd's discretion for accounts in good standing. Any prorated refunds will be calculated less any promotions or discounts applied to the term being prorated.
There are no refunds for Custom Annual Plans, lifetime plans, design services, or domain registrations. All licenses are non-refundable including, but not limited to: cPanel Licenses, Softaculous Licenses, WHMCS Licenses, and LiteSpeed Licenses.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services without refund
Customers may cancel at any time via the cancellation form in your client dashboard. DeguWeb Ltd gives you an unconditional 30 day money back guarantee on managed shared, Premium, and reseller solutions. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
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. If you have opened a second account with us, it will not be eligible for refund.
Violations of these Terms of Service will waive the refund policy and no refund will be granted.
7a.) Resource Usage
Users may not:
1.Use 25% or more of system resources for longer then 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, MySQL, 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.Operate any sort of chat box, shout box, or other chat platform that is hosted directly from our servers.
6.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.
7.Participate in any file-sharing/peer-to-peer activities.
8.Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
9.Run cron entries with intervals of less than 5 minutes without prior written approval
10.Use Shared, Premium, or Reseller hosting accounts for the storage of backups or other data not related to active websites.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php").
When executing a local script via cron, execute it locally via "php -q ~/public_html/the-script-name.php > /dev/null" and not via "wget". If "wget" is absolutely required, append "-O /dev/null" to the end of the cron.
7b.) Backup Generation - Shared, Reseller, and Premium
The backup process which packages and compresses your account can be very resource intensive and as such all backup processes should be performed during off-peak times as defined in section 7c of this document. Any backup process found to be causing performance issues for others on the server due to backup generation during peak time periods can be disabled and, at our discretion, the account suspended until the account holder contacts our support department. Reseller accounts may not generate a backup for more than a single account at a time.
7c.) IPv4 Addresses (IP Addresses) - Shared, Reseller, and Premium Services
DeguWeb Ltd does not recognize or condone the usage of Dedicated IP addresses in a shared, reseller, or Premium environment for any purpose other than SSL as required by the SSL Protocol. Any site located on a Dedicated IP without an active SSL certificate can, at our discretion and without warning, be moved to a shared IP address of our choosing.
8.) Bandwidth Usage
You are allocated a monthly 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 more bandwidth is purchased at an additional fee, 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. You will be billed for bandwidth usage beyond your allocated amount at the rate of £0.50 per gigabyte. Unused transfer in one month cannot be carried over to the next month or refunded.
9a.) Money Back Guarantee
On virtual private servers, dedicated servers, colocation, lifetime plans, and design services no full refund will be honoured -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of DeguWeb Ltd's managed shared, reseller, and Premium servers carry a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for shared, reseller, and Premium packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Any domain name registered for free is valued at £9.99 and will not be refunded.
9b.) 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 DeguWeb Ltd 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 of the server which may differ from the uptime reported by individual services. To request a credit, please contact our Billing Department with justification. All requests must be made in writing via our internal ticket system. Uptime guarantees only apply to shared, reseller, and Premium solutions.
9c.) Network Availability Guarantee
Our Dedicated Servers and Virtual Private Servers are covered by a network uptime guarantee in which credit is given prorated for the amount of time the network is down. The network availability guarantee only applies to Dedicated Servers and Virtual Private Servers as our Shared, Reseller, and Premium offerings are covered by our Uptime Guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. DeguWeb Ltd 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. DeguWeb Ltd will hold any reseller responsible for any of their clients actions that violate the law or these terms of service.
11.) Shared (non-reseller accounts) / Premium Servers
Shared and Premium accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account, virtual private server, or dedicated server.
12.) Dedicated Servers
DeguWeb Ltd 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 and internal company policies. 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. DeguWeb Ltd 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 most simple solution. Please contact our sales department if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
13.) Price Change
The amount you pay for hosting will never increase from the date of purchase without prior notice. We reserve the right to change prices listed on deguweb.com, and the right to increase the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold DeguWeb Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against DeguWeb Ltd, 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 DeguWeb Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with DeguWeb Ltd; (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 DeguWeb Ltd's server.
14b.) Limited Liability
Under no circumstances, including negligence, shall DeguWeb Ltd, its offices, agents or any one else involved in creating, producing or distributing DeguWeb Ltd services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the DeguWeb Ltd services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to DeguWeb Ltd's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on DeguWeb Ltd's servers.
By using any DeguWeb Ltd services, you agree to binding arbitration. If any disputes or claims arise against DeguWeb Ltd or its subsidiaries, such disputes will be handled by an arbitrator of DeguWeb Ltd's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
DeguWeb Ltd shall not be responsible for any damages your business may suffer. DeguWeb Ltd makes no warranties of any kind, expressed or implied for services we provide. DeguWeb Ltd 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 DeguWeb Ltd and its employees.
16.) Disclosure to law enforcement
DeguWeb Ltd may disclose any subscriber information and files, databases, access logs, and other account data 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.) Addendum Terms and Agreements
By agreeing to these terms of service you agree to have read and understood not only this document, but our support scope, and our mailing policy documentation and agreements.
If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
19.) Technical Support Boundaries
DeguWeb Ltd provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues. Unlike many hosting companies we do our best to help with scripts, templates and programing languages. However, under no circumstances is DeguWeb Ltd obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
20.) Web Design Boundaries
DeguWeb Ltd undertake projects per customer request. We work with you to get a website up and running and to the customers standard. After the initial website is completed and signed off by YOU the client DeguWeb Ltd passes all responsibility on to the client. Under no circumstances do we edit or change any content / designs / themes / images or Plug-ins after completion unless a fee has been paid. Once DeguWeb Ltd has completed the project and it has been signed off it is the clients responsibility to keep all scripts and plug ins up to date as mentioned under Server Abuse.
We aim to start all projects within 24 hours of payment received unless stated at time of purchase. If this target cannot be kept we will advise you via email before starting or before project deadline. All projects are completed to a deadline set as discussed during Project brief.
DeguWeb Ltd reserves the right to cancel any project that has been on hold for more than 14 days due to awaiting content or information from client. If we cancel the project for this reason we will not give any type of refund. Under no circumstances do we start any work or project before we have received FULL payment
If YOU the client requests additional information / Content / images or anything more then what has been set out in the brief to be added to the Project, we reserve the right to charge an additional fee per change.
If you require any more information regarding our terms then please submit a ticket to our Design Team
21.) Request for Restore of Hosting Package
During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a £5 one time fee will be enforced.
22.) Changes to DeguWeb Ltd's Network
Upgrades and other changes in DeguWeb Ltd's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customers hosted content and/or applications. DeguWeb Ltd reserves the right to change its network in its commercially reasonable discretion, and DeguWeb Ltd shall not be liable for any resulting harm to Customer.
DeguWeb Ltd reserves the right at any time and from time to time to amend, improve or correct the Services, Software and/or Hardware (or any part thereof) provided that such modification does not materially affect the overall quality of the Services. This includes the right to substitute the Hardware with Hardware of similar specification, where necessary. DeguWeb Ltd shall endeavour to give the Client reasonable notice of such modifications but this may not always be possible and DeguWeb Ltd shall not be liable to the Client or to any third party for any such modification or any failure to give such notice
23.) Force Majored
DeguWeb Ltd shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond DeguWeb Ltd's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
24.) Changes to the Terms of Service
DeguWeb Ltd reserves the right to revise its policies at any time without notice.