Terms Of Service

Terms Of Service
Customers using hosting services provided by HivlyHost are required to follow our terms of service at all times. This policy contains clearly labelled sections with relevant information related to that area displayed clearly.

1) Payment Of Invoices
1.1 Customers are required to pay any due invoices within 14 days of being issued. Otherwise, their account will be suspended without any prior notification. Customers should make every attempt to pay their due invoices within 14 days or contact our billing department if they are unable to pay the invoice in full as we are able to provide payment plans and reduced invoice fees along with sponsorships.

2) Refund Policy
2.1 We will refund any remaining months of any customers hosting period that has been paid, upon their request if they are unhappy with our services. Customers are however required to contact our customer care team and allow us to attempt to resolve the issues your experiencing, if we then fail to provide a satisfactory solution, customers may request a refund. Services including but not limited to Domains, Setup Fees and Addons can not be refunded. Refunds will not be issued for any of the following; Violation of Our Terms Of Service, Buyers Remorse, or buying a service without being fully aware of the features advertised.

3) Uptime Guarantee
Customers may receive one additional free month of hosting of their current hosting package if the following conditions are met.

3.1 * You request your additional hosting within 7 days of uptime dropping below 99.8%
3.2 * You are using our shared hosting packages.
3.3 * You have no outstanding payments to be made on your account.
3.4 * Our official monitors show uptime below 99.8%

Customers may open a support ticket to have this additional month credited to their account if the above conditions have been met.

4) Free Domain Conditions

The following set of conditions applies to the free domain extensions provided for customers on our paid hosting packages.

4.1.1 * The free domain is one of the listed extensions for paid accounts.
4.1.2 * You wait at least 90 days to transfer your domain to another provider.
4.1.3 * We will manage the domain on your behalf and configure it for use on our servers.

Please contact our customer care team if you have any concerns regarding these conditions and we will attempt to resolve these concerns.

5) Delivery of Services
You agree that our delivery process satisfy's your requirements upon registration of any of our hosting packages.

5.1 * We will deliver our services upon completion of our background checks.
5.2 * We will send your account credentials to the email you registered with.
5.3 * We will only activate paid services upon full payment of any invoices.
5.4 * We will not charge fees dependent upon payment methods however transaction fees may be charged, however, we are unable to prevent this from occurring
5.5 * We will terminate all services if a customer submits a service chargeback, or threatens to do so.

6) General Terms and Policies

These Terms of Service and Acceptable Use Policies ("Terms and Policies") are an essential part of your relationship with ourselves and by using your hosting account, you agree to all of the Terms and Policies set out in this document.

Grounds for Suspension and Termination
You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for us to suspend or terminate your account. You agree that we have the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following. Subdomains, as well as domains, are included under these policies, even if hosted by third parties. 

6.1 * Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)

6.2 * Hosting websites dedicated to pornography. Legal adult content is allowed however it cannot be the main focus of your website.

6.3 * Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a cleanup fee of £50 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.

6.4 * Using your shared hosting package as a file hosting service.

6.5 * Using the Service in an attempt to break security, or so as to actually break the security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.

6.6 * Using your account as a backup service. All files must be part of your website and must be linked to from your account. 

6.7 * Using the Service in such a way as to forge or misrepresent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender's identity or location. This includes the hosting of Proxy Server applications.

6.8 * Uploading, linking to or storing warez, cracks or other pirated/illegal software.

6.9 * Assisting in distributing copyrighted material.

6.1.0 * Excessively using the Service in such a way as to limit the bandwidth available to others.

6.1.1 * Providing fake or incomplete contact details, including name, postal address and telephone number.

6.1.2 * Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.

6.1.3 * Performing a chargeback or threatening to perform a charge back, on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account and to deny any future business.

6.1.4 * Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.

6.1.5 * Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s).

6.1.6 * Attempting to cancel, supersede, or otherwise interfere with email other than your own.

6.1.7 * Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.

6.1.8 * Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effectively impedes or totally disables functionality of the recipient system(s) or any other methods of denial-of-service attacks.

6.1.9 * Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.

6.2.0 * No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, we may at our sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.

6.2.1 * Hosting more than 30 domains on a single account, will require a reseller service.

6.2.3 * Abusing our customer service team, for example using aggressive language or making unreasonable requests, as defined by the management team.

7) Regarding quality of service

7.1 * Security - You agree not to access or attempt to access private areas of the Service. You agree to notify us as soon as you become aware of any unauthorised use of your account and/or any breach or attempted breach of security of your services.

7.2 * Intellectual Property - we do not currently undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent through our abuse form.

7.3 * Continuing a specific identification of the allegedly infringing material and the location(s) on our facilities where the materials are to be found. Upon receipt of such written notice, we will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If we receive a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, we will send you a copy of that notification. Unless you notify us of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.

7.4 * Liability - You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by ourselves, neither ourselves nor any of our affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Ourselves neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that we are not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on our equipment or not, postings to newsgroups, and participation in any online chat sessions. You agree to indemnify and hold harmless our company and employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.

7.5 * You agree that, should you use the Service to send or receive voice communications, we do not act as a telecommunications carrier or telephone , that there is no representation made by us under any circumstances as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that we have no liability of any sort for the failure or lack of quality of such use of our services.

7.6 * Backups - We carry out daily/weekly backups, however, these backups are not accessible to clients, except under exceptional circumstances. You take responsibility for making your own backups. Only in the event of a server failure will we permit access to our non-client backups free of charge, however only the most recent backup will be made available for a limited period of time.

7.7 * You agree that under no circumstances we will be financially reliable for any direct or indirect loss of business caused by the suspension of your hosting account.

7.8 * You understand that we will not provide complimentary support for any third-party scripts or softwares.

8) Resource Usage
The user may not use our resources for any of the following activities. Participating in any of these activities constitutes to resource abuse and will result in temporary or permanent suspension of any accounts involved.

8.1 * Running any type of interactive real-time chat applications that require large amounts of server resources. Remotely powered chat applications are however fully permitted for usage on our servers.

8.2 * Running stand-alone, unattended server-side processes at any time on our servers.

8.3 * Running any software that interfaces with an IRC (Internet Relay Chat) network.

8.4 * Running any bit torrent application, tracker or client, these not only use a lot of our server resources, they are also illegal in some regions.

8.5 * Run any gaming servers such as counter-strike, half-life or battlefield1492 as these constantly use large amounts of system resources and customers often don't have the appropriate licenses to run gaming servers.

8.6 * Running any cron entries with intervals of less than 10 minutes as these can result in reduced performance of other customers websites, which isn't fair as they paid to have their share of our system resources.

9) Content

You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. We have no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access to any material you may find objectionable where applicable.

10) Privacy
We will not sell any of your personal data, for example, your name or email to third-party customers without the formal agreement between all parties involved. We may, however, share customers non-identifiable information such as response and feedback survey information to third-parties, however, this will exclude any of your personal details. Please refer to our privacy policy for full details regarding our practice of storage and usage of your personal information.

11) Disputes
You agree that any disputes that can't be resolved between yourself, the client and ourselves the provider will result in termination of any related services. Also, dependent upon the severity of the dispute, we may choose to cancel any further orders on your account.

12) Governing Law
These terms of service are legally binding in the United Kingdom and the United States of America. Other countries aren't legally bound to these terms and regulations, however, our company can still enforce them against any other active services that the customer has purchased.

13) Cancellation Procedure
Customers may at any point decide to cancel their services with or without any prior notice or reason. We require all customers to follow our official cancellation procedure, which requires customers to visit our cancellation form located within our website and fill in the appropriate information, along with proof of ownership of the account you are attempting to close. Customers also agree to the following conditions upon requesting a service cancellation.

13.1 * Services will be terminated within 24 hours of request.
13.2 * Cancellations can not be overturned unless under extreme circumstances.
13.3 * You are required backup your account data yourself.
13.4 * No refunds will be provided unless specified.
13.4.1* If refunds are provided they will only be for whole remaining months.

14) Discount Codes
The following conditions apply to any customers who use our discount codes to receive our hosting packages for a reduced fee. Failure to adhere to these conditions can result in invoices of the full amount of the hosting package without the discount code applied been generated. The conditions are as follows for customers using our discount codes.

14.1 * Discount codes are only valid once per transaction.
14.2 * Discount codes are restricted to one per customer.
14.3 * Discount codes do not apply to renewals unless otherwise specified.
14.4 * Discounts can be redeemed against the purchase of any shared hosting packages.

15) Affiliates Program
The following conditions apply to any customers promoting our services through our affiliates program and they must be followed at all times.

15.1 * Affiliates are not allowed to mask their affiliate links and masking affiliate links can result in termination of access to our affiliates program.
15.2 * You are not allowed to spam your affiliate link on forums or any other location.
15.3 * You must only make quality posts in relevant forums including information about our business when promoting your affiliate link.
15.4 * Affiliates may at any time request for a discount code for referred customers to use.

16) Amendments
These Terms and Policies may be amended in any respect at any time by us, upon the posting of the amended Terms and Policies on the terms of use section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of your services with us through our cancellation form.

Last Modified: Friday 18th August 2017

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