Terms & Conditions

This document along with our acceptable usage policy governs the use of all of hostby.net’s services. This document is not exhaustive, and hostby.net reserves the right to add, amend, delete, change or otherwise edit its terms without prior notice to existing or potential users.

Complaints regarding any user’s abuse or violation of this policy should be sent to abuse@hostby.net.

Our terms are designed to be quite fair, and if you don’t like them we are always willing to tailor them to your individual needs; provided we can accommodate them, if we can’t we will let you know.

Terms & Conditions
Revision date: 08/04/2009

If you wish to negotiate alternative terms please contact us at sales@hostby.net we are always willing to discuss and adjust our standard terms to individual customers.

All services provided by hostby.net (“hostby.net”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any law of England and Wales, along with sub-panning laws of the United Kingdom of Great Britain and Northern Ireland. 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 user agrees to honour and abide by these laws when dealing with hostby.net or utilising its services.

hostby.net’s users are required to protect, hold harmless, defend and indemnify hostby.net, its employees, any third party (individual or entity) involved in conveying the service to the user, executives, directors, attorneys, lawyers, solicitors, consultants, contractors, from and against any and all losses, liabilities, judgements, costs, court proceedings, causes of actions, including but not limited to legal costs and expenses, arising out of the user’s employment of the hostby.net’s range of services.

Additionally you must comply with our Acceptable Usage Policy

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. Once you hit the traffic limit your site will be suspended, we will contact you before this happens to give you the opportunity to upgrade your account, or purchase more traffic allowance.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of hostby.net is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

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

All sub-networks, distributive hosting sites and dedicated servers of hostby.net must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, hostby.net shall either:

(1) debit the client’s credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to hostby.net by no later than the specified payment due date. hostby.net 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. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a setup fee charged by hostby.net to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to hostby.net and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Refund policy
If client has retained the services for one year and has pre-paid hostby.net for such services, refunds will be issued for any unused full month of the services, upon client’s request. Therefore, if client’s account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of £20.00 prior to reactivation.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

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

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

Violations
Violations of these Acceptable Use Policies should be referred to abuse@hostby.net. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
hostby.net cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by hostby.net are resold. Thus, certain equipment, routing, software and programming used by hostby.net are not directly owned or written by hostby.net. Moreover, hostby.net holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as hostby.net sees fit.

Account Activation
By activating your account with hostby.net, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
hostby.net guarantees 99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime. We reserve the right to request proof of downtime.

hostby.net reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.