Introduction

This document describes the service that is offered, and the charges levied for those services. It describes the specific levels of service you will receive, and finally describes some actions that are prohibited.

Setting aside the legal and market-speak, we will uphold our end of this agreement to the best of our ability in an honest and straightforward fashion. We will support you with highly technical persons who also understand the social context that this service exists in. In return, we ask that you follow the terms spelled out in this agreement.

The Supplier

Direct Hosting UK from this point forward referred to as “the supplier” provides web hosting services which are accessed via UDP and TCP/IP.
You are responsible for the use of software on your account. All parties entering into this contract must be at least 18 years of age.

The specific operating system, the amount of money charged per unit time, and the unit time itself are agreed upon during commencement of the service.

The purchaser of a product is responsible for its use and will be liable for any charges that come about from misuse or over usage.

IP Addresses

You acknowledge that you have no right, title or interest in the IP address allocated to you, and that any IP address allocated to you is allocated as part of the services and is not portable or otherwise transferable by you in any manner whatsoever.
If an IP address is renumbered or reallocated by the supplier, the supplier shall use his reasonable endeavours to avoid any disruption to you.

You agree that you will have no right, title or interest to the IP address upon termination of this agreement, and that the acquisition by you of a new IP address for your Website following termination of this agreement shall be your exclusive responsibility.

Software licence and rights

If and to the extent that you require use of the supplier’s software in order to use the Services, the supplier grants to you a royalty-free, world-wide, non-transferable, non-exclusive licence to use the supplier’s software in object code form only. You have the right to authorise your employees, agents and third party consultants and contractors to use the supplier’s software as aforesaid provided that such use is consistent with the terms of this agreement.

You grant to the supplier a royalty-free, world wide, non-exclusive licence to use all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to your Website and all associated software ("content") so far as is necessary in order for the supplier to provide the Services.

Save as expressly set out herein, this agreement does not:

- Transfer or grant to you any right, title, interest or intellectual property rights in the supplier’s software;
- Transfer or grant to the supplier any right, title, interest or intellectual property rights in your content.

You agree that you will not for yourself, or through any parent, subsidiary, affiliate, agent or other third party:

- Copy the supplier’s software except as expressly permitted under this agreement or by law;
- Sell, lease, license or sublicense the supplier’s software or the documentation connected with it; or
- Use any confidential information of the supplier.

The Service

You may terminate the service at any time on giving not less than 10 days written notice before your billing is due by emailing accounts@directhostinguk.com. All cancellation are processed on the same business day and any related services are removed within the same time frame. Refunds will generally not be issued unless the supplier believe that their are appropriate grounds for a request. If applicable refunds will only be issued for the previous one (1) month of service.

Should any part of your account be overdue the supplier reserve the right to suspend all services associated with your account.

The 30 day money back is offered on all accounts, this doesn't apply should you:

1) Choose a product combination which the supplier consider in its absolute discretion unstable.
2) The supplier terminates you’re your contract for breach of these conditions / You have already claimed money back before
3) You request a refund due to non-use of the VPS or that you are trying to abuse the money back guarantee
4) You request a refund due to a technical issue that you have not bought to our attention via a support ticket.
5) You request a refund due to inability to use the basic functions of a VPS.
6) Things which are outside the supplier’s control (such a network issues at your ISP) stop you being able to access the VPS.
7) Your VPS being overloaded or sites being run on it which are not suitable for the VPS environment.

Requests for refund must come from the email account that we have on file. Should this not be possible the supplier reserves the right to require proof of identity. In the event that such proof is not forthcoming the supplier shall be under no obligation to make any refunds.

Your contract with us last and renews for the length of you billing period. For example if you pay every month then your contract is for 1 month. If you pay every 3 months, your contact lasts 3 months and so on. Should payment be late by greater than 2 days we reserve the right to levy a late fee on your account of £5. Beyond 3 days late we will disconnect your service and there will be a reconnection fee of £15 for VPS.

By adding your credit card to the billing system you authorise the company to take reasonable charges for the contact period as well as any extra charges such as overage fees that you may incur, with proper notification given for any charges beyond the normal contract period renewal cost.

In return for these payments, you account will have a 99.5% or better period of connectivity to the public Internet measured in one hour intervals over the period of three months. Further, you will receive technical support for any issues related to your service. Your requested entries in our DNS servers will have the same availability. Should you have a claim, it must be made within 48 hours of the downtime. Connectivity is measured from your server out onto the Internet. This SLA does not cover server downtime caused by hardware issues, client mistakes or planned downtime.

The Website shall be available to visitors pursuant to the Services 99.9% of the time. Where the Website is not so available due to Downtime, you will be credited with an amount calculated monthly as an aggregate of all Downtime events in accordance with a 10% refund for every 0.1% beyond 99.9%

For the purposes of this agreement ‘Downtime’ means any service interruption of one minute or more in the availability to visitors of the Website pursuant to the Services, but only if the interruption is due to a default by the supplier resulting in power, network or hardware failure, but excluding software issues.
Outages, including emergency and previously scheduled windows for router, switch or server maintenance, are not to be included in downtime calculations. The supplier shall make all commercially reasonable efforts to provide you with previous email notification of all scheduled and emergency outages.
The supplier shall notify you of any report of Downtime, and investigate it using suitably qualified personnel, as soon as reasonably practicable after becoming aware of it, and shall remedy the downtime as soon as reasonably practicable.

Technical support will be provided on a same day basis, usually within 30 minutes.

Warranties

The supplier warrants to you that all services provided to you by the supplier shall be provided with due care and skill.
You warrant to the supplier that:

- The supplier’s use of the content in accordance with this agreement will not infringe the intellectual property rights of any third party;
- You have the rights, power and authority to license the content to the supplier as set out in herein.

Save as expressly set out in this agreement all representations, warranties, terms and conditions whether oral or written, express or implied by law, custom, statute or otherwise and including but not limited to satisfactory quality or fitness for any particular purpose are excluded as far as is permissible under English law. In particular and without prejudice to that generality, whilst the supplier shall take reasonable care to avoid passing on any viruses or introducing them you the supplier shall not be liable to you as a result of any virus introduced or passed on to you. You are advised to check the Website regularly for viruses.

Liability

The supplier is not responsible for any claimed damages, which may result from our servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The customer agrees to indemnify and hold us and our employees harmless from any claims, damages, including but not limited to consequential damages resulting from the use of the service which damages the customer or any other party.

The supplier will cooperate fully with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate these terms may incur in criminal or civil liability.

For clients with multiple accounts, we reserve the right to suspend all accounts should the main account owner violate these terms and conditions in a manner deemed by us to be extremely serious.

The supplier will be the sole arbiter as to what constitutes a violation of these terms and conditions. The failure by a customer to meet or follow any of the above terms and conditions is grounds for account suspension or deactivation.

Chargebacks

Should the supplier receive a chargeback or a threat of a chargeback and not be giving reasonable time to rectify it in relation to your account the supplier reserves the right to suspended or terminate the service provided to you with immediate effect regardless of the situation giving rise to the chargeback.

Acceptable Use Policy

You shall not use the services or the servers provided by the supplier to:

- Send unsolicited commercial or bulk email to any party for any reason which may or may not result in a complaint.
- Access, or attempt to access a computer or network resource that you are not authorized to access.
- Distribute, make available in any way to any party intellectual property that requires some method of authorization to sell or distribute, which you do not have.
- Store, transmit, create, or examine any pictures, realistic or not, of humans under the age of 18 years in an either implied or actual pornographic picture.
- Forge email headers or TCP/IP packet headers or engage in spoofing.
- Distribute worms, trojans, or viruses, or commit or attempt to commit any denial of service attack against any computer, network, or individual.
- Violate export controls on any software or intellectual property.
- IRC access is forbidden
- War Bots/X-DCC are not allowed
- No bouncers are allowed
- Use any peer to peer programs.
- If you are found to have caused a DDOS your account may be suspended or cancelled and you billed.
- Abuse towards the supplier’s staff in the form of verbal abuse or anything else that we deem to be offensive may result in cancellation of your account
- No free hosting companies are allowed on our service due to the high risk of abuse by end clients
- Game servers such as CounterStrike, Half Life 2 and similar are not allowed due to the amount of CPU resources they take

- Proxies are tolerated but should they cause issue the supplier has the right to suspend them and inform the client they need to upgrade or move the proxy

(”Acceptable Use Policy”)

For the avoidance of doubt, the supplier does not monitor, and will have no liability for the contents of, any communications transmitted by virtue of the services. Notwithstanding the aforesaid the supplier reserves the right to withdraw the service without compensation to the you in the event of a breach of the Acceptable Use Policy and any such breach shall be treated as a fundamental breach of contract.

Termination

If you fail to pay any sums due to us as, we may suspend the services and/or terminate this agreement forthwith without notice to you.

If you break any of these terms and conditions we may suspend your services and/or terminate this agreement forthwith without notice to you.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the services and/or terminate this agreement forthwith without notice to you.

We reserve the right to suspend your services and/or terminate this agreement at any time.

You may terminate the service at any time on giving not less than 10 days written notice before your billing is due by emailing accounts@directhostinguk.com, All cancellation are processed on the same business day and any related services are removed within the same time frame.

Refunds will generally not be issued unless the supplier believe that their are appropriate grounds for a request.

Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.

On termination of this agreement or suspension of services we shall be entitled immediately disable your services and remove all data.

Invalidity

If any provision of this agreement is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, whether pursuant to any judgment or otherwise:

- The validity, legality and enforceability under the law of that jurisdiction of any other provision; and
- The validity, legality and enforceability under the law of any other jurisdiction of that or any other provision, shall not be affected or impaired in any way.

If any provision of this agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, that provision shall be divisible from this agreement and shall be deemed to be deleted from it and the validity of the remaining provisions shall not be affected. If any such deletion materially affects the interpretation of this agreement, the parties shall use their best endeavours to negotiate in good faith with a view to agreeing a substitute provision as closely as possible reflecting the commercial intention of the parties.

Privacy Policy

We are committed to protecting your privacy. The information that we collect from you will be used lawfully; in accordance with the Data Protection Act of 1998. We collect information about you for only two (2) reasons: first, to process your order and second, to provide you with the best possible service.
We promise not sell or submit your details to anyone unless in the course of legal proceedings. The only information we collect about you are the following: your name, address, telephone number, email address, and the IP address you signup from. The information we hold should be kept accurate and up to date. You may check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will always be held securely in accordance with our internal security policy and the law.

Revisions

The supplier reserves the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time.

Notices

Any notice to be given by either party to the other may be sent by either e-mail or recorded delivery to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by e-mail shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

Applicable Law

This agreement shall be governed by and construed and interpreted in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.

Headings

Headings are included in this agreement for convenience only and shall not affect the construction or interpretation of this agreement.

Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.

In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this agreement.