Here at DuckHost we have decided to write our Terms Of Service in a way which will make it easier for the average Joe to understand by purchasing any service or product from DuckHost you agree to the following:
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Services
DuckHost agrees to provide the customer with the Web Hosting / Service as described in the order for the costs described in the order. Providing the customer does not break this agreement and keeps their payments to DuckHost. -
Term
The service term will begin on the date that DuckHost generates an e-mail message to confirm the customers account is now active and will continue for the time as stated in the order. When this expires the order will automatically renew for up to three renewal terms of the same length unless the agreement is terminated by DuckHost or the customer within (7) Seven days prior notice to the date of the expiration of the term. -
Payments
3.1 Fees
Fees are to be paid on the first day of each billing cycle. The customers billing cycle will be Monthly or Annually as indicated in the order. DuckHost requires the payment for the first order to be paid before the service can be started. If the order is paid using a credit or debit card the customer authorizes DuckHost to bill these fees on or after the first day of each billing cycle during the Term of this agreement. Otherwise the customers invoice will be sent via e-mail to the customer. Invoiced fees may be issued (5) five days before the due date of the billing cycle.
The Customer is responsible for providing DuckHost with changes to billing information such as credit card expiration or change in billing address. DuckHost may apply a charge of £2.50 for late payment each month. This covers the fee for reconnection of the services if it has been suspended due to the service not being paid. DuckHost may suspend the service without notifying the Customer if the service is not paid. The customer has (10) ten days to dispute the fee or it is counted as accurate. The customer agree to pay DuckHost reasonable costs for the collection of overdue amounts including costs for collection agency fees, lawyer fees and court costs.
3.2 Fee Increases
Duckhost may increase the fees of its services effective on the first day of a renewal term by giving the customer notice of atleast (10) days prior to the start of the new term. If the customer does not cancel the service the customer will be deemed to have accepted the new fees for that term and susequent renewal terms unless altered before the next term.
3.3 Early Termination
Customers acknowledge that the amount of the fee for the service is based on the customers agreement to pay for the entire initial or renewal term as applicable. In the event DuckHost terminates the agreement for the customers breach of the agreement in accordance with section 9 (Termination) or the customer terminates the service in accordance with section 9 (Termination) for DuckHost's breach, the unpaid fees for each billing cycle remaining are due on the following business day.
3.4 PayPal Disputes
The Customer acknowledges that opening a dispute will result in instant suspension upon notification from PayPal. The service will only be resumed upon agreement of the case or the case being closed by the customer. In the event that the customer is succesful with their case and is granted a refund DuckHost reserves the right to terminate their account immediately in accordance with section 9.2.5.
3.4.1 Multiple Disputes
In the event a client opens multiple disputes over the same service DuckHost reserves the right to charge a £2.50 for reinstating the customers services per service, per dispute. This fee may be over ruled providing DuckHost had been contacted prior to the dispute and failed to take addiquite action as defined by DuckHost in resolving the matter.
3.5 Refunds
Customers acknowledge that refunds are only offered in the event there is a problem with that server for (1) one week. This exlcudes domain names as they must be registered for one year.
3.5.1 Domain For Life
In the event a domain for life is provided as part of a hosting plan the domain name fee registration will be deducted from the refund or charged to the customer if the refund amount is less than that of the domain name. Payment of this amount will allow the customer continued use of the domain name. However, failure to do so will result in the domain being withheld and set to a DuckHost holding page. Domains for life are for the life of the package
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Law / AUP
Customers agree to use the services in compliance with the applicable law and DuckHost's acceptable usage policy which is now included in this agreement by reference. Customers agree that DuckHost may make reasonable changes to the AUP. Amendments of the AUP are effective on notice from DuckHost. Customers agree to co-operate with DuckHost in reasonable investigation of any suspected violation of the AUP. In the event of a dispute between DuckHost and the Customer regarding the meaning or understanding of the AUP, DuckHost's interpretation of the AUP shall be used. -
Customer Information
Customers agree to provide DuckHost with the correct information for themselfs or their company and making sure it is up to date and accurate. If the customer is an individual the customer must be atleast (18) eighteen years old. However in the event the customer is under the age of (18) eighteen years of age a parent or guardian must knowingly agree to the customers purchase and take responsibility for any fees given to the minor. DuckHost may carry out instructions of the person listed as the Primary Customer Contact on the order with regards to the customers account until the customer has provided ntoice of a change in primary customer contract. -
Indemnification
Customer agrees to indemnify and hold harmless DuckHost, DuckHost’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of authorization by the customer to use the services. -
Disclaimer of Warranties
DuckHost does not guarantee the service will not be interrupted, error free or completely secure. To the extent permitted by applicable law DuckHost dislaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, all services are provided on an “as is” basis. -
Limitation Of Damages
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, in connection with the agreement, even if the party has been advised or aware of the possibility of such damages.
The maximum aggregate liability of DuckHost under any theory of law including breach of contract, tort, strict liability, and infringement shall be a payment of money not to exceed the amount payable by the customer for (3) three months of service. -
Suspension / Termination
9.1 Suspension
Customers agree that DuckHost may suspend services to customers without notice or liability if:
9.1.1 DuckHost reasonably belives that the services are in violation of the AUP.
9.1.2 The customer fails to co-operate with any reasonable investigation of any suspected violation of the AUP.
9.1.3 DuckHost reasonably believes the suspension of the service is neccesary to protect its network or its customers.
9.1.4 As requested by a law enforcement or regulatory agency.
9.1.5 The Customer fails to make their payments.
9.2 Termination
The agreement may be terminated by the customer prior to the expiration of the term without further notice or liability if DuckHost fails to provide the service in accordance with the terms of the agreement and does not correct the failure within (10) ten days of the customers written notice describing the failure in reasonable detail.
The agreement may be terminated by DuckHost prior to the end of the term without further notice or liability as follows:
9.2.1 Upon (7) seven days notice if the Customer is overdue on the payment of any amount due under the Agreement.
9.2.2 Customer violates any section of the Agreement and fails to correct the violation within (7) days of notice from DuckHost describing the violation in reasonable detail.
9.2.3 Upon (1) one days notice if the customers service is used in violation of a term of the AUP more than once.
9.2.4 Upon (7) seven days notice if the customer violates Section 5 (Customer Information).
9.2.5 Immediately (0) days notice upon refund to customer in regards to a PayPal dispute.
Either party may terminate this agreement upon (7) seven days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations. -
Request for Customer Information
Customers agree that DuckHost without notice to the customer may:
10.1 Report to the appropriate authorities any conduct by the customer or any of the customers clients or end users that DuckHost believes violates applicable law.
10.2 Provide any information that it has about a customer or any of its clients / end users in response to a formal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request. -
Backups
Customers agree that DuckHost is in no way responsible for keeping backups for the customer unless:
11.1 Changes to the DuckHost Network under section twelve (Changes To Network).
The sole duty of backups is the customers whom agrees that DuckHost is in no way liable for loss of data due to but not limited to customer error or server failure. -
Changes To DuckHost's Network
DuckHost reserves the right to change its network in its commercially reasonable discrection and DuckHost shall not be held liable for any resulting harm to customers. Backups of these changes will be held on file for (7) seven working days to allow for restoration errors. This is including but not limited to changes in software, hardware and service providers. -
Notices
13.1 Notices to DuckHost
Notices to DuckHost should be made using any method on the Support page. Notices are deemed received on the trasmitted date or in the event it is a non business day it is deemed recieved on the next business day.
13.2 Notices to the Customer
Notices will be delivered via mail or electronic mail to the Primary Customer Contact on the order. Notices are deemed received on the trasmitted date or in the event it is a non business day it is deemed recieved on the next business day. -
Force Majeure.
Duckhost will not be held accountable for failure to provide the service in events out with DuckHosts control without limitation and this includes but is not limited 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 or deemed an act of god. -
Fair Usage Policy
DuckHost provides a fair usage policy on all its servers. On Shared web hosting this is determined by the default bandwidth limit set, however DuckHost reserves the right to suspend any account that uses a substantial amount of the CPU or virtual memory of the server they are on. The customer must then work with DuckHost to lower the CPU Usage. However if the customer fails to reduce it enough or fails to make any changes DuckHost may terminate the account with (7) seven days notice. -
Governing Law / Disputes
The Agreement shall be governed by the laws of the Country of the United Kingdom, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. -
Miscellaneous
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on DuckHost unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without DuckHost’s prior written consent. DuckHost’s approval for assignment is contingent on the assignee meeting DuckHost’s credit approval criteria. DuckHost may assign the Agreement in whole or in part.
This agreement together with the AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and super cedes and replaces any prior understanding or communication, written or oral. -
Guarantees
DuckHost offers a (7) seven day money back guarantee on all shared hosting plans. Upon cancellation of your account you can request a refund for the remainder (un-used portion) of your billing term exlcuding any domain registration fees (Including but not limited to domains for life)
All refunds are subject to a £7.00 domain registration fee if applicable; however upon payment of this charge you will have the opportunity of continues use of your domain and the ability to renew / transfer your domain name after the cancelation of your account.
All upgrades and add-ons purchased are non-refundable as part of this agreement. -
Privacy
Upon registration the customer agrees to provide DuckHost with the correct contact details. DuckHost will not share any customer details with third party companies. -
Acceptable Use
The customer agrees they will not upload or share pornography using any of the DuckHost services. The customer agrees that they will not use any software that causes the server to have a high load and will not attempt to hack the server or customers accounts and details. All hacking attempts will be blocked by the server and firewalls. The customer agrees they will not use the account for Illegal content and software and that they will not use the account to hack other internet users.
Any violation in the above acceptable use and terms and conditions could lead to suspension and termination of the account without refund under Section 9.2 (Termination). Retention
For financial reasons we must keep all payment details on record for 7 years. This is required by UK law. Duckhost keeps all client information for up to 3 months after expiry dates. After this date any personal identifiable information will be removed from the system unless stated otherwise in this terms statement. As part of GDPR you may ask for a copy of the information we keep. To request this please email support@duckhost.net. You may also request the right to forget. Once we have received this notice Duckhost will remove all information from our system except for reasons stated above.
