Terms of Service Agreement

Updated on: 20-11-2013

DevonHosting (“we”, “us”) provides hosting and email, domain registration and dedicated server hosting services together with such other services as are agreed between it and the customer (“the Services”).

1. Conditions

By subscribing to any of the Services and opening an account with us (“the Account”) you (“the Customer”) agree to be bound by these terms and conditions. These terms and conditions apply to all DevonHosting accounts. They set out the basis on which we offer our services and should be read carefully.

2. Services

2.1 DevonHosting will use reasonable efforts to supply a continuous service. However, DevonHosting is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. DevonHosting is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.

2.2 You agree that DevonHosting is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. DevonHosting is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of UK or other applicable law.

2.3 DevonHosting’s customers are liable for all charges levied by their telephone service provider arising from the Customer's use of the Services.

2.4 From time to time DevonHosting or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. DevonHosting will give as much notice as possible and shall try to keep this work to the period specified in the notice. DevonHosting accepts no liability whatsoever arising from such a suspension of the service.

2.5 The Customer agrees that it will not re-sell, sub-lease, reassign or transfer any part of the Services.

2.6 YOU acknowledge and agree that details of YOUR name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the RIPE NCC to ensure that both WE and YOU fulfil their obligations under prevailing RIPE policies and that such data may be published in whole or in part in the RIPE WHOIS database.

2.7 License costs of all third party applications and software offered with our plans are subject to change without written intimation.

2.8 DevonHosting reserves the right to pass on any additional charges/price increases as a result in price changes from third party software and license vendors irrespective of the hosting cycle.

3. Banned Content

3.1 Customers must use the Services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British law is prohibited. The list of banned content includes, but is not limited to :-

(a) Illegal Material - This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.

(b) Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

(c) HYIP - We do not allow any HYIP sites, or sites that link to or have content related to HYIP sites.

(d) Proxy - We do not allow any proxy set-ups or connections or any sort of activity through remote proxy connections on our Shared Hosting, Reseller Hosting, VPS Hosting and Dedicated Servers. The first offense committed by the Customer will result in suspension of their Account. Any second violation will result in immediate Account termination.

(e) IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any second violation will result in immediate account termination.

(f) Defamatory content - any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.

g) Bit Torrents: Use of software and scripts for "bit torrents" or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.

3.2 We are under no obligation to edit, review or modify the contents of your website. However, we reserve the right to remove any content without notice. For the avoidance of doubt we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.

3.3 Any Customer found to be using the Services for any of the purposes contained in Clause 3.1 may have their Account terminated without notice.

3.4 The Customer agrees to fully and effectively indemnify DevonHosting against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by DevonHosting in consequence of the Customers breach or non-observance of this Clause 3.

3.5 The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against DevonHosting arising from breach or breaches of this Clause 3. DevonHosting may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide DevonHosting with the assistance necessary to defend such claims, at the Customer’s sole expense.

4. Domains

4.1 We register domains through a partner company. We do not place your details on the whois output of the domain due to legal reasons however if you commit any sort of illegal activity we reserve full right to provide the appropriate personnel with your details. If you wish to have your details displayed upon the whois output please contact us and we will be glad to assist you.

4.2 "Due to a legal agreement between ENOM INC, our domain registrar, and LegitScript, customers should be aware that the domains purchased with the intent of selling prescription drugs, via a company not properly licensed in the destination country, could be frozen pending a legal appeal. DevonHosting Ltd. has no control over this process and disputes will need to be handled through the proper legal channels in the disputed country."

5. Adult Content

We allow websites with legal adult content only. We do not allow pornographic or sexually-explicit images of children or any pictures/video which are obtained illegally to host on our servers.

6. Size limitations

You agree and understand that the maximum size of a single MS SQL database will not exceed 400 MB irrespective of the web space allocated to the hosting account and that the size of each mailbox will be limited to 500 MB on all our Windows Shared and Reseller hosting services.

7. Server / Resource / Staff Abuse

7.1 You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients' accounts.

7.2 If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.

7.3 If you operate any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to impose new terms on you in exchange for the current terms that you enjoy (i.e. an upgrade). You are allowed to use upto 25% of total resources available on a shared server and if your account continues to use more than 25% of the resources, it will result in suspension.

7.4 Denial of Service (DOS) attacks directed at DevonHosting, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.

7.5 DevonHosting reserves the right to disable/delete any feature or application provided on shared hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web servers' overall health and performance.

7.6 If you are in any way disrespectful towards any member of the DevonHosting staff we have full right to terminate your account with us without any refund.

8. Bandwidth

8.1 If your account exceeds the bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Account and continue to exceed the limit, the Account shall be suspended until you demonstrate to us that you have taken measures to ensure that the limit won’t be exceeded again or upgrade your account, whichever is earlier. The Account will be reactivated in the following month.

8.2 We provide unlimited connectivity for our Windows Shared packages. Unlimited connectivity means that we do not accurately record and then enforce the bandwidth usage of your site unless it is deemed to be using an excessive amount. An excessive amount is classed as using more than 15% of the total bandwidth to said Shared node for an individual account. When such events occur, we reserve the right to immediately suspend service if the level of use is at risk of causing a disruption to other users. In other cases, we will attempt to communicate with you to discuss said usage. We reserve the right to charge additional fees if the normal usage of your site frequently exceeds this usage. If said charges are not acceptable to you, we will attempt to provide a reasonable time frame for you to move services.

9. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

9.1 You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. DevonHosting would be the sole arbiter as to what constitutes a violation of this Clause.

9.2 You agree and understand that we have set a limit of 100 outgoing emails per hour on windows shared and reseller hosting, 300 outgoing emails per hour on linux shared and reseller hosting, 500 outgoing emails per hour on VPS Hosting, 1000 outgoing emails per hour on Cloud Hosting and 3600 outgoing emails per hour on Dedicated Hosting to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.

10. Affiliate Commissions

Affiliates cannot earn commission on the purchase of their own web hosting account and/or purchases made on their own billing account. As an affiliate, you are not permitted to self refer yourself. For instance, if you join our affiliate program and use the link code to sign up for your own personal account, you will not be entitled to receive any affiliate commission.

11. Backups

11.1 DevonHosting will use reasonable efforts to protect and backup data for clients on a regular basis, however, DevonHosting does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making back-up files in connection with your use of the Services.

11.2 You agree and understand that any back-up which DevonHosting may carry out will not include any media files. These include (but are not limited to) mp3, mpeg, wmv or any other video/audio files.

11.3 In case of VMware Cloud backups, we maintain DRS backups of the underline file system in the event of a mass failure, but these backups cannot be used for individual restores. If this is desired, our offsite backup solution is recommended.

12. Billing

12.1 If paying by a cheque, please allow 5 working days for the cheque to clear and for us to open the Account. If paying via postal orders or cash we will endeavour to set up your account on the same day.

12.2 Invoices are generated 10 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 5 days after the official due date. If no attempt is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 15 days from the official due date will pass before we permanently terminate your account.

13. Security and Viruses

13.1 You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised access to another network or server.

13.2 Your password provides access to your Account. It is your responsibility to keep your password secure.

13.3 Sharing your password and account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.

13.4 Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.

13.5 You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.

13.6 You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

13.7 You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

13.8 You agree and understand that users who violate systems or network security may incur criminal or civil liability. DevonHosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

13.9 You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services

13.10 JailShell Access - We do provide ssh access on Linux shared hosting packages but for security reason the access is restricted to specific IP's only. In order to avail the services you must have a local network connection with static ip address or else every time you will have to contact our support team to white list your current ip address.

14. Control Panel Support

14.1 You agree and understand that our staff members will not help you over live chat, ticket or phone support to setup email accounts, sub-domains, add-on domains or install any of the applications. We have restricted our staff from the client control panel login. Customers are expected to go through our Flash Tutorials as well as our knowledgebase to understand all features of respective control panels.

Our support team will assist you with any of the functions which won't work or if there's any server side problems that needs to be rectified from our end. Customers may consider help from our forum to get detailed information from other forum members, however basic tasks that can be managed from the control panel are expected to be resolved from the Customer’s end only.

14.2 You will need to upload your website from your end using file manager or an FTP software. Databases should be uploaded from PHPMyAdmin and sub accounts like FTP, Mailboxes, Sub-domains, Add-on domains, Parked domains which should be setup from the client's end only.

15. Cancellations & Refunds

15.1 DevonHosting reserves the right to suspend OR terminate services on receipt of abuse complaints.

15.2 An unconditional 30 day money back guarantee is provided on managed shared hosting, reseller hosting and VPS solutions. Domain registration fees & dedicated server packages do not come under the purview of this guarantee. Refund requests after 30 days will be refunded on a prorated basis of any unused time.

15.3 Only first-time accounts are eligible for a refund. If you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

15.4 There will be no refund for new domain registrations, ID Protect, WHM/CPanel, Plesk VPS & Dedicated Server License, Virtuozzo, SSL Certificates and Site Builder as these are purchased from External Vendors & DevonHosting does not get any refund in case of cancellation of licenses.

15.5 Any service interruptions or downtime due to scheduled maintenance by DevonHosting or our network providers will not count towards the uptime guarantee. DevonHosting is not liable in any way for failure of third party services.

15.6 In case of shared hosting account cancellation, the charges for free domain will be deducted from the amount to be refunded (if any). Domain will be free only for the initial first year in case of gTLDs and 2 years in case of .uk TLDs. Renewal charges will have to be be paid as applicable at the time of renewal. Applicable TLDs covered under free domain registration/transfer offer are .com, .net, .org, .biz, .info, .eu, .co.uk, .org.uk, .me.uk.

15.7 Should you cancel your hosting before the renewal date or wish to transfer your domain name to another service provider during it's registration period, domain registration/transfer charges will be payable before such action is completed.

16. Money Back Guarantee

16.1 Dedicated servers & domain registrations are not included under the 30 day money back guarantee policy. DevonHosting reserves the right to decide whether or not to issue pro-rated refunds under such circumstances.

16.2 All subscribers of managed shared, reseller and VPS plans carry a 30 day unconditional money back guarantee. If you find the services to be deficient or unsatisfactory, you are entitled to a full refund of the contract amount within the first 30 days of the date of account set-up.

16.3 If a refund which is requested by the Customer is to an international bank account outside of the United Kingdom, the Customer agrees to bear any and all charges incurred to us for the payment transfer. The amount which the Customer owes us shall be deducted from the total refund amount.

16.4 We also provide a price-freeze guarantee. You never have to pay more than the initial amount you sign up for your hosting service. DevonHosting reserves the right to change the resource allocation for its services & also to change the prices listed on the website.

17. Modification of Terms of Service

DevonHosting reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.

18. Termination

18.1 We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.

18.2 We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.

18.3 We reserve the right to terminate any account where the account holder advises that they have or are about to initiate legal proceedings against DevonHosting Ltd. Notice will be given advising the scheduled termination date, allowing clients to move to a new provider and take any backups. The previous months refund will also be refunded upon termination.

19.Effect of Termination

On termination or expiry of your Account for whatever reason you shall pay immediately all sums outstanding pending on your Account to DevonHosting within 14 working days.

20.Limitation of liability

20.1 DevonHosting disclaims all liabilities in connection with the following :

(a)loss of material uploaded;
(b)incompatibility of the Services with any of the Customer's equipment, software or telecommunications links;
(c)technical problems including errors or interruptions of the Services;
(d)unsuitability, unreliability or inaccuracy of the Services;
(e)computer viruses of any kind obtained by the Customer in the course of using the Services;
(f)any security breaches whatsoever affecting the Customer’s Account.

20.2 In no event shall DevonHosting be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.

20.3 Nothing in this Clause 20 excludes each party's liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.

20.4 Subject to Clause 20.3, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.

20.5 We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.

20.6 DevonHosting will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

21. Indemnity

The Customer agrees that it shall defend, indemnify, save and hold DevonHosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against DevonHosting, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.

22. Law

22.1 This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

22.2 The Customer and DevonHosting both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.

Service Level Agreement

DEVONHOSTING SERVICE AGREEMENT
(Last Update: August 01, 2012).

A. WHEREAS, DEVONHOSTING provides dedicated server[s];
B. WHEREAS, Client desires DEVONHOSTING to provide dedicated server[s];
C. WHEREAS, Client agrees to TOS  located on http://www.devonhosting.co.uk/terms_of_service.html

NOW THEREFORE, the parties agree as follows:

DEVONHOSTING SERVICE LEVEL AGREEMENT

This DEVONHOSTING Service Level Agreement ("SLA") applies to all dedicated servers. The Client agrees that DEVONHOSTING internal measurements establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify DEVONHOSTING and DEVONHOSTING and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client's eligibility for any applicable Performance Credits.

DEVONHOSTING may amend this SLA at any time. Updated copies of the SLA will be located at http://www.devonhosting.co.uk/terms_of_service.html

1.Fully Managed Servers
("Server Port Monitoring") is defined as the dedicated server participation in the monitoring of services via standard TCP/IP ports. Server Port Monitoring is performed every five minutes and a failure is defined immediately after a monitor trips for the first time. In the event of a failure if no communication is made with the Technical Support Department the procedures you have outlined will be performed. It is the responsibility of server owner to define the action to perform (QRR) in the event of a failure. This service includes up to eight Port/Services/Daemons that can be monitored in this fashion.

("Standard Network Based Security") is defined as the overall core network security that DEVONHOSTING provides every customer. This security is provided on the network level and includes secure router configurations, frequent network scans, and overall knowledge of maintaining a secure network. This service does not imply any server-based security, firewalls, DDOS/Attack protection on the server level, or Anti-Virus/Spyware based protection.

("24/7/365 Technical Support") is defined as having direct access to our technical support team 24 hours a Day, 7 Days a Week, 365 Days a year. All support provided is free of charge pending the server task that is being requested takes less than 15 Minutes. DEVONHOSTING provides a eight-hour or less response time guarantee on all support requests.

("Hard/Soft Manual Reboots in 10 Minutes or less") is defined as your request being processed in 10 minutes or less for server reboot requests. The DEVONHOSTING Support Team prefers the soft/hard reboot system as it preserves overall integrity of hardware and operating systems. The 10-minute turnaround time is defined as the time you place the request until the power or reboot command is issued. In some cases additional time is required by operating system software to perform necessary functions on the server. Best effort is made to expedite server reboots as quickly as possible.

("Host Based IDS") is defined as Intrusion Detection Systems that are used to sniff out network packets giving you a good understanding of what is really happening on a server. IDS have the capability of distinguishing different types of network traffic on the same port number. IDS have the ability to drop malicious packets that may cause your network harm. Customers using Windows 2003/2008 will be provided with an installed copy of Black ICE Defender for additional cost and customers using Linux will be provided with PortSentry and/or APF/BFD.

("Auto O/S updates and patches") is defined as automatic operating system updates and patches as part of our routine procedures. This will be a part of a continuous maintenance period of updates that take place on a regularly. As new kernels, security patches, service packs, and hot fixes are released the servers will be updated automatically. Notification of updates is provided when they occur, and prior-notifications are dispatched whenever applicable.

("Online Bandwidth Monitoring Tool") is defined as the real-time RTG graphs provided for you to review bandwidth usage. DEVONHOSTING charges bandwidth on a per GB basis, while bandwidth utilization data is provided via http://watch.DEVONHOSTING. It is necessary to signup on this particular link in order to avail this service. It is your responsibility to view and make account adjustments when necessary. In the event that over utilization

("Resource Monitoring") is defined as the addition of the dedicated server to our application based monitoring system. The monitoring application will monitor the overall disk space, processor utilization, and memory usage with notification when thresholds are exceeded. This service is customized on a per server basis and requires the submission of a "Monitoring Configuration/Procedure" template.

("On-Demand Server Health Check ") is defined as a customer initiated request to review the overall health of the server. This can and may include review of memory usage, processor usage, disk space, and general configuration of the server. Server Health Checks allow a seasoned engineer to review the overall health of the server and provides you with a professional evaluation and recommendations (if any) for improving your server’s health & efficiency.

("Advanced Support") is defined as advanced technical support for dedicated servers. This support can be used for any number of support services and includes server troubleshooting, software configuration, OS configuration, OS reinstalls, and any task that does not fall under the "free support" provided with the server. For various levels of ServerS a particular amount of time is provided.
(Five Hours Per Month)

("Server Anti-Virus Protection") is defined as file based anti-virus software that will be installed on the server to protect your server from malicious viruses. Virus definitions will be updated on a regular basis as well as a full scan of the server in question. Customer will be provided alerts to any viruses that are found and quarantined/eradicated, if requested.

("Hardware Based Firewall Protection") is defined as the inclusion of a hardware based firewall for protecting your server. Firewalls increase security and, when properly configured, will prevent certain disasters from occurring. With this service our administrators will configure and maintain a firewalled routing perimeter for the server in question. This service is per request at additional pricing.

1.2. DEVONHOSTING Network is defined as the equipment, software, and facilities within the DEVONHOSTING critical network segments, including DEVONHOSTING contracted connectivity services to which the DEVONHOSTING hosting environments are connected and are collectively utilised by DEVONHOSTING to provide dedicated and co-location services. In total we have 20,000mbits of network connectivity for our Servers. We have 2 x 10 Gbps uplinks for our data center. Each Server in our data center is setup on 100 Mbps, fully-switched port on an edge switch. Each edge switch is then in turn plugged into two separate aggregation switches at 1gbit, with failover redundancy allowing either 1gbit link to fail.

1.3. Service Availability ("Service Availability") is the total time in a calendar month that the DEVONHOSTING critical network segments are available through the Internet, provided that Client has established connectivity. DEVONHOSTING takes responsibility for the Service Availability within its immediate routing perimeters, and cannot be held liable for problems directly related to an upstream bandwidth provider. The DEVONHOSTING critical hosting environments will be available to clients free of complete (minor latency notwithstanding) environment-wide outages for 100% of the time in any given month.

1.4. Service Downtime ("Service Downtime") is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section 1.3, provided the interruption is determined to have been caused by a problem in the immediate DEVONHOSTING network segment as confirmed by DEVONHOSTING. Service Downtime is measured as the total length of time of the unplanned interruption (complete network outage) in Service Availability during a calendar month. DEVONHOSTING provides direct support and expertise in any software it directly provides, while any unplanned outages due to third-party software failure are the direct responsibility of the software publisher/third-party provider, not DEVONHOSTING

1.5. Scheduled Service Downtime ("Scheduled Service Downtime") is any DEVONHOSTING interruption of Services. Scheduled Service Downtime occurs during a DEVONHOSTING standard server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication. Said downtime is coordinated with the Client to the best of DEVONHOSTING abilities as to align the window of maintenance with the Client's explicit wishes.

A performance credit shall not be payable unless you request it within 40 days of the end of the calendar month in respect of which the Uptime Service Level was not met. The maximum Service Credit allowable in a given month is limited to the total monthly Fee payable for that month.

1.6 Monitoring Service ("Monitoring Service") is the service DEVONHOSTING provides in order to analyze availability of TCP/IP based services and applications through its internal monitoring system. To participate in this, DEVONHOSTING must have valid, administrative access to repair the server in the event of a service or operating system failure.

1.7 Billable System Administration (" Billable System Administration") is operation, configuration, performance tuning, security configurations, and any interaction with the operating system or software installed on the server in question that is not already provided within the Server Management plan of the server in question.

2. Service Exclusions.

2.0.1 This SLA does not cover Service Downtime caused by problems in the following:

  • Client's local area network.
  • Client-provided Internet connectivity or end-user software.
  • Entities inside Client's internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment.
  • Any predetermined Scheduled Service Downtime.
  • Any problems beyond the immediate DEVONHOSTING network segment.
  • Downtime or interruption to service as a result of a DoS or DDoS Attack, SYN, Port Flood, SQL Injection or similar.

Any interruptions, delays or failures caused by Client or Client's employees, agents, or subcontractors, such as, but not limited to, the following:

  • Inaccurate configuration.
  • Non-compliant use of any software installed on the server.
  • Client initiated server over-utilization.
  • Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits.
  • Problems associated with Operating System, Software, or Applications.

2.0.2  Billable System Administration which applies to any "advanced support" not covered under the given Server Management Services and defined in section 1.8 includes the following. Servers have an specified amount of "advanced hours" that are included.   In the event these are exceeded billable system administrations will apply, based on approval from client.
System Administration of the client's server.
Software installations performed by DEVONHOSTING
Virus and Security Scans of the server.
Configuration of the operating system, services provided on the server.
Security auditing and resource management & efficiency of the server.
Server Hardware for Dedicated Servers

4.01 Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.

4.0.2 Hardware Replacement Guarantees and service levels are defined as applying to servers less than 24 months in production and apply to only the Dell PowerEdge line of servers. Two Hour Hardware Replacement is only available to specific Dell Platforms at our Maidenhead Datacenter.

4.0.3 Hardware Replacement will occur within two hours of the reported problem, DEVONHOSTING will refund 5% of the monthly fee per additional one hours of down time (up to 100% of customer's monthly fee).

4.04 Restoration is defined as returning the server to its original configuration, as per the date the server first went live on the network. If hardware failure causes corrupted operating system, data files, or damaged service configurations, DEVONHOSTING will restore the system to its original state however possible.

4.0.5 Hardware Upgradation:- The cost of the hardware peripherals at the time of ordering the server & on subsequent upgrades would be different. A one time setup fee would be applicable in all cases.

4.06 DEVONHOSTING is not responsible for the restoration of data to server. If hardware failure is experienced and subsequent data loss occurs, client is ultimately responsible for data restoration. DEVONHOSTING shall not be liable for loss of data under any circumstances.

4.07 DEVONHOSTING does not take responsibility for the overall security of servers. If servers are compromised in any way, DEVONHOSTING reserves the right to immediately audit the server. Our medium to upper-tier dedicated service plans receive monthly security auditing, per request, as part of our overall Server managed services program but security is the responsibility of the client. DEVONHOSTING reserves the right to cancel service if servers are compromised via the implementation of weak password schemes, elderly backend application content and scripting, or via other blatant disregard to simple security measures. A fee of £30.00 per hour will be incurred in respect to any security related work performed due to any such server being compromised by negligence on the part of the server owner.

4.0.8 Server Migration:- If a customer wishes to migrate from one dedicated server to another dedicated server, they would have to go through the 30 (thirty) day notice period for the old server also. The old server would have to be cancelled & a new server order would have to be placed. Data migration would commence only after both the formalities have been completed. There would be no charges for migration of data when it has to be done from one server of DEVONHOSTING's network to another server within the same network. Customer charges are applicable for data to be moved into DEVONHOSTING's servers. Charges would be applicable on a per - case basis.

Terms of Service

Service Cancellation
Requests for cancellation must be submitted through our helpdesk at “Dedicated Server Support” section. A 30 (thirty day) notice has to be given if the client wishes to cancel their services. This notice has to be given from the registered email address for the hosting account in DevonHosting Upgradation records. If, in any case, the client does not give a 30 day notice, the next renewal will be charged to the customer's account. This is binding on all dedicated server contracts. The notice is excluding the day of termination. For instance if your renewal date is 7th December, then the cancellation notice has to be served on 7th November itself.

Payment:
Establishment of this service is dependant upon receipt by DEVONHOSTING of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup. The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover), PayPal, wire transfer & cheque. Customers are responsible for any additional transaction fees that coincide with any payment methods. Cheques, money orders, and wire transfers should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by DEVONHOSTING in a timely manner.

The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the customer’s services or their entire account with The Company.

Payment for services must be received by The Company prior to the end of the five day grace period allowed for services.

If a cheque is returned for any reason, the account will be assessed a £15 service charge. If payment for the returned cheque amount and service fee is not remitted in full by 12 P.M. GMT the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees.

Payments and Fees: Service will be interrupted on accounts that reach 10 days past due. If a cheque is returned for any reason, the account will be assessed a £15.00 service fee. If payment for the returned cheque amount and service fee is not remitted in full by 12 P.M. GMT the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees. Accounts that are not collectable by DEVONHOSTING will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than £25.00 nor more than £75.00. If you desire to cancel your account, please use http://www.devonhosting.co.uk/clients/clientarea.php.

Invoicing:
DEVONHOSTING does not utilise paper or hard-copy invoices. All invoices are sent via email. Clients that normally pay via cheque, or wire transfer will have their invoices emailed, by default, 10 days prior to the invoice due date. Client can request these invoices to be sent prior to 15 days, but no more than 30 days, from the invoice due date.

Refund and Disputes: All payments to DEVONHOSTING are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in DEVONHOSTING's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay DEVONHOSTING an "Administrative Fee" of not less than £25 and not more than £75. Subscription PayPal payments that are not cancelled at the time of your DEVONHOSTING cancellation will be refunded less any fees and the subscription payment will be cancelled by the Company.

Failure to Pay: The Company may deny service or terminate the Agreement upon the failure of the Client to pay charges when due. The Company provides the Client with a 10 day grace period for payment on most services. A service will be interrupted or deactivated on outstanding accounts that reach 10 days past the due date. The Company does reserve the right to deactivate or terminate a service prior to the end of the 10 day grace period.

If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid via cheque including eCheque have cleared.

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that The Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss, or injury.

Network

IP Address Ownership: If DEVONHOSTING assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to DEVONHOSTING, and Customer shall have no right to use that Internet Protocol address except as permitted by DEVONHOSTING in its sole discretion in connection with the Services, during the term of this Agreement. DEVONHOSTING shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by DEVONHOSTING, and DEVONHOSTING reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth Usage: Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an "overage" as detailed on the DEVONHOSTING website. DEVONHOSTING will monitor Customer's bandwidth via RTG. DEVONHOSTING shall have the right to take corrective action if Customer's bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in DEVONHOSTING's sole and absolute discretion. If DEVONHOSTING takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, DEVONHOSTING may, at its sole discretion, collect a deposit, in an amount determined by DEVONHOSTING, against customer's credit card on file with DEVONHOSTING.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the DEVONHOSTING Network. Violations of system or network security may result in civil or criminal liability. DEVONHOSTING will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

  • Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashingEvia known vulnerabilities or similar circumstances.
  • Forging any TCP/IP packet header in a network transmission or any part of the header information in any e-mail-based or newsgroup posting.
  • Taking any action in order to obtain services to which such User is not entitled.
  • Addition of IP addresses that have not been specifically assigned to the server.
  • Notification of Violation: DevonHosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

Notification of Violation: DEVONHOSTING is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which DEVONHOSTING determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at DEVONHOSTING's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations

Second Violation: Users that DEVONHOSTING determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop (blacklist/nullroute/unroute) the section of IP space involved in Spam/Virii/Illegal-Distributions or Denial-of-Service/Packetstorm complaints if it is clear that the offending activity is causing moderate to major harm to parties on the Internet. In particular, if open SMTP relays are on your network or a customer's network, or if denial-of-service attacks are originating from your network space. In certain, rare cases, we may have to take action before attempting to contact you. If we do this, we will contact you as soon as is feasible, once the situation is stabilized.

Suspension of Service or Cancellation: DEVONHOSTING reserves the right to suspend network access to any customer if in the judgment of the DEVONHOSTING network administrators the customer's server is the source or target of a violation of any of the other terms of the AUP or for any other reason that DEVONHOSTING deems necessary. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

DEVONHOSTING reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of DEVONHOSTING must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: DEVONHOSTING wishes to emphasize that in agreeing to the DEVONHOSTING Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies DEVONHOSTING for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to DEVONHOSTING or the bringing of any claim against DEVONHOSTING by any third-party. This means that if DEVONHOSTING is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against DEVONHOSTING, plus all costs and attorney's fees.

Miscellaneous Provisions: The Client must provide The Company with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference. A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Client. Company reserves right to cancel Clients rights under this contract at anytime without further obligation

DEVONHOSTING takes no responsibility for any material input by others and not posted to the DEVONHOSTING Network by DEVONHOSTING. DEVONHOSTING is not responsible for the content of any other websites linked to the DEVONHOSTING Network; links are provided as Internet navigation tools only. DEVONHOSTING disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
DEVONHOSTING is not responsible for any damages your business may suffer. DEVONHOSTING does not make implied or written warranties for any of our services. DEVONHOSTING denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by DEVONHOSTING.

Responsibility for Content: The Client as DEVONHOSTING's customer, are solely responsible for the content stored on and served by your DEVONHOSTING server.

Support Boundaries: DEVONHOSTING, provides 24/7 technical support to our Clients. \ We limit our technical support to our specific areas of expertise. The following are our guidelines when providing support: DEVONHOSTING provides support related to your server and the core, critical functions of the OS and basic critical tcp/ip services.

DEVONHOSTING does not offer tech support for application specific issues such as CGI programming, Cold Fusion, ASP, .NET , PHP, MySQL, Microsoft SQL or any other programming/database application. DEVONHOSTING does not provide technical support for YOUR End-User Clients.

DEVONHOSTING partners with a number of software companies and acts as the frontline of support for these products. DEVONHOSTING will provide best effort support for applications but does not warrant bug fixes or advanced problem resolution of these products. Escalation of such issues the companies that have programmed the software are subject to the standard £100.00 per hour rate which includes the total amount of time spent. Resolution of bugs and advanced support issues is dependant upon the developers of the software in question.

Any request of technical support warrants the possibility of being charged a system administration fee if the request related to Operating System functionality, software application functionality, or Control Panel functionality. If a staff member of DEVONHOSTING is required to login to your server for over 15 minutes and provide support, system administration fees can be applied to your account, depending on the Server profile in question.

SPAM and Unsolicited Commercial Email (UCE): DEVONHOSTING takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of DEVONHOSTING may not use or permit others to use our network to transact in UCE. Clients of DEVONHOSTING may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of DEVONHOSTING SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, DEVONHOSTING will initiate an immediate investigation (within 48 hours of notification). During the investigation, DEVONHOSTING may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, DEVONHOSTING may, at its sole discretion, restrict, suspend or terminate customer's account. Further, DEVONHOSTING reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. DEVONHOSTING will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of £250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of £500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed £100 per hour that DEVONHOSTING personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your DEVONHOSTING dedicated server environment.

As our Clients are ultimately responsible for the actions of their clients over the DEVONHOSTING network, it is advisable that Clients develop a similar, or stricter, policy for their End-Users as to avoid violation of our End-User Content Policy (EUCP).

WARRANTIES

DEVONHOSTING has the right to enter into this Agreement and to grant the rights granted in it.

DEVONHOSTING shall, in good faith, comply with the terms of this Agreement.
The goods and services provided by DEVONHOSTING are provided "AS IS", WITHOUT WARRANTY OF ANY KIND TO CLIENT OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4)QUALITY; 5) NON-INFRINGEMENT; 6) QUIET ENJOYMENT; AND 8) TITLE.

CLIENT AGREES THAT ANY EFFORTS BY DEVONHOSTING TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY DEVONHOSTING WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CLIENT FURTHER AGREES THAT DEVONHOSTING SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF DEVONHOSTING WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. MODIFICATIONS MADE TO CLIENT'S WEB SITE BY CLIENT OR ANY THIRD PARTY VOIDS ANY REMAINING EXPRESS OR IMPLIED WARRANTIES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, DEVONHOSTING liability is limited to the greatest extent permitted by law.

The parties expressly recognize that DEVONHOSTING does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with DEVONHOSTING. DEVONHOSTING does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through DEVONHOSTING AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. DEVONHOSTING shall not be liable to CLIENT OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties' information, products or services. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, DEVONHOSTING liability is limited to the greatest extent permitted by law.

The parties expressly recognize that DEVONHOSTING cannot and does not guarantee or warrant that files available for downloading through DEVONHOSTING will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client's particular requirements for accuracy of data input and output, and for maintaining a means external to DEVONHOSTING for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client's sole risk.

ENTIRE AGREEMENT

This Agreement and all attachments or Exhibits supersede any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing, and shall be effective only after affixation of both parties' signatures.

By signing this agreement you are activating your account on a Month-to-Month basis. Term Service Plan are available by contracts provided by sales@devonhosting.co.uk

Term Service Plan. You may be eligible for a fixed length Dedicated Server/Co-Location Service Plan ("Term Service Plan") or for a month-to-month Service Plan ("Non-Term Service Plan"). Except as permitted by the Agreement, you must maintain service with us on your Term Service Plan for the minimum term of 1 Year associated with that Term Service Plan. To execute this option please contact sales@devonhosting.co.uk

Your Service Plan sets out the charges for Services and is your Service Plan until that Service Plan is changed, you switch to a different Service Plan, or your Services terminate.

Termination. Termination Of Service Plan. EXCEPT AS PERMITTED BY THE AGREEMENT, IF YOU TERMINATE YOUR TERM SERVICE PLAN BEFORE THE END OF THE TERM, OR IF WE TERMINATE SERVICES FOR VIOLATIONS OF THIS CONTRACT BEFORE THE END OF THE TERM, YOU WILL BE REQUIRED TO PAY THE EARLY TERMINATION FEE of 50% of the remaining contract. After the expiration of the term, the Terms relating to Non-Term Service Plans apply.

Termination. Non-Term Service Plan. If you are on a Non-Term Service Plan, you may terminate Services at any time by giving us notice.

Final Information

EXHIBITS
Client agrees that the order placed online is accurate that all services requested from DEVONHOSTING are contained within this agreement. Included with this contract you should print off and sign the first invoice that was generated for you. This can be retrieved via http://www.devonhosting.co.uk/clients/clientarea.php.