ControlX - Managed Hosting

HOSTING TERMS & CONDITIONS

Our aim is to provide high quality service to our customers, to help us achieve this we have the following terms and conditions.

TERMS OF SERVICE

It is your responsibility to ensure that you are up to date with all of our terms and conditions. We will however, notify you of any prominent changes to our terms that we feel you need to be made aware of.

SUPPORT

For help regarding your web hosting account please use the cPanel users manual. This document provides step-by-step guides to all control panel functions.

If you are still unable to resolve your query you can email us via our support page.

We aim to resolve most support issues within 48 hours.

Please note: We offer support by email only so that support requests may be properly logged and managed. We do not offer telephone support. If we have provided support where the problem is found to be out-with the services we provide (for example with an external service provider, the clients’ computer hardware, software or own server), support services will be charged at our hourly rate.

CONTENT

All services provided by Ctrl-X Digital may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Ctrl-X Digital from any claims resulting from the use of the service which damages the subscriber or any other party.

ADULT MATERIAL

Pornography is prohibited on our web servers. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Ctrl-X Digital will be the sole arbiter as to what constitutes a violation of this policy.

BACKGROUND-RUNNING PROGRAMS

We do not allow the use of background-running programs and any other program that interferes with normal server operation. Ctrl-X Digital will be the sole arbiter of what constitutes a violation of this policy.

SCRIPTS

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below.

Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, banner exchanges and chat rooms. In the event a script affecting server performance we reserve the right to disable the effecting script/account prior to notifying the customer.

SYSTEM RESOURCES

If a website is found to be using excessive system resources resulting in degrading the service of other users, we reserve the right to disable the offending script or disable the account if required.

INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through Ctrl-X Digital may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Ctrl-X Digital Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through Ctrl-X Digital. If you use a domain name in connection with our service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

DEFAMATION

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

REFUSAL OF SERVICE

Ctrl-X Digital reserves the right at its sole discretion to refuse or cancel service. Violation of any of Ctrl-X Digital’s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

SPAM OR UNSOLICITED EMAIL

You must not use Ctrl-X Digital Services for the sending of spam, flames, mail bombs, or unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates web sites hosted by Ctrl-X Digital.

A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed we reserve the right to disable your account without warning. Ctrl-X Digital reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund

ABUSE

Any attempts to undermine, slander, libel, threaten, or cause harm to a Ctrl-X Digital server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

INDEMNITY

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services and the server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this agreement.

BILLING

You will be billed monthly for hosting, email, SSLs and managed updates via Direct Debit while other work will be invoiced. Invoices are to be paid within 14 days of issue, otherwise service may be terminated.

SERVICE RENEWAL

All services will automatically renew using your chosen payment method on the due date unless a prior cancellation request has been submitted to our support email address. If a service has been renewed and no cancellation has been received no refund is due for any services paid.

CANCELLING YOUR ACCOUNT

If you wish to cancel your account, we require 30 (thirty) days notice. We will confirm your cancellation and any future billing will cease. We do not issue refunds for any unused time on your service should you choose to cancel your service before your billing date.

Changing a domain names DNS to another provider or transferring a domain away from Ctrl-X Digital does not constitute a cancellation request. A cancellation request must be submitted in writing to our support email address and we will then confirm the cancellation date back to you.

REFUNDS POLICY

You have the right to cancel your account within seven days to receive a full refund, your seven days commences from the first invoice date. To cancel under this policy you need to email our support email address quoting your account username. There are exceptions to this policy which are domain name registration, SSL certificates and setup fees where applicable, these are non-refundable.

DOMAIN EXPIRY AND REDEMPTION FEE’S

Before a domain expires you will be reminded to renew your domain by email to the address within your billing account.

After 30 days have passed from the expiry date, the domain will enter what is called a “redemption period” and will occur additional charges. This is a cost charged by the registry and passed on to you by us. After another 30 to 90 days from expiry have passed, the domain is released to the public so anyone can re-register your domain and you will lose it.

LATE PAYMENT

All invoices must be paid on or before its assigned due date. Ctrl-X Digital will attempt to automatically re-bill your chosen payment method when your invoice becomes due.

If your account becomes overdue or your chosen payment method is declined, your account(s) may be suspended or terminated at the sole discretion of Ctrl-X Digital. Ctrl-X Digital may, at its sole discretion, charge a fee to reinstate a suspended/terminated account.

In the event of a cheque payment being returned to Ctrl-X Digital for insufficient funds a service charge will be charged to your account.

DISCLAIMER

Ctrl-X Digital will not be responsible for any damages your business may suffer. Ctrl-X Digital Ltd makes no warranties of any kind, expressed or implied for services we provide.Ctrl-X Digital Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Ctrl-X Digital and its employees. Ctrl-X Digital makes no “uptime” guarantees.

Ctrl-X Digital perform backups of hosting accounts on a regular basis however they come with no guarantee.Ctrl-X Digital can accept no responsibility for any loss of data or consequences arising from this.Ctrl-X Digital always advises clients to back up their site data regularly and ensure that any website applications (including but not exclusively online shops, payment systems, forums, blogs and content management systems) are running the latest versions for their own protection.

All communications (emails, verbal or written) are between Ctrl-X Digital and the client. These communications are private and are therefore not to be shared with any other parties.

This agreement is made between the customer and Ctrl-X Digital. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details to us. Ctrl-X Digital will only be able to communicate with regards to the account with the registered customer and not a third-party.

Ctrl-X Digital wishes to emphasise that in accepting services, customers indemnify Ctrl-X Digital Ltd for the violation of any law or Ctrl-X Digital policy, that results in loss to Ctrl-X Digital Ltd or the bringing of any claim against Ctrl-X Digital. This means that if Ctrl-X Digital is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Ctrl-X Digital, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account termination. Ctrl-X Digital reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.

Last updated: October 2018