Terms of Service

OVERVIEW OF TERMS

Hexagon Webworks Ltd, trading as Electric Hosting, provide Internet web based services – web hosting, email services, domain name management, dedicated servers and additional internet services. Electric Hosting reserve the right to suspend or cancel a customer’s access to any or all services provided when an account has been inappropriately used.

We reserve the right to change our terms and conditions when necessary due to the continual evolving nature of our business. It is your responsibility to ensure that you are up to date with our terms and conditions.

By signing up for any service, you agree to be bound by all terms and conditions irrespective of the mode or manner of ordering employed by you when ordering the services.

This Agreement is made between Hexagon Webworks Ltd and you as defined below. The date of this Agreement is the date you first order our services.

All accounts are bound by these Terms of Service

1. Any set-up, domain names and SSL certificates fees are non-refundable.
2. All fees are due in advance of the services provided. Failure to pay in advance may result in termination or suspension of services without notice.
3. If you cancel your service no refund will be paid for any unused month. If you cancel your service, but fail to transfer your site(s) to another provider and continue to utilise our hosting network you will be billed until such time that you are no longer utilising our services. If you wish services to cease immediately, you must request that our services be discontinued immediately.
4. Money Back Guarantee – we offer a limited Money Back Guarantee to all new clients. If we have failed to provide 99.9% server and network availability during the first 60 days of a new account being online and the client requests a refund by e-mailing sales@electrichosting.net, we will refund the pro-rated difference of the client’s hosting fees for two months. Two months is defined as a 60 day period. For example if a customer cancels on the third day of service they would receive a 27 day pro-rated refund, or 90% of their payment. This refund will not include any set-up fees, domain registrations, SSL certificates, or other non refundable products, or hourly support fees paid to us. In all other circumstances monies paid to us are final and non-refundable.
5. The use of any data or material, which Customer receives from the service provided by Electric Hosting, is at Customer’s sole and absolute risk. Electric Hosting specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.
6. Electric Hosting will utilise its best efforts to maintain acceptable performance of services, but Electric Hosting makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Electric Hosting cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Electric Hosting will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Electric Hosting shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions.
7. Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable solicitor’s fees, (‘Liabilities’) against Electric Hosting, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Electric Hosting against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Electric Hosting server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on Electric Hosting’ Server. As a result of this, Customer agrees that Electric Hosting shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions unless caused by the negligence of Electric Hosting. Notwithstanding the above mentioned, Customer’s exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate amount which Customer paid during the term of this Agreement.
8. This section defines the network and host server Service Level Agreement (SLA). To Customers in good financial standing with Electric Hosting we guarantee that our network is available 99.9% and their host server is available 99.9% of the time in a given month, excluding scheduled maintenance. The network is defined as core network infrastructure excluding the hardware, services and software running on your server. The server is defined as the host hardware that houses the account. Downtime is measured from the moment the Customer notifies a Electric Hosting support representative of a failure to the time the Network or Server responds to an external “ping” request. Notification of network failure must occur at the time of the outage and not after the fact.
   If network downtime exceeds 0.01% in a given month, the Customer will be credited 10% of their monthly hosting fee and an additional 10% for each additional hour of downtime up to 100% of the Customer ‘s monthly hosting fee.If server downtime exceeds 0.1% in a given month, the Customer will be credited 10% of their monthly hosting fee and an additional 10% for each additional hour of downtime up to 100% of the Customer ‘s monthly hosting fee.Credits shall not be provided to the Customer if network or server downtime is the result of: a) scheduled maintenance b) circumstances beyond Electric Hosting’s reasonable control, including, but not limited to: DDoS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labour disturbance, acts of government, acts of god or c) breaking this Agreement or Electric Hosting’s Acceptable Use Policy.
9. The Customer may only use Electric Hosting’ services for lawful purposes. In the event that at any given time, Electric Hosting believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Electric Hosting has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:
   • Unauthorised distribution or copying copyrighted software, violation of UK export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities; Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.
   • Unsolicited advertising via email and/or ‘Spamming’ is a violation of this agreement. Such prohibited conduct subjects Customer to immediate termination of service as provided herein and the termination of this agreement without notice. Electric Hosting reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
   • Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mail-bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person’s permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorisation to enter into a secured computer system. Electric Hosting reserves the right to determine what is internet abuse.
   • Tortuous conduct such as posting of defamatory, libellous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights.
   • The Customer expressly understands and agrees that illegal Adult oriented Websites are expressly prohibited. Electric Hosting reserves the right to immediately terminate and remove any such unauthorised Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.
   • IRC is specifically prohibited.

Electric Hosting will not be responsible for any damages your business may suffer. Electric Hosting makes no warranties of any kind, expressed or implied for services we provide. Electric Hosting disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Electric Hosting and its employees. The services provided by Electric Hosting and our third party provider are provided AS-IS and without any warranty expressed or implied. Electric Hosting reserves the right to revise its policies at any time.

Domain Name Registration

Domain names may be subject to additional terms and conditions as laid down by the respective governing bodies; where possible relevant links have been provided below:

.uk – Nominet UK Terms & Conditions

• Registrant terms: www.nominet.uk/go/terms
• Domain dispute policy: https://www.nominet.uk/domain-support/uk-domain-disputes/
• Further information can be found at www.nominet.uk

.com, .net, .org – eNom Terms and Conditions

• Registrant terms: http://www.enom.com/terms/agreement.aspx
• Dispute policy: http://www.enom.com/terms/drp.asp

.eu – EurID

• Dispute resolution: http://www.eurid.eu/en/eu-domain-names/disputes
• Further information can be found at www.eurid.eu

Domain Name Renewal

When you domain is due for renewal, we will inform you 28 days, and again 14 days, before it expires, and again on the day it does expire. If your payment details are stored with us, we will attempt to charge you and automatically renew the domain name on your behalf. If you do not wish to keep your domain name, please cancel it before the due date as any charge for domain names is strictly non refundable.

Expired domain names

If your domain name has expired it can still be recovered in some cases. For .UK domains please see https://registrars.nominet.uk/gtlds/domain-lifecycle/. For any other domain please contact support. Any costs associated with recovering an expired domain is to be paid for in full by the owner of the domain.

Domain transfers

We will pass on any cost associated with domain transfers, both inbound and outbound, but do not add on any admin fees.

Acceptable Use Policy

Electric Hosting has formulated this Acceptable Use Policy in order to encourage the responsible use of Electric Hosting’ services by our customers and other users (‘Users’), and to enable us to provide our Users with secure, reliable and productive services.

General Conduct

The Electric Hosting and our providers network, including the websites hosted by Electric Hosting (collectively, the ‘Electric Hosting Network’), may be used only for lawful purposes. Users may not use the Electric Hosting Network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive or hateful, including the advocating of terrorism and/or the killing of any individual or group.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the Electric Hosting Network, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, ‘flooding’, ‘mail-bombing’ or ‘crashing’, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. Electric Hosting will investigate occurrences which may involve such violations and may involve, and cooperate with, appropriate authorities in prosecuting Users who are involved in such violations.

E-Mail

Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements (‘spam’) in a way that could be reasonably expected to adversely impact the Electric Hosting Network, including, without limitation, using an e-mail account on Electric Hosting’ network to send spam or bulk e-mail, or using the service of another provider to send spam or to promote a site hosted on or connected to the Electric Hosting Network. In addition, Users may not use the Electric Hosting Network in order to (a) send e-mail messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, ‘mail-bombing’, (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data (g) Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.

Usenet

Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Users may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as ‘Usenet spam’), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.

Suspension / Termination

Any User which Electric Hosting determines to have violated any element of this Acceptable Use Policy shall receive a written warning, and may be subject at Electric Hosting’ discretion to a temporary suspension of service pending such User’s agreement in writing to refrain from any further violations; provided, however, that if Electric Hosting deems it necessary, it may immediately suspend or terminate such User’s service without issuing such a warning. Users which Electric Hosting 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.

Responsibility

Electric Hosting takes no responsibility for any material input by others and not posted to the Electric Hosting Network by Electric Hosting is not responsible for the content of any other websites linked to the Electric Hosting Network; links are provided as Internet navigation tools only.

Complaints Procedure

We are committed to ensuring our customers receive a high standard of service. We also appreciate that, with a large customer base, sometimes issues arise that need to be addressed. Your comments are important to us. We rely on feedback from our customers to identify the root causes of complaints. This allows us to put things right for you and ensure improvements are made. We aim to do this quickly and efficiently.

Stage 1: Contacting us

If you have a complaint about any aspect of our service, then we would like to hear from you. Many outstanding issues can be resolved informally by discussing the issue with a member of staff. The support agent who deals with your query will aim to resolve any outstanding issues and reach an amicable resolution.

Stage 2: Escalating your issue

If the agent helping you is not able to assist please ask to speak to a manager. If a manager is available they will be happy to talk to you to discuss your case. Managers are available on main working days during business core hours. Managers do however attend meetings and may not be available at that time. If a manager is not available, please provide your contact details to a member of staff and our management team will be in touch. Our aim is to respond to all escalated complaints within 1 hour.

Raising an Appeal

If after discussing any concerns you are dissatisfied with the response provided, or the way your issue has been dealt with, you can lodge an appeal by writing to the below address, detailing your account details and the outstanding complaint.

Customer Solutions Department
Hexagon Webworks Ltd
140 Eastern Avenue
Milton Park
OX14 4SB

Your complaint will be acknowledged in writing or via telephone within three working days of receiving the complaint. An investigation will be carried out into the issues raised and a full response will be provided within ten working days.

Where the issue is particularly complex it may take longer to respond. If this is likely, we will provide information on the action which will be taken and advise when you can expect a full response.

Privacy

Any User interacting with our site and providing Electric Hosting with name, address, telephone number, e-mail address, domain name or URL or any other personally identifiable information permits Electric Hosting to use such information for commercial purposes of its own, including contacting Users about products and services which may be of interest. For each visitor to our Web Site, our Web server recognises only the visitor’s domain name, not the e-mail address. We collect information volunteered by the visitor, such as form submittal and/or site registrations. This information is used to improve the content of our Web site, it is not shared with other organisations for commercial purposes.

Where any services provided by Us include Hosting Services and/or any services which involve the submission, collection and/or use of personally identifying or identifiable information about You, or Your customers, You accept that You are acting as the data controller and We are the data processor. In such circumstances, You confirm that You will accepts our GDPR Addendum which governs the transfer of personal data both within and outside of the EEA. You further accept that Your failure to execute the DPA shall not prevent the terms of the DPA applying and that the DPA is incorporated by reference in the Contract, where applicable.

Any User who does not wish to receive further contacts from Electric Hosting should email support@electrichosting.net.

Copyright Policy

Electric Hosting does not, and cannot, control what content is available to you using the Electric Hosting Network. Electric Hosting users decide what content to make available to others using the Electric Hosting network and what content to download. Users are responsible for complying with all applicable laws applicable to such content, including copyright laws.

Electric Hosting respects copyright law and expects our users to do the same. Unauthorised copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. As a condition to your account with Electric Hosting, you agree that you will not use the Electric Hosting service to infringe the intellectual property rights of others in any way. Electric Hosting will terminate the accounts of users who are repeat infringer’s of the copyrights, or other intellectual property rights, of others. In addition, Electric Hosting reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the Electric Hosting service, or if Electric Hosting believes that user conduct is harmful to the interests of Electric Hosting, its affiliates, or other users, or for any other reason in Electric Hosting’ sole discretion, with or without cause.

Electric Hosting does not sell, rent or otherwise disclose its mailing lists to third parties.

All IP assignments are subject to RIPE justification.