Web hosting Terms and Conditions

Web hosting Terms and Conditions

Terms & Conditions - Web Hosting Service
Addmonte Ltd (Company Number: 08797217)

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting (the "Services" or "Service").

As used in this Agreement, "Addmonte Web Hosting", or "we" means Addmonte Ltd’s web hosting services; "Client", "you", or "your" means you; Naming Organisation means Domain Name Registrar companies.

By paying for the Service, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies.

Addmonte Web Hosting reserves the right to refuse service and/or access to its servers and/or services to anyone.

Definition of Web Hosting Service

Addmonte Web Hosting provides web hosting and email hosting services to clients in a shared hosting environment. Web hosting refers to the storage, maintenance, and accessibility of a client's website files and data on Addmonte Web Hosting's servers. Email hosting refers to the provision of email services, including the storage and management of email messages, for the client's domain. Clients can choose to avail of website hosting and email hosting separately or together, based on their requirements.

In a shared hosting environment, the client's website and email services are hosted on servers shared with other clients, which allows for cost-effective and efficient use of server resources. Addmonte Web Hosting takes all necessary precautions to ensure the security and reliability of its shared hosting services. However, clients should be aware that performance and resources may be affected by other clients sharing the same server.

The physical location of Addmonte Web Hosting servers is London, UK.

Appropriate Use of The Service

Addmonte Web Hosting provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

Client Content

The Client agrees that they will not distribute, electronically transmit or display any materials supplied by the Client - or through the Client by a third party - to any Addmonte Web Hosting server in connection with the Client’s use of the Services which:

  • infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Addmonte Web Hosting or any third party
  • are defamatory, slanderous or trade libelous, threatening or harassing content of any type
  • file sharing music, software, bit torrents, video or pictures that contain copyright
  • proxy server software (any type) used to hide a user’s IP or cache content
  • are discriminatory based on gender, race, age or promotes hate
  • contain any type of pornography or illegal drugs or substances
  • contain viruses or other computer programming defects which result in damage to Addmonte Web Hosting, it’s servers or any third party
  • Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.
  • Excessive download content or non-linked content.

Refusal of service based on content matching any of these criteria is entirely at the discretion of Addmonte Web Hosting.

Addmonte Web Hosting reserves the right to move your data to a different server with no prior notice.

Addmonte Web Hosting reserves the right to suspend or cancel a Client’s access to any or all services provided by Addmonte Web Hosting, where Addmonte Web Hosting decides that the account has been inappropriately used. Addmonte Web Hosting reserves the right to refuse service and/or access to its servers to anyone.

Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed.

Addmonte Web Hosting will disable any domain that fails to adhere to the following criteria as soon as we are made aware:

The primary purpose of any site must be to provide web-based content to viewers. Files on the site must be linked to the website.

The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed. All outgoing mail is monitored and filtered and must be sent to or from an Addmonte Web Hosting-hosted domain.

Sites must not contain Warez, copyright or other illegal material. The onus is on you the Client to prove that you own the rights to publish material, not for Addmonte Web Hosting to prove that you do not.

Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server.

Disk Space/Data Transfer

The Client may occupy only the amount of disk space on the Addmonte Web Hosting Server and utilize no more than the network data transfer that is allocated by Addmonte Web Hosting.

Back-Up Files and Processing

Addmonte Web Hosting takes all reasonable steps to safeguard the Addmonte Web Hosting Servers and the data contained there-in, however Addmonte Web Hosting will not be responsible for any loss of Client data or DNS records stored or intended to be stored on the Addmonte Web Hosting Servers and/or back-up devices. The Client will not be entitled to any form of compensation from Addmonte Web Hosting in the event of loss of data. You as the client are responsible for your own backups. Whilst Addmonte Web Hosting actively performs backups on a daily basis, there may be times when the backups fail or become unavailable. As such the final responsibility for all your data stored on Addmonte Web Hosting Servers is ultimately your own. By acknowledging your Agreement you free Addmonte Web Hosting from any legal action in the event of data loss and you agree that you will not be entitled to any form of compensation for said loss.

Spam Policy

The Client shall not use our Services for chain letters, junk mail, spamming, bulk mailing (more than 300 recipients/hour, 600 recipients total) advertising or any use of distribution or mailing lists. The Client also shall not engage in any unsolicited email practices using Services or other infrastructure.

Email

If Addmonte Web Hosting identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.

Common issues that cause problems are:

  • Where a mailbox receives large volumes of undeliverable email.
  • Where mailboxes have forwarders set to other mailboxes where mail cannot be delivered.
  • Where mailboxes have forwarders and/or auto-responders that generate circular mail loops.

You may not use Addmonte Web Hosting email services for any of the following:

  • To send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene.
  • To send messages causing annoyance, inconvenience or anxiety to another user of the Internet.
  • To send messages for the purpose of Fraud and /or with the intention of committing a criminal offence.

To prevent the sending of bulk unsolicited mail, SMTP traffic to and from a server will be blocked in the following scenarios:

  • Where we identify a server that has an open mail relay.
  • Where a significant volume of mail is sent from a domain in a defined timescale.
  • Where we have received significant volumes of complaints concerning unsolicited mail originating from an Addmonte Web Hosting hosted domain.

To prevent Addmonte Web Hosting’s IP Addresses being blocked by IP Address blocking, a domain held on Addmonte Web Hosting servers may be disabled, where we have received significant volumes of complaints concerning unsolicited mail originating from or unsolicited email being sent to promote sites.

It is the mailbox owner’s responsibility to keep his/her password confidential, and to change the password on a regular basis. Addmonte Web Hosting is not responsible for any data losses or security issues due to stolen passwords. Addmonte Web Hosting recommends that you use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.).

To guarantee optimal performance on the servers, it is necessary for Addmonte Web Hosting to perform routine maintenance. Such maintenance often requires taking Addmonte Web Hosting servers off-line, typically performed during off-peak hours. Addmonte Web Hosting will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible.

Addmonte Web Hosting makes every reasonable effort to ensure mailbox security at all times. We do this through a combination of various network security policies. We make every reasonable effort to ensure the integrity of data on our systems. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owner’s responsibility notify to us. We cannot guarantee to restore data and we accept no liability for the loss of any such data.

Mailbox disk space is the same as account disc space, unlimited means it will be equal to the account’s disc space.

Addmonte Web Hosting runs anti-SPAM software on its Mail server(s).

All data created or stored by you within Addmonte Web Hosting's applications and servers are your property. Addmonte Web Hosting shall allow access to such data by only authorised Addmonte Web Hosting personnel. Addmonte Web Hosting makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder’s server space or within applications on Addmonte Web Hosting servers.

Clients are responsible for backing up their email before upgrading or removing mailboxes.

If Addmonte Web Hosting identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.

It is the mailbox owner’s responsibility to ensure his/her received email is retrieved and saved locally where necessary to ensure that important correspondence is not lost.

Bulk email sending: requirements and limitations

In certain cases, when a client requires a system to send emails in bulk, whether for newsletters, customer notifications, or other purposes, it is important to note that while the system may support such functionality, the server’s default configuration does not allow for bulk email sending without the integration of a third-party service. This policy is designed to maintain the integrity and reputation of our servers, ensuring ethical and reliable email delivery for all users.

Clients with bulk email sending requirements acknowledge that the volume and frequency of emails may necessitate the use of a third-party email delivery service. Addmonte Web Hosting provides guidance on selecting and integrating suitable third-party solutions. Clients also accept that these services may involve additional costs, and the integration process itself may incur separate fees. These details will be outlined in a custom quote following a discussion of the client’s specific needs.

This approach is necessary because bulk email sending, regardless of its purpose, falls outside the scope of standard web hosting and email services. By opting to use such functionality, the client agrees to adhere to industry best practices and accepts any associated costs.

Server Loads

The Client agrees that any hosting account that uses excessive CPU or Memory resources (25% or more) for a sustained period of time (ten minutes or more) may be suspended at any time without notice. Addmonte Web Hosting reserves the right to terminate sites that are repeatedly using excessive resources at any time without prior notification.

Licensed Software Only

The Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.

Software Updates

The Client agrees that any scripts and/or applications installed (especially free source code-based web systems e.g. Wordpress, Joomla, Drupal, etc.) are the responsibility of the client and must be kept up-to-date. Addmonte Web Hosting will not be responsible for any loss of the Client data caused by a third party attack.

Suspension

If Addmonte Web Hosting suspends any type of account for non-payment, the Client shall be allowed to re-instate the Client’s use of the Services within five (5) business days of suspension upon approval from Addmonte Web Hosting and the receipt of full payment of balances due.

Service Level Agreement (SLA)

Uptime Guarantee

Addmonte Web Hosting is committed to providing reliable and high-quality web hosting services to its clients. To demonstrate this commitment, Addmonte Web Hosting guarantees 99.98% uptime on a yearly basis for its hosting services, subject to the exclusions and limitations stated in Sections 3.6, 3.7 and 3.8 of this Agreement.

The uptime guarantee applies to the availability of the client's website and email services, as hosted on Addmonte Web Hosting's shared hosting infrastructure.

Scope

The Service Level Agreement (SLA) provided by Addmonte Web Hosting applies to the overall hosting service and not to individual client accounts. It does not cover service interruptions caused by the client, such as exceeding quotas or inappropriate usage of the service. Additionally, the SLA does not cover interruptions or issues arising from website, web app, or other technical errors or mistakes made by the client that result in the website or web app becoming nonfunctional. There is a wide range of potential errors that can lead to such issues, which cannot be exhaustively listed, and clients are responsible for addressing and resolving these errors on their own.

Monitoring and Measurement

Addmonte Web Hosting continually monitors the performance and availability of its hosting infrastructure to ensure compliance with the uptime guarantee. Uptime is calculated as a percentage of the total possible yearly service time, excluding scheduled maintenance or any service interruptions resulting from force majeure events, as defined in Section 3.6, Section 3.7 and Section 3.8 of this Agreement.

Service Credits

In the event that Addmonte Web Hosting fails to meet the 99.98% uptime guarantee in any calendar year, the client may be eligible for a service credit as compensation. To claim a service credit, the client must submit a request in writing within thirty (30) days of the end of the year in which the uptime guarantee was not met.

The value of the service credit granted to the client will be calculated on a pro rata temporis basis, taking into account the actual duration of the service interruption relative to the total time the client has paid for the hosting service. The calculated credit will be applied to the client's account for future services and will not be issued as a cash refund.

Reporting Service Outages

Clients must report any service outage to Addmonte Web Hosting within 1 hour of experiencing the outage in order to be eligible for a service credit. Failure to report the outage within this timeframe may result in the denial of a service credit claim.

Limitations and Exclusions

The uptime guarantee and any associated service credits do not apply to:

  • Service interruptions resulting from the client's actions or omissions, including but not limited to the use of unsupported software, unauthorized access, or violation of the terms and conditions of this Agreement;
  • Service interruptions resulting from website, web app, or other technical errors or mistakes made by the Client;
  • Service interruptions resulting from force majeure events, as defined in Section 11. of this Agreement;
  • Scheduled maintenance or upgrades, for which Addmonte Web Hosting will provide advance notice to the client whenever possible.
Other Exclusions

The uptime guarantee does not apply to service interruptions caused by factors beyond Addmonte Web Hosting's reasonable control, including but not limited to force majeure events such as DDoS attacks, hacking attempts, natural disasters, or other external events that cannot be reasonably anticipated or mitigated.

Client-Caused Service Interruptions

Addmonte Web Hosting shall not be held responsible for service interruptions caused by the client, including but not limited to exceeding account quotas, engaging in inappropriate use of the hosting services, or failing to renew their domain names in a timely manner. Clients are responsible for ensuring their domain names are renewed promptly to avoid any service disruptions related to domain name expiration. Such interruptions are not covered by the uptime guarantee.

Shared hosting characteristics, limitations, and responsibilities

Addmonte Web Hosting service operates on a shared hosting model, where multiple customers utilise the same server and its resources, such as storage, bandwidth, and processing power. This cost-effective and practical solution is ideal for personal websites, small businesses, and non-critical projects. However, shared hosting also comes with inherent characteristics and limitations that customers should understand and acknowledge.

Resource sharing

In a shared hosting environment, server resources are allocated among multiple users. Advanced isolation technologies, such as CloudLinux, are employed to minimise the impact of one user’s activity on others. While these measures provide significant protection, the nature of shared hosting means that some residual risks cannot be entirely eliminated.

Performance variability

The shared use of server resources may lead to variability in performance, depending on the activities and demands placed on the server. Addmonte takes extensive steps to ensure stability and fairness for all users, but shared hosting inherently cannot provide the same level of consistency and resource guarantees as dedicated solutions.

Business-critical considerations

Shared hosting is best suited for general-purpose websites and applications. For business-critical or high-demand projects requiring guaranteed performance, resource isolation, or advanced customisation, we recommend a Virtual Private Server (VPS) or dedicated server. These solutions offer dedicated resources and enhanced control to meet the needs of more demanding use cases.

If you are unsure about the suitability of shared hosting for your specific needs, Addmonte Web Hosting will provide relevant information and guidance upon request. However, the decision—and thus the responsibility—ultimately remains with the customer.

By using Addmonte Web Hosting’s shared hosting services, you accept these characteristics and acknowledge that, while we implement robust safeguards, the nature of shared hosting may result in occasional limitations beyond our control.

If your requirements extend beyond the capabilities of shared hosting, our team is ready to assist you with transitioning to a VPS or dedicated server to ensure optimal performance and reliability tailored to your needs.

Client Data Security and Responsibility

Addmonte Web Hosting acknowledges that some clients may host web applications containing sensitive data on the hosting server. While Addmonte Web Hosting takes all reasonable precautions to maintain the security of its servers, clients should be aware that the secure storage of their data is not solely dependent on the hosting server's security measures.

The security of clients' data is also highly dependent on the technical solutions implemented within their web applications. As a hosting provider, Addmonte Web Hosting does not take any responsibility for data security issues or data leakage that may occur due to vulnerabilities or shortcomings in the client's web application.

It is the client's responsibility to ensure that their web application is developed and maintained with adequate security measures in place to protect their sensitive data. Clients are encouraged to consult with experienced web developers and security professionals to safeguard their web applications and data.

Termination of Services

Addmonte Web Hosting reserves the right to refuse service to anyone. Addmonte Web Hosting, in its sole discretion, may immediately terminate this Agreement if Client breaches in any of the ‘Appropriate Use of The Service’.

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a year-to-year basis unless otherwise specified by separate agreement. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received 10 days before the respective year’s end.

If a Client terminates their account, Addmonte Web Hosting will disable and remove the account(s) the day the client specifies the cancellation to take place and all archives of the clients website(s) and files will be removed. Should the client be in arrears for 30 days or more, the clients site(s) may be terminated without further notice and Addmonte Web Hosting will not maintain or provide an archival copy of the Clients Web site(s) or files of any type. It is the sole responsibility of the Client to backup and copy any data off the server prior to the date provided in their cancellation notice or termination date.

In certain cases, Addmonte Web Hosting might have a backup for a limited period after the hosting has been terminated. In that case, restoration of the terminated hosting is only possible if the client pays the previous debt and the restoration fee in advance, which is £250.

Addmonte Web Hosting reserves the right, in its sole discretion, to cease providing web hosting services to a client at any time. In the event that Addmonte Web Hosting decides to terminate services for a client, we will provide written notice via email, granting the client a 30-day period to find a new web hosting provider. If this termination occurs after the client has already started a new hosting period, Addmonte Web Hosting will refund the fees for the remaining portion of the hosting period on a pro-rata basis. Addmonte Web Hosting is not obliged to provide any reasons for the termination of services and any costs associated with finding and transitioning to a new web hosting provider will be the sole responsibility of the client.

Data Protection

Addmonte Web Hosting expressly points out to the Client that by entering into this Agreement the Client acknowledges and agrees that once the Client’s unencrypted data passes onto the Internet, it is not secure and is open to unscrupulous use. Addmonte Web Hosting cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Client and Addmonte Web Hosting recommends the use of encryption for transfer of sensitive data or information.

The Client accepts that the register of any Domain Name Registrars will include the Client’s name and address, administrative partner and technical partner and other details relating to them. This information (if it refers to individuals) is personal data for the purposes of the Data Protection Act 1984. The Client accepts that the Naming Organisation may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the domain name(s) or any other related purpose.

We will not provide any of your personal information to other companies or individuals without your permission.

Domain Names

Addmonte Ltd is not a domain registrar company, but it provides DNS services as part of its web hosting offerings. Clients can register domain names either independently or through Addmonte Web Hosting, which can register domain names on the clients' behalf.

If a client chooses to register a domain name(s) through Addmonte Web Hosting, they acknowledge and agree that they will pay the applicable registration fee(s) to register the domain name(s). Clients should note that Addmonte Web Hosting does not offer refunds for domain name registrations under any circumstances, including misspellings or other errors in the domain name.

Addmonte Web Hosting cannot be held responsible if a domain name is registered by another party before Addmonte Web Hosting has the opportunity to complete the registration process on behalf of the client, even if the client has already submitted their domain registration request.

Payment Obligations

Service Fees

Addmonte Web Hosting shall produce an invoice which will be delivered to the Client by email. On-going invoices will be issued eight (8) days prior to the due date. A reminder will be issued after the due date. The account will be automatically suspended ten (10) days after the due date, and a notice will be issued advising of the suspension. Addmonte Web Hosting shall be entitled to immediately terminate this Agreement thirty (30) days after non-payment or from failure to make timely payments.

If the Client provides notice to terminate the Service after it has been paid and the yearly service has begun, fees will not be refunded.

Late payments

Any payment not received within 10 days after due date may incur a ‘late payment fee’ of £10.

Taxes

The Client will pay and indemnify and hold Addmonte Web Hosting harmless from any and all taxes associated with or arising from the Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

Refunds

The Clients are not eligible for any refund except in the case of a poor quality web hosting service. Addmonte Web Hosting guarantees 99.9% uptime.

Note: This policy does not apply to domain names or SSL certificates.

Disclaimer of Warranty

Addmonte Web Hosting disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, Addmonte Web Hosting specifically disclaims any warranty that:

  • the services will be uninterrupted or error-free
  • defects will be corrected as soon as possible
  • there are no viruses or other harmful components
  • the security methods employed will be sufficient

Limitations of Liability

In no event shall Addmonte Web Hosting be liable for damages resulting from loss of data, profits, use of the Addmonte Web Hosting site or any Addmonte Web Hosting products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this Agreement or in connection with any products or services provided hereunder.

The parties agree that in no event shall Addmonte Web Hosting be liable to any third party for the Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. The Client agrees to defend, indemnify and hold harmless Addmonte Web Hosting from any and all expenses, losses, liabilities, damages or third party claims resulting from the Client’s breach or alleged breach of any the Client obligations set forth hereunder.

In no event shall Addmonte Web Hosting's total liability to the Client for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by the Client, if any, for the services during the twelve (12) months immediately preceding the event giving rise to the claim.

Force Majeure

Addmonte Web Hosting shall not be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including, but not limited to:

  • Acts of God, such as natural disasters, floods, earthquakes, or severe weather conditions;
  • Acts of war, terrorism, civil unrest, riots, or government-imposed restrictions;
  • Strikes, labor disputes, or work stoppages;
  • Infrastructure failures, including power outages, telecommunications failures, or internet service provider disruptions;
  • DDoS attacks, hacking attempts, or other malicious activities targeting the hosting infrastructure or services;
  • Hardware or software failures, data center issues, or other technical problems that are not attributable to the negligence or misconduct of Addmonte Web Hosting.

In the event of a force majeure, Addmonte Web Hosting will make reasonable efforts to mitigate the impact and restore the affected services as soon as possible. However, clients should be aware that the guaranteed uptime, as specified in the Service Level Agreement (SLA), does not apply to service interruptions or performance issues resulting from force majeure events. Addmonte Web Hosting will not be held responsible for any losses, damages, or inconveniences suffered by the client due to force majeure circumstances.

Insurance

The Client shall take out and maintain at its own cost insurance against all risks relating to any packages or services provided.

Assignment

Neither this Agreement or any rights or obligations hereunder may be assigned or transferred or sub-contracted by the Client in part or in whole to a third party, without the prior consent of Addmonte Web Hosting such consent not to be unreasonably withheld. Addmonte Web Hosting may on providing notice to the Client assign this Agreement in part or in whole to any third party.

Indemnification

The Client agrees to defend, indemnify, and hold harmless Addmonte Web Hosting, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, losses, liabilities, judgments, settlements, costs, or expenses, including reasonable attorneys' fees, arising out of or relating to: (a) the Client's use of the Services; (b) the Client's breach or violation of any term, condition, representation, or warranty set forth in this Agreement; (c) the Client's violation of any applicable laws, rules, or regulations; or (d) the Client's infringement or misappropriation of any intellectual property rights or other rights of any third party.

Addmonte Web Hosting shall promptly notify the Client of any such claim, and the Client shall assume control of the defense and settlement of any such claim, provided that Addmonte Web Hosting may, at its option and expense, participate in the defense of any such claim with counsel of its own choosing. The Client shall not settle any claim without the prior written consent of Addmonte Web Hosting, which consent shall not be unreasonably withheld or delayed, unless such settlement includes a full and unconditional release of Addmonte Web Hosting from all liability related to the claim.

Intellectual Property Rights

Respect for Intellectual Property Rights

The Client acknowledges and agrees that they shall not use the Services in any manner that infringes upon the intellectual property rights of any third party, including but not limited to copyrights, trademarks, trade secrets, patents, or any other proprietary rights. The Client represents and warrants that they have obtained all necessary rights, licenses, and permissions to use and publish any content, images, logos, or other materials on their website or any other materials associated with their use of the Services.

Notice and Takedown Procedure

In the event that Addmonte Web Hosting receives a complaint or notification of alleged intellectual property infringement by the Client, Addmonte Web Hosting reserves the right to remove or disable access to the allegedly infringing content, without prior notice to the Client, in accordance with applicable laws and regulations. Addmonte Web Hosting shall promptly notify the Client of any such action taken and provide the Client with an opportunity to respond and contest the alleged infringement.

Client's Liability

The Client agrees to defend, indemnify, and hold harmless Addmonte Web Hosting, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, losses, liabilities, judgments, settlements, costs, or expenses, including reasonable attorneys' fees, arising out of or relating to any actual or alleged infringement or misappropriation of any intellectual property rights or other rights of any third party resulting from the Client's use of the Services or any content, images, logos, or other materials published or displayed on their website or in connection with their use of the Services.

Acceptance of Clients

Addmonte Web Hosting reserves the right, in its sole discretion, to accept or decline any client for its web hosting services. Our web hosting services are tailored to the specific needs of our clients, and we may choose not to provide web hosting services for a client's website or web application if we determine that it is not suitable for our hosting environment or does not align with our business goals. Addmonte Web Hosting is under no obligation to provide any reasons for declining a client or their website or web application for our web hosting services.

Storage Space Usage Notifications

The client is responsible for managing their storage space usage within the limits of their allocated web hosting plan. Addmonte Web Hosting's system will automatically send warning notifications to the client via email with "Disk Usage Warning" text in their subject line, when their storage usage reaches 80%, 90%, and 98% of their allocated limit. The client is required to take appropriate action to reduce their storage usage or upgrade to a higher plan with more storage space, as necessary.

If the client's storage space usage exceeds the limit of their allocated plan, they may experience issues with receiving emails or uploading new content to their websites. Addmonte Web Hosting is not responsible for any problems or disruptions caused by the client's failure to manage their storage space usage or respond to the automated warning notifications.

To ensure proper receipt of storage usage notifications, the client is advised to regularly check their email, including their spam or junk folders, and whitelist emails from Addmonte Web Hosting. The client acknowledges that it is their responsibility to monitor their storage usage and take the necessary actions to avoid any disruptions to their services. Addmonte Web Hosting shall not be liable for any loss or damage resulting from the client's failure to respond to storage space usage warnings or to manage their storage space effectively.

Compliance with Laws

The Client agrees to comply with all applicable laws, regulations, and industry standards, both local and international, in connection with their use of the Services. The Client further agrees that they will not engage in any activities that may violate any such laws, regulations, or industry standards or that may otherwise expose Addmonte Web Hosting to legal liability.

Governing Law and Dispute Resolution

  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
  • Dispute Resolution: In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the parties are unable to resolve the dispute through negotiation, they agree to submit the dispute to mediation administered by a neutral mediator agreed upon by both parties. If mediation is unsuccessful, either party may initiate legal proceedings in a court of competent jurisdiction in England and Wales.

Updates to Terms and Conditions

Addmonte Web Hosting reserves the right to update, revise or modify its policies and these terms and conditions at any time and at its sole discretion. Any updates or modifications will be posted on Addmonte Web Hosting's website, and the Client's continued use of the Services following the posting of such updates or modifications constitutes their acceptance of and agreement to be bound by the updated terms and conditions. It is the Client's responsibility to periodically review the Terms and Conditions for any changes.

General

Each party shall treat as confidential all information received by it from the other party relating to the other party’s business, customers, strategies and plans, and such information may only be used for the purpose of this Agreement and may only be disclosed in strict confidence to its professional advisers or any person to whom disclosure is required by law, to its employees or subcontractors where reasonably necessary for the purposes envisaged by this Agreement, and where otherwise specifically permitted by this Agreement.

Reselling of services

All accounts are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner’s website. Exceptions to this include ad banners, classified ads, and personal ads.

Disclaimer

Addmonte Web Hosting will not be responsible for any damages your business may suffer. Addmonte Web Hosting makes no warranties of any kind, expressed or implied for services we provide. Addmonte Web Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Addmonte Web Hosting and its employees.

By signing up for any of our services you agree to be bound by all Addmonte Web Hosting terms and conditions.

Last updated: 17 November 2024