Hosting Terms & Conditions

Version 2.1 – last updated 26th September 2018

TERMS OF SERVICE AGREEMENT

These “Terms of Service” or “Agreement” govern your use of our website hosting services (the “Services”), provided to the Customer (the “Customer”, “you” or “your”). Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services, including without limitation any sub-users. Using the Services in any manner constitutes your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on http://www.brightsouth.co.uk (the “Company Website”) by us. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THE SERVICES AND MUST STOP USE OF THE SERVICES IMMEDIATELY.

We reserve the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, we will notify you by posting an announcement on the Company Website. Amendments and modifications shall take effect immediately when posted on the Company Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.

Our hosting service does not provide 24/7 support, we are only available office hours Monday to Friday 9:00am to 5:00pm, UK time, this excludes public holidays. If there is an issue with the server outside office hours which results in any website downtime we cannot guarantee that the issue will be fixed until we are available during our office hours. We are not liable or responsible for any loss of business during this time.

1. CONTENT

1.1 For purposes of this Agreement, the term “Content” includes, without limitation, information, data, text, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).

1.2 All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.

2. RULES OF CONDUCT

2.1 You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion, (ii) you know is false, misleading, untruthful or inaccurate, (iii) constitutes unauthorized or unsolicited advertising, (iv) impersonates any person or entity, including any of our employees or representatives, or (v) includes anyone’s identification documents or sensitive financial information. We may permit, in its sole discretion, adult websites that abide by state and federal law and regulation.

2.2 Injurious Code. Customers may not use the Services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to: (i) trojans, (ii) key loggers, (iii) viruses, (iv) malware, (v) botnets, (vi) denial of service attacks, (vii) flood or mail bombs, (viii) logic bombs, or (ix) other actions which we reserve the sole right to determine to be malicious in intent.

2.3 Email violations. In addition to being forbidden from performing any acts made illegal by the CAN-SPAM Act, Customers may not send bulk email utilizing their resources on the Services unless they maintain a double-authorized list of subscribed members including IP addresses and relevant contact information, along with following guidelines for including removal links with all sent emails according to the CAN-SPAM Act. Customers are forbidden from taking any action that would result in their IP addresses, or any IP address associated with us or other Customers, being placed on the Spamhaus.org blacklist. We reserve the sole and absolute right to determine whether an email violation has occurred.

2.4 Invasion of Privacy, Defamation, or Harassment. Customers may not use the Services in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory or libelous statements, or to harass or embarrass, which shall be determined in our sole and absolute discretion.

2.5 Violation of Copyright, Trademark, Patent or Trade Secret. Customers may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) (as required under 17 U.S.C. §512) will apply to issues presented by allegations of copyright violations by third parties.

2.6 Access Code Protection. Customers shall utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information.

3. THIRD PARTY SERVICES

3.1 The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

4. SUSPENSION FOR NON-PAYMENT

4.1 If a Customer is past due on their balance, we may send up to three (3) email notifications within a fifteen (15) day period before suspending the Customer’s Service. Servers will be temporarily powered off during the suspension period. We reserve the right to delete the Customer’s suspended machines after the final termination notice.

5. WARRANTY DISCLAIMER

5.1 You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

5.2 THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

6. LIMITATION OF LIABILITY

6.1 IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. CUSTOMER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST US ARISING OUT OF CUSTOMER’S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.

7. CONFIDENTIALITY

7.1 Customer shall keep confidential any confidential information to which it is given access and shall cooperate with our efforts to maintain the confidentiality thereof. Customer shall not publish to third parties or distribute information or documentation that we provide for purposes of operating and maintaining its systems, including material contained in estimates, invoices, work orders, or other such materials.

8. BACKUP

8.1 Customer is solely responsible for the preservation of Customer’s data which Customer saves onto their virtual server (the ‘Data’). Even if Customer has explicitly arranged for backup of their Data by us, we shall have no responsibility to preserve Data. We shall have no liability for any Data that may be lost, or unrecoverable, by reason of Customer’s failure to backup its Data.

9. SERVERPILOT 

9.1 ServerPilot is a cloud service for hosting WordPress on servers at DigitalOcean, this is used on the server your website will be hosted on. ServerPilot secures the server with an iptables firewall. ServerPilot keeps the server’s packages updated. ServerPilot’s provides everything you need for secure, reliable hosting on your server.

10. SERVER UPGRADES

10.1 We will monitor available upgrades for the server and will make these updates at our discretion to make sure the server continues using supported software/language versions only. Due to server upgrades it’s vital that your website software is kept updated otherwise you may find that website functionality is compromised.

11. WEBSITE SOFTWARE

11.1 Customer is solely responsible for keeping their website software up to date, unless the customer is on a maintenance and support package. Keeping website software updated will help keep your website secure and will allow your site to carry on running smoothly with the server, please refer to 10.1.

12. SERVER & WEBSITE SECURITY 

12.1 ServerPilot secures the server with an iptables firewall and strong encrypted passwords are always used. In the unlikely event of a server security breach we are not liable or can be held responsible for any malicious activities this may cause to any websites hosted on the server. In the event of a security breach we will contact any customers we believe to be affected.

12.2 Customer is solely responsible for keeping their website secure, we are not liable or responsible for your website in the event of a security breach.

13. TERMINATION AND ACCESS

13.1 We reserve the right, in our sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law, or if you misuse system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. We may provide prior notice of the intent to terminate Services to you if such notice will not, in our discretion, run counter to the intents and purposes of these Terms of Service. Any fees paid hereunder are non-refundable and any fees owed to us before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as our costs for collection (including attorneys’ fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Customer by this Agreement will immediately be terminated, and Customer shall promptly discontinue all use of the Services. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. MISCELLANEOUS PROVISIONS

14.1 Neither you nor us shall be liable for non-performance of the terms herein to the extent that either you or us are prevented from performing as a result of any act or event which occurs and is beyond your or our reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, or any unforeseen change in circumstances, or any other causes beyond either party’s reasonable control. The party experiencing the force majeure shall provide the other party with prompt written notice thereof and shall use reasonable efforts to remedy effects of such force majeure.

15. ULTIMATE SERVICE PROVIDER

15.1 We are acting as a hosting reseller and are bound to our ultimate service provider’s (DigitalOcean) Terms of Service Agreement (https://www.digitalocean.com/legal/terms/). DigtalOcean’s Terms of Service are also binding upon you.

16. CUSTOMER AGREEMENT

By using our hosting service, you agree to all the terms and conditions above. We reserve the right to update our terms and conditions at any time during your hosting period.

Call us today on 01202 611101 or email us at [email protected]

Please don't hesitate to contact us if you have any queries, we will be happy to help.