By using Evohosting Ltd, you agree to all of the terms of services listed below.
Last updated 21/03/2012
Due to the changing nature of our business and the web hosting industry these terms of service may change or be completely rewritten from time to time. We will post the changes to http://www.evohosting.co.uk/terms-conditions. Your continued use of the services we provide mean you accept the changes we have made.
We will host your website on one or more servers in exchange for the amount you pay us, in advance, as long as you abide by the terms and conditions set out on this page and any other terms or agreements that relate to the services that we may provide to you. We will provide the services according to the specifications list for the web hosting package you select during the sign up process. To clarify, when we use the term "service" or "services", or "hosting plan", or "hosting package" this refers to the web hosting services that we will provide you. The term "Evohosting", "Evo", "us", "we" refers to Evohosting Ltd.
When we host your website, it is required for you to send (upload) your files, databases and other content to our servers. When you upload this content you must be aware that you're creating a copy of your content on our servers. When you purchase a hosting package from us you agree that these copies are being made, and give us permission to make these copies available to other users on the internet. It is your responsibility to provide all the content and other relevant data to make your website.
When you order a hosting package, you give us your personal information - such as your name, address, phone number. This is transmitted across the Internet to our server via a secure connection which is used to encrypt sensitive data.
Except for the cases below We will not sell, lend, or make available your personal information to any third party in any way unless given a court order to do so.
Please be aware that when you register a domain name your personal details may be visible when a user of the internet performs a 'WHOIS'. You can hide this data by signing up for 'Domain Privacy' during the sign up process.
Please be aware that when you register a .UK domain, Nominet will be given your name, address and phone number. This is in line with their Terms and Conditions for domain registration - these Terms & Conditions can be read here: http://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/
When you sign up, you give us consent to be phoned or emailed by a representative of Evohosting Ltd at the telephone number you provide us or be emailed our newsletter.
When taking advantage of a 'free domain' with every hosting plan, you acknowledge that the domain will remain the property of Evohosting Ltd for a period of 90 calendar days after the the domain has been registered. If the associated hosting account is canceled, terminated, suspended or renamed to another domain and you wish to keep/use this domain by either changing the name servers, pointing the domain to another hosting provider, transferring the domain to another hosting provider then a release fee of £9.79 will be charged. You agree that the domain included with your hosting is built into the price of your hosting account and the price of that needs to be recouped when possible.
Evohosting does all it can to ensure domains are renewed in a timely manner, particularly free domains supplied with hosting accounts. However it is the customer's responsibility to make sure that their domain is renewed on time, even if it is a free domain supplied with a hosting account. When a domain goes out of registration for more than 30 days a redemption fee is put upon the domain by our registrar ENOM (not us). The redemption fee is $250 and must be paid if the domain is going to be renewed. The domain will already have been out of use for a 30 day period by the time this happens, if the domain stops working suddenly it is the customer's responsibility to contact us within 30 days of it stopping working, at which point we will renew it for free. For domains that are left past 30 days and have had the redemption fee added by our domain registrar, Evohosting unfortunately cannot be held responsible to pay the redemption fee, the customer must pay this if they want their domain renewed for a further year.
We will do our best to maintain nightly backups. These backups are overwritten at approximately 2am every night, as with any storage system, backups can fail. Thus you are encouraged to make your own regular backups.
Evohosting does everything possible to maintain a high level of service, many customers are highly dependent on our high standards. To maintain these standards we will not provide services and reserve the right to immediately suspend or terminate people who are using our services for:
All services provided by Evohosting may be used only for lawful purposes.
You agree to idemnify and hold harmless Evohosting Ltd from any claims resulting from the use of our services.
Use of our services to infringe copyright or trademark is not allowed. This includes but is not limited to the unauthorized copying or photographs, artwork, music, books, tv episodes, movies, cartoons, advertisements or any other copyrighted work. The offer of selling any counterfeit merchandise of a trademark holder will result in the immediate termination of your account without prior warning. If you believe that your copyright or trademark is being infringed upon, please email abuse [atsigngoeshere] evohosting.co.uk with as much information as possible
Below are some examples of unacceptable material that cannot be hosted on our shared servers, these include:
Spam scripts, mail bombers, irc servers, live chat scripts, chat rooms, brute force programs, ip scanners, hate sites, hacker focused sites, sites promoting illegal activities, muds, rpgs, lottery sites, banking programs, autosurf sites, forex or egold exchange, investment sites, commercial audio streaming (more than 1 stream), topsites, scoring or ban management scripts for game servers such as hlstats or other scripts which perform these sorts of functions, affiliate servers, banner-ad services, image/file serving services (similar to rapidshare, photobucket), filedump, mirrors, irc bots, proxy scripts, anonymizers, pirated software, website scraping tools, website data aggregation, shell scripts, ddos scripts.
Potential harm to minors is STRICTLY FORBIDDEN. This includes but is not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice and the customer's details will be provided to the police along with all logs, ip addresses and all data we have on the customer.
Offering video or audio streaming or downloads, mp3 files, games and shareware is not permitted.
Using a shared account as a backup or storage device is not permitted, with the exception of the use of one (1) cPanel backup of the same account.
Evohosting reserves the right to refuse service to anyone. Any material that, in our judgment, is illegal, threatening, obscene or violates our terms of service in any manner may be removed from our services (or suspended) with or without notice.
Failure to respond to an email or phone call from our abuse department within 24hrs may result in suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and have a response within 48hours.
In some cases Evohosting may have to suspend an account prior to contacting the customer, we can accept no responsibility for repercussions of this and will only do it if we deem it to be necessary.
If you're not sure about the acceptability of your site or service, please contact us at abuse [atsigngoeshere] evohosting.co.uk and we will assist you.
Evohosting servers and all related equipments are provided for only authorised customer usage. Evohosting systems are monitored for lawful purposes, including ensuring that use is authorised, for management of the systems, to protect against unauthorised access, maintain no terms and conditions are being broken, and to verify security procedures, survivability and operational security. Information is recorded, examined, copied and used by Evohosting staff to maintain a secure infrastructure. Use of Evohosting's services means you consent to us monitoring all systems for these purposes.
If we find sites owned by your user are in breach of our terms and conditions we will suspend the site in question and notify you immediately so you can terminate the account.
If we find two or more sites owned by your user are in breach of our terms and/or acting suspiciously we may need to suspend all the sites owned by your user, and your main account until the matter is resolved.
We will then monitor your activity for an amount of time, further infractions may result in immediate termination of your account and owned accounts.
Illegal violations of our terms of service will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that all scripts and programs installed within your account are secure and permissions of folders are set properly, regardless of whether you or someone else manually installed them manually or used an auto-installer such as Installatron.
When possible, set permissions on most folders to 644 or as restrictive possible. Customers are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as usernams, passwords. It is required that you use a secure password and not to repeat your passwords. If you use an insecure password or repeat your passwords we reserve the right to suspend the account until you agree to use more secure passwords and not to repeat them.
We may audit your site to prevent weak passwords from being used, this can be in a number of ways, including but not limited to brute force password checking.
We will notify you if we find your passwords to be insecure, in some cases we may even be forced to change them and notify you of your new passwords.
All files over 10MB (excluding your cPanel backup file) must be linked from your website within the same account and must also be publicly available through the domain name attached to your account. Larger files (over 10MB) shouldn't take up more than 40% of the data on your web hosting account.
We have absolutely zero tolerance to the sending of unsolicited email, bulk mail and spam. Purchased lists, safe lists, and double opt-in lists will be treated as spam. Any customer who sends out spam will have their account terminated with or without notice. Sites advertised via spam may not be hosted on our servers either. This includes but is not limited to spam send over email, instant messaging, irc, usenet or fax. No organisation listed with ROKSO may be hosted with us. Any account which results in our IP address(es) being black listed will be immediately suspended and/or terminated. We reserve the right to require changes, force changes, remove files or simply disable any website, or other component of the customer's hosting package that doesn't comply with our policies. We reserve the right to charge the account holder used to send any unsolicited email a fee of £250.00 per hour, plus £1.00 per spam email found in our mail queue or mail logs. The end cost is completely at the discretion of Evohosting Ltd.
Customers hosted as resellers or on shared hosting packages may not:
Our shared servers are suitable for most customers, there however comes a time for some websites then they are better suited for a semi-dedicated, VPS or dedicated plan which allows more CPU and Memory resources. We reserve the right, at our sole discretion, to discontinue service to any customer with a cPanel account that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your cPanel is found to be utilizing more than 10% of the CPU and memory of the server, we reserve the right to take your site offline without prior notice.
If this is needed you can either upgrade your hosting package or request a pro-rated refund of the amount you have paid in advance for the services minus cost of domain registration fees, even if your domain was free.
Due to the severity of this, and our ability to act fast to fix these issues to avoid server problems, we will do everything reasonably possible to provide you with a prior warning to taking your site offline, but we accept no obligation to do so
What is an Inode?
An Inode is a file, every file - a webpage, image, email on your account uses up 1 inode.
The use of more than 75,000 inodes on any shared account may potentially result in suspension. Accounts exceeding the 50,000 inode limit will be removed from our backup system to avoid overusage and prevent the backup from running into the following day.
Sites that don't exceed the limit by much may not be suspended, this is at our sole discretion.
This is a soft limit, thus a member of staff will periodically check your Inode usage and ask you to correct it if it is too high, our staff will usually give you 7 days to make the correction otherwise your hosting account may have to be suspended.
Sites that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be marked for review or suspension by a member of staff
Some users with excessive Inode usage will find that over time, tens of thousands of emails build up, eventually pushing you past our limit. This is due to the default mailbox not being disabled within your cPanel. To disable your default mailbox login to cPanel, click 'Mail', then 'Default Address', then 'Set Default Address'. Once in there type :fail: into the box so messages sent to your will fail. There are many other reasons too, a member of staff will be happy to assist you with reducing your inode usage if you contact us.
To protect our customers we enforce a soft limit of 500MB per MySQL database. A member of staff periodically checks the size of customer MySQL databases and emails them if the database goes over 500MB in size. The customer will then have to reduce the size of their database within 7 days or face potential suspension of their web hosting account.
Currently in most cases 500MB is easily enough for a database, and most databases over this size are mainly due to excessive logging by the PHP application the customer is using, in most cases these log tables can be purged with no ill-effect.
Forum owners however may find that the tables where their posts are stored may go over 500MB, in this case the only way to reduce the space used would be to remove posts from their forum.
We attempt to provide the service 24/7/365 as long as your payments are up-to-date. Sometimes, for a number of potential reasons, the service may be unavailable. You must acknowledge that due to the nature of web hosting technology and the Internet, occasional unavailability of the services cannot be avoided. Sometimes equipment malfunctions, at other times we undertake periodic maintenance procedures or repairs. Other times there are causes beyond our control such as power failures, failure of telecommunication links, hostile network attacks, network traffic and other occurrences. We cannot promise to provide you with an uninterrupted (100% uptime guaranteed) service.
We offer a 14 day money back guarantee on all shared hosting plans. If you cancel your account within 14 days of first ordering it we will provide you with a full refund for the remainder of your term excluding any setup fees that were charged when you signed up, and excluding a domain registration fee. (Even if you received your domain for free through one of our hosting plans).
The domain registration fee we incur on each domain name is £10.00+VAT. This means that all refunds are subject to a £10.00+VAT registration fee charge. However, this does mean that you own your domain name afterward.
The only way to cancel to claim your refund is by emailing billing [atsignhere] evohosting.co.uk
The following items are not refundable:
We reserve the right to cancel your account within 72 hours notice if an event should occur in which evidence exists that a customer was rude or vulgar in communications with our staff.
If more than 7 days pass from the date which an invoice for the services are due and we haven't received payment in full, we will suspend your account, which means your data files and website will become inaccessible.
We will not temporarily make your files accessible to you if your account is suspended and not up-to-date
If in the following 23 days you pay all the amounts due, bringing your account up-to-date, we will take your account out of suspension and make your data available within 15 minutes.
If 30 days pass from the invoice due date, Evohosting will terminate your account and delete all data you have uploaded to our servers. In other words, after 30 days of non-payment we'll delete your hosting account and you waive all rights to your data being retained.
We have a 99.5% Uptime Guarantee that covers every website hosted on our servers. We guarantee a customer's site will be available at least 99.5% of the time in any calendar month, or the customer is entitled to a credit towards their next month of web hosting service.
If your website is not available for at least 99.5% of the time in a calendar month, Evohosting will credit your hosting account according to the following chart:
To receive credit, the hosting account must still be active in our system during the month following the downtime. The maximum credit will not exceed the basic monthly service charge for the affected month.
In certain instances, circumstances beyond our control may result in unexpected downtime, such as data centre air conditioning and power failure, and upstream network failure; in the event of data centre air conditioning and power failure, and upstream network failure, our 99.5% Uptime Guarantee is not applicable. Our 99.5% Uptime Guarantee is not applicable in the event of scheduled downtime and maintenance.
Uptime Guarantee credit requests can be made by submitting a ticket.
If Evohosting is sued or threatened with a lawsuit from a third party because of something you do with the services we provide, or as an affiliate, you agree to pay all legal fees plus administration fees if Evohosting is found liable or pays to settle the dispute. Not only do you agree to reimburse us for what it costs to satisfy a judgment or settle a case, you also agree to pay Evohosting Ltd's attorney's fees and all other costs Evohosting Ltd incurs in defending itself. This is called indemnification.
EVOHOSTING LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVOHOSTING LTD. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. EVOHOSTING LTD. DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
IN NO EVENT SHALL EVOHOSTING LTD. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF EVOHOSTING LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using Evohosting Ltd, you agree to all of the terms of services listed above.