Note: This policy relates to our handling of your personal data. If you want to know more about hosting and data encryption and security, please take a look at our technology pages.
– Who we are
– Our website
– Our collection and use of your personal information
– Transfer of your information out of the EEA
– Cookies and similar technologies
– Your rights
– Keeping your personal information secure
– How to complain
– How to contact us
Who we are
This website is operated by Host2Go Limited a company registered in England. We provide cloud hosting for websites, domain names, and related services. We collect, use and are responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.
Our collection and use of your personal information
We collect personal information about you when you access our website, register with us, contact us, send us feedback, purchase products or services via our website, post material to our website and compete customer surveys via our website. We collect this personal information from you either directly, such as when you register with us, contact us or purchase products or services via our website or indirectly, such as your browsing activity while on our website (see ‘Cookies’ below).The personal information we collect about you depends on the particular activities carried out through our website. This information includes:
– your name, address and contact details;
– your payment details, in the form of gateway tokens. We do not store card numbers or bank details as part of our payment system;
– your location, IP address, browser information & referrer;
– details of any feedback you give us by phone, email, post or via social media
– information about the services we provide to you;
– your account details, such as username, login details, and usage statistics;
– your website information and domain information;
– any pre-sales, billing and support communications;
– information on where you found us;
– website login details.
We use this personal information to:
– create and manage your account with us;
– verify your identity;
– provide goods and services to you;
– customize our website and its content to your particular preferences;
– assist in transfers and migrations from other providers to us;
– notify you of any changes to our website or to our services that may affect you;
– provide and review customer support;
– co-operate with internet governance and regulatory authorities when required;
– improve our services;
– prevent fraud.
Our services are not available to those aged 17 or under. This website is not intended for use by children and we do not knowingly collect or use personal information relating to children.
Our legal basis for processing your personal information
When we use your personal information, we are required to have a legal basis for doing so. There are various different legal bases on which we may rely, depending on what personal information we process and why. The legal bases we may rely on include:
– consent: where you have given us clear consent for us to process your personal information for a specific purpose
– contract: where our use of your personal information is necessary for a contract we have with you, or because you have asked us to take specific steps before entering into a contract
– legal obligation: where our use of your personal information is necessary for us to comply with the law (not including contractual obligations)
– legitimate interests: where our use of your personal information is necessary for our legitimate interests or the legitimate interests of a third party (unless there is a good reason to protect your personal information which overrides our legitimate interests)
Further information—the personal information we collect, when and how we use it
For further details on when we collect personal information, what we collect as well as how we use it, please read the following sections:
When information is collected
– When you register with us, or when you update your profile details with us.
– When your browse our website or when you visit our website from a search engine, or paid advertisement
– When you place an order
– When registering or transferring a domain, or updating domain contact information
– When you create a support request via ticket, live chat or email
– When you request a migration from a legacy provider
What information we ask for
– Contact details: your name, company name, email address, phone number and address.
– Your referrer, browsing history, locations, search query.
– Your IP address and order details.
– Name and contact information
– We keep a log of all communication history, with timestamps and your location.
– Old host login credentials
How and why we use your information
We ask for this:
– to create and manage your account with us
– to communicate with you about your account
– We rely on consent and Legitimate Interest as the lawful basis for collecting and using your personal information. Our legitimate interests are the development and marketing of our products and services.
– We will keep this information until you request full deletion of your account. We are not able to provide our services if this information is not provided.
– We collect this information to deliver, improve and update the services that we provide. The data is used to improve and optimize the services; diagnose problems with and identify any security risks, errors or required improvements; detect and prevent fraud and abuse of our services and systems; collect aggregate statistics about the use of the services; understand and analyze your use of the services. We rely on Legitimate Interest for processing the personal data as it is necessary to maintain a high quality service for you and protect against fraud and misuse. We may share this information with fraud prevention agencies in order to review orders for security.
– We will keep this information until you request full deletion of your account.
– As an online company we are vulnerable to online fraud. We use this information in order to run your order data through various fraud checks which return a score. That score allows us to analyze your order and assess the likelihood of fraudulent activity. We rely on legitimate interests for processing this data to protect against fraudulent activity. We will keep this information until you request full deletion of your account.
– Domain registries require verified contact information to prove ownership of a domain name. This data is added to whois data. Whois privacy is provided at no extra charge where available. Whois data is provided to the domain registry. We rely on legitimate interests and pursuance of a contract to process this data. We will keep this information until you request full deletion of your account.
– We collect this data in order to:
– offer you high quality customer support and track trouble tickets;
– identify issues with the hosting platform;
– provide quality assurance on top of trouble tickets. We rely on legitimate interest in order to process this data. We will keep this information until you request full deletion of your account.
– We process this data in order to migrate data from your old provider to ourselves. We rely on pursuance of a contract in order to process this data. We will keep this information until our request full deletion of your account.
Who we share your personal information with
However, we may share your personal data with affiliated companies or with trusted third parties and service providers who we partner with in order to provide you with our services.
These services include:
– processing card payments;
– registering or transferring domain names;
– providing sales, customer service and technical support;
– providing additional tools and software at your request;
– conducting contests or surveys;
– performing analysis of our Services and customers demographics;
– communicating with you, such as by way of email or survey delivery;
– customer relationship management;
– providing website maintenance & fixing services at your request.
We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing or retaining your personal data for any purpose other than as they have been specifically contracted for (or without your consent).Some of those third party recipients may be based outside the European Economic Area — for
further information including on how we safeguard your personal data when this occurs, see ‘Transfer of your information out of the EEA’. We will share personal information with law enforcement or other authorities if required by applicable law.
We will not share your personal information with any other third party.
Transfer of your information out of the EEA
We may transfer your personal information to the following which are located outside the European Economic Area (EEA) as follows:
– The United States of America , in order to provide ICANN, Verisign and various other domain registries with your domain ownership information.
– Various global domain registries , who administer their own top level domains and require registrant data.
– Indonesia in order to provide customer support from one of our dedicated support teams in a non-European time zone.
Such countries do not have the same data protection laws as the United Kingdom and EEA. While the European Commission has not given a formal decision that such countries provide an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to appropriate and suitable relevant safeguards (as permitted under GDPRArticle 46) that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information.
We will not otherwise transfer your personal data outside of the EEA or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.
Cookies and other tracking technologies
We would like to send you information about our products and services and special offers, which may be of interest to you. Where we have your consent or it is in our legitimate interests to do so, we may do this by post, email, telephone, text message (SMS) or automated call.
We will only ask whether you would like us to send you marketing messages when you tick the relevant boxes when you register with us for the first time. If you have previously agreed to being contacted in this way, you can unsubscribe at any time by adjusting your settings in clients.host2goo.com. It may take up to 7 days for this to take place.
For more information on your rights in relation to marketing, see ‘Your rights’ below.
Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:
– fair processing of information and transparency over how we use your use personal information
– access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
– require us to correct any mistakes in your information which we hold
– require the erasure of personal information concerning you in certain situations
– receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
– object at any time to processing of personal information concerning you for direct marketing
– object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
– object in certain other situations to our continued processing of your personal information
– otherwise restrict our processing of your personal information in certain circumstances
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please:
– contact us at [email protected]
– let us have enough information to identify you eg your account number, user name, registration details
– let us have proof of your identity and address (a copy of your driving license or passport and a recent utility or credit card bill), and
– let us know the information to which your request relates.
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in unauthorized manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
How to complain
We hope that we can resolve any query or concern you raise about our use of your information. The General Data Protection Regulation also gives you the right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone:[0303 123 1113].
How to contact us
Please contact us at [email protected] if you have any questions about this privacy notice or the information we hold about you.
1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which Host2Go Limited (“Host2Go”) supply services to you. All terms are effective from the date of your electronic submission of order.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3. Amendment of Terms. Host2Go may at any time, at its sole and absolute discretion, change or modify this Agreement and any policies or agreements that are incorporated herein. We will notify you by email 30 days in advance of any changes to our services. Any changes or modifications will take immediate effect. Your continued use of the website or our services will constitute your acceptance of the amended Agreement. The obligation is upon you to ensure that the email you have provided to uses up to date. We accept no liability or responsibility for your failure to receive any email communications from us if such failure results from an inaccurate email address.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Host2Go Limited a company registered in UK.
2.2 How to contact us. You can contact us via mail [email protected] or by logging into your client area at https://clients.host2goo.com and raising a support ticket.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us at the time of placing your order. Please note we will never ask for your password. If you are unsure of the identity of a caller, please contact us directly using the telephone number displayed on our homepage. If there are wider service issues or scheduled maintenance we need to make you aware of, we may alternatively update our status page.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Placing an order on our website does not guarantee acceptance of your order. Our acceptance of your order will take place after your order is placed at the point you receive confirmation that your order has been fulfilled. At this point a contract will come into existence between you and us. Payment must be received before any services will be provided.
3.2 If we cannot accept or fulfill your order. If we are unable to accept or fulfill your order, we will inform you of this and refund any money paid you have paid to us. Examples of when we will not be able to fulfill your order include when your desired domain name is no longer available to register, where the registry has decided to charge a non-standard price or where the domain transfer you have requested can no longer be transferred.
3.3 Account Details. In order to access our services you will be asked to create an Account. You may be allocated a username and password when your order is placed. We reserve the right to change any username or password allocated to you. Any changes will be notified to you in writing. You warrant to Host2Go that all information submitted in order to set up and utilize your Account is true, accurate and complete. You are solely responsible for activities on your Account, whether authorized by you or not. You must keep your login details secure. You must notify us immediately of any unauthorized use of your account or security breach.
4.1 Domain Registration. We make no representations as to the availability of a particular domain name requested for registration by you (Domain). A Domain will always be registered in or transferred into your name, not Host2Go’s. You should manage your Domain’s WHOIS data through your Host2Go client area at clients.host2goo.com. It is your responsibility to ensure that all data inaccurate. Your Domain may be taken offline if you fail to keep your contact data up to date and it cannot be verified. To provide the best service we may from time to time change the registrar that a Domain is held with, at our discretion and without notice. Such a change does not impact your domain name usage.
4.2 For all applicable gTLDs you agree that we will act as a Designated Agent, in accordance with ICANN’s Transfer Policy, for you whenever a request is made to update the registrant contact details associated with a Domain. In that respect, you authorize us to approve a change of registrant of any change to the registrant’s details on behalf of you.
4.3 Checking the registration/renewal. Our service is limited to the forwarding of your order to the registry. It is your sole responsibility to ensure that the domain has been registered, renewed and/or transferred as appropriate. We accept no liability for any failure to register or transfer the Domain.
4.4 Third Party terms and conditions. Domain registration is subject to third party terms and conditions including those from the relevant registry for the Domain extension. By submitting your order to us you are confirming that you will at all times and in all respects comply with ICANN’s and any relevant registry’s terms and conditions for domain registration and use. You will indemnify us in respect of any failure by you to comply with the terms of this Agreement or any failure to comply with ICANN or the registry’s terms and conditions.
4.5 Domain Renewals. We will Endeavour to automatically renew a Domain on your behalf when it is due for renewal, save where you have given notice in accordance with clause 4.1 below or where you have set the Domain to either cancel or manual renewal in your control panel. We will not renew a Domain where no up to date payment method has been provided or where you fail to make payment as required.
4.6 Detail of renewal. Renewals will ordinarily be renewed for the same duration as the initial registration period, unless you instruct in writing of any required amendment or modify the renewal settings in your client area. The renewal will be charged at the prevailing rate at the time of renewal. We shall take payment for Domain renewals up to 7 days prior to the Domain renewal date in order to ensure that the Domain is renewed on time.
4.7 Domain Transfers and Ownership Terms. We shall determine the ownership of a registered Domain by reference to the details held on the Whois database. If the Whois database details are not determinative then we shall be entitled to request whatever supporting evidence we may require to ascertain ownership. It is your obligation to resolve any dispute over ownership with a third party. We are under no obligation to carry out a transfer request if we are not satisfied that the correct consents and permissions have been obtained.
4.8 Basis of Transfer. You are solely responsible for completing any steps required to transfer the domain, including but not limited to: changing the Nominet IPSTAG of the domain, unlocking the domain name, providing the Authorization code, and approving a transfer request. You must inform us if you wish to cancel a transfer and request a refund in accordance with our refund policy.
4.9 Transfer Restrictions. You acknowledge that one year may be added and charged to some domain extensions when transferred. Some domains have maximum registration periods and you acknowledge this may prevent a transfer if the renewal would push the registration over the registry term limit. We will not initiate transfer of a Domain until the order has been placed and fully paid.
4.10 Expired Domains. In the event that a domain name is not renewed by its expiry date it shall cease to operate and shall be deemed to be expired. A registered Domain shall expire if we are unable to take payment via the method provided, or where you have set the Domain to expire or fail to manually renew the Domain before the renewal date.
4.11 Following the expiry date a domain may enter a grace and/or redemption period. In this situation you acknowledge that we may at our discretion, within three calendar days after the date of expiration of a Domain renew the Domain; or, park the Domain on different name servers from those set by you.
Domains from registries which do not allow for a grace and/or redemption period may be unrecoverable by us following the expiry date, in which case our agreement will terminate immediately and without liability to us. Further, we are under no duty to attempt to recover such Domain.
4.12 Provided that the relevant registry for the Domain allows a grace period, you acknowledge that you have the length of their grace period (for example, 30 days) following the expiry of the Domain (‘the Grace Period’) to contact us to retrieve and renew the Domain provided that you pay for said renewal in full and in cleared funds. On receipt of the renewal fee by us within the Grace Period, you will retain ownership of the Domain and as soon as reasonably practicable we shall restore the Domain to your control panel.
4.13 You acknowledge that following the end of the Grace Period we may at our sole discretion carry out the following actions:
4.13.1 auction the Domain;
4.13.2 change the contact details; and/or
4.13.3 transfer the Domain.
4.14 If we do not receive the renewal fee within the Grace Period then our Agreement for that Domain will terminate immediately and without liability to us. Provided that the relevant registry of the Domain allows for a redemption period, if we receive a request from you to renew the Domain after the end of the Grace Period (‘the Redemption Period’), you agree to pay the applicable redemption fee(s) plus the renewal fee(s) for the Domain(s). You acknowledge and agree that we are not obliged to take any action to renew or recover a Domain in the Redemption Period and will only make such attempts once the you have paid both the redemption and renewal fees. We make no guarantee that attempted renewals will be successful.
5.1 Free Domain Offer. Some of our hosting packages include a free domain registration or transfer. This applies to a limited number of domain extensions and may vary from time to time. We may allow or disallow a free registration or transfer at our discretion. All other extensions are excluded from this offer and will incur additional costs. Any reduction in fees for customers who wish to order using a different extension must be agreed in advance by us. The registration period is one year. Future renewals of these domains will incur our regular renewal rate.
5.2 Purpose of Services.
Unless explicitly stated to the contrary our services are intended to be used forth purposes of hosting websites and email. Batch processing, video encoding/transcoding, webcrawling/spidering, archiving and online backup systems and any system for purposes other than hosting a website are not permitted on our shared or reseller hosting servers. You may only use such tools with our agreement in writing on a dedicated server. We reserve the right to take proactive action to maintain the stability of our systems for all clients.
5.3 Suitability of Hosting Environment.
Some packages feature an ‘unlimited’ service, meaning we do not actively limit your account on either disk space or bandwidth (or both). However, to ensure system stability, accounts are limited by resource usage to ensure no one client can affect the service of others on shared or reseller servers. On dedicated servers, your resources are defined by the package you purchase.
5.4 “Unlimited” Allowances. Any ‘unlimited’ allowances are subject to fair use and any customer using an amount of monthly bandwidth or disk space deemed excessive in comparison to the average usage by other customers on our platform may, at our discretion, be advised to improve website efficiency and/or configure a CDN, or upgrade to a bespoke solution and will be billed accordingly.
5.5 Service Needs. If we feel that the service selected or purchased by you does not meet your service needs we will inform you of this and advise you of the appropriate service for your needs. We are under no obligation to continue to provide hosting services that are inadequate or unsuitable for your needs. Refusal to cooperate with an account move request may result in account suspension and/or termination.
5.6 Migration Service. We offer a free migration service to help move your website from your previous provider to ourselves. This is a best-effort service. You acknowledge that you are the party most familiar with your website and we cannot know the intricacies of all the websites we host. We will take reasonable care to move your site files and data but it is your responsibility to give us suitable access to retrieve the data and to check that the site has been migrated successfully. We aim to migrate websites within 72 hours, though we do not guarantee any particular timeframe for the migration. In some cases we may be able to migrate emails, dns records and domain names also, but we do not warrant that we can move them successfully, or without interruption.
5.7 Changes to the hosting environment. We reserve the right to change the hosting environment your website runs in. These changes will be made on a “like for like” basis and will not affect your use of the hosting environment. The only circumstances where material changes will be made to your website hosting environment will be to provide you with an ‘upgrade’. You will be informed in writing of any changes that we make to the hosting environment. This may be:
5.7.1 to reflect changes in relevant laws and regulatory requirements; and
5.7.2 to implement minor technical adjustments and improvements, for example to address a security threat; and
5.7.3 to change between location and provider. We offer a choice of server locations and providers. It may be that your desired location is not available, or your existing location is changed or shutdown. We may at our discretion move to you an equivalent location or provider. (E.g. Microsoft Azure’s cape town data centre, to Microsoft Azure’s Johannesburg datacenter, or AWS Bahrain to Alibaba Bahrain).
5.8 Upstream Providers. You must agree to the terms of our upstream providers with emphasis on theirterms of export law (e.g. software used should be licensed in the US for Digital Ocean). We have attempted to incorporate all of their relevant terms into this agreement. See Appendix A.
5.9 CDN and Bandwidth Usage. In some locations where bandwidth prices are high due to relative lack of connectivity (e.g. the Middle East), or fluctuate, we may require you to use a CDN service we provide. A CDN service distributes worldwide traffic worldwide, rather than from your single server, thus speeding up page loads and reducing bandwidth from source. We will reasonably assist with the setup.
5.10 No Guarantee. We make no guarantee to defend your website from a denial of service attack unless that service has been specifically offered and agreed. If you think you may be a DDoS target you should purchase our DDoS Secure plans.
5.11 Service uptime. We endeavor to provide a 99.9% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance as far as possible in advance through our status page and, should the maintenance last for longer than 30 minutes, via e-mail. In the event of a problem with your server, we shall ensure that a qualified engineer will be dealing with the problem within 30 minutes of being notified. In the rare event that your problem cannot be resolved within 30 minutes you will be notified. When notifying you we will provide you with the details of the problem along with an estimation of when the issue will be resolved. Notification may be via one of your contact methods or via our public status page.
cPanel Managed plans: We take twice-daily backups of your websites and store them offsite, usually in the same geographic region (but not necessarily the same country) as your live server for the best performance. If you have data residency requirements please contact us to arrange a bespoke solution. We may exclude files we consider non-fundamental to the operation of your website, e.g. error logs, cpanel backups, cache files. Backups are a best effort service and we do not warrant that they are complete or regular. It is your responsibility to keep backups of your own website.
StackCP Managed plans: We create automatic backups of your websites daily. Stored outside of our core data-center to ensure availability during disasters. You can restore either your full site or choose to selectively restore files, database and more with a single click, from any point in time. Completely free of charge and included with each and every account
5.13 Disruption to Services. We are not responsible for disruption to the services outside our control. We endeavor to choose providers that offer an extremely high level of performance and uptime but if our supply of the services is disrupted by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the disruption. This may be via our status page. We will not be liable for disruption caused by the event. We will not be responsible for network or hardware issues upstream of us. E.g. if AWS have an issue we will not be responsible for their problems or include this within our 99.9% uptime calculation.
6 PROVIDING THE SERVICES
6.1 Service costs. The costs of the services will be as displayed to you on our website.
6.2 When we will provide the services. We will supply the services to you until the subscription expires or you end the contract as described in Clause 7 or we end the contract by written notice to you as described in Clause 9.
6.3 What will happen if you do not give required information to us. We will need certain information from you so that we can supply the services to you as stated in the sign up section for the services on our website. We may contact you to ask for further information or to check the information you have provided to us. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any delay in supplying the services or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.4 Reasons we may suspend or disable the supply of services to you. We may have to suspend the supply of a service to:
6.4.1 deal with technical problems or make minor technical changes;
6.4.2 update the product to reflect changes in relevant laws and regulatory requirements;
6.4.3 make changes to the product as requested by you or notified by us to you (see Clause 6);
6.4.4 when required by law;
6.4.5 where we believe that you are in breach of any material term of this Agreement;
6.4.6 to resolve any third-party claims or actions;
6.4.7 to avoid financial loss or legal liability.
6.5 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 24 hours in any 7 day period we will adjust the price so that you do not pay for products while they are suspended, save where the suspension is as a result of your breach of this Agreement or in accordance with clause 6.5 b (b) to (g) above. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 120 hours and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract save where the suspension is as a result of your breach of this Agreement.
6.6 We may also suspend supply of the service if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 10.6), we may suspend the supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments. Once payment has been made in accordance with these terms, we will use reasonable endeavors to ensure that the service is restored to you within 24 hours.
6.7 Service suspension. If your service has been suspended or goes overdue, we may no longer retain a copy of your data or website. Your website IP address may also change. This is due to the nature of us using global cloud providers: we will not be responsible for the cost of keeping your service running if you fail to pay your invoices.
7. YOUR OBLIGATIONS UNDER THE CONTRACT
7.1 You are responsible for the content on your Account. Customers are responsible for all scripts, data and other objects on their accounts. Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content below. We will, where necessary, fully cooperate with the authorities.
7.2 You must not use the service for transmission of illegal material. You agree to refrain from uploading to your hosting service, sending or receiving any materials which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force in England and Wales, in the server location where you have chosen to host your site, or in the jurisdiction of the network provider who provides the underlying network infrastructure (see Appendix A). It is the user’s sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities. In particular you:
7.2.1 must not gain or attempt to gain unauthorized access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act;
7.2.2 must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms);
7.2.3 must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as ‘spam’, ‘UBE’,’UCE’ );
7.2.4 are prohibited from running ‘port scanning’ or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission;
7.2.5 must take all reasonable steps to ensure that your password and login credentials remain confidential;
7.3 You agree to refrain from sending or receiving any material which may be in breach of copyright(including Intellectual Property Rights), confidence, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should take independent legal advice.
7.4 Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
7.5 Sites must not contain ‘hateful’ material or content which seeks to incite hate.
7.6 Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful or which is deemed to be distasteful at our sole discretion.
7.7 Sites must not contain ‘warez’, copyrighted music/videos or links to such content. It is your sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.
7.8 Sites must conform to recognized international copyright law.
7.9 Registration of domain names. You are responsible for ensuring that the registration of a domain name and the manner in which it is to be used, either directly or indirectly; will not infringe any third party rights, including third party intellectual property rights; is not being made in bad faith or could otherwise be considered to be an abusive registration under the dispute resolution procedures or policies of any relevant registry or of ICANN; and will at no time be used for an unlawful purpose whatsoever. You accept and consent to us making your registration details in relation to your Domain available to third parties including ICANN and the applicable registry for the Domain as applicable including to law enforcement and governmental bodies as required by law.
7.10 You agree that on transferring ownership of a registered Domain to another person or registering a Domain on behalf of another person (the “Transferee”) you will confirm and prove that the Transferee agrees in writing to be bound by the terms of this Agreement at our request.
7.11 We will not transfer ownership of a Domain until all Fees attributable to the services associated with the account, which are due have been paid by you to us.
7.12 In the event that we receive a complaint in regards to trademark / brand infringement, we have the right to place a Domain on hold. We shall take this action if in receipt of a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must be paid to us by you.
7.13 In the event of receiving documentation which matches the WHOIS details, we reserve the right to lock the domain and place a registrar hold on it. We shall not move the Domain from this status until we are satisfied that the dispute has been resolved between the parties concerned, with documentation provided to us proving the same.
7.14 We undertake to take any action required under the provisions of the Regulation of InvestigatoryPowers Act and will fully cooperate with the appropriate UK authorities
8. ACCEPTABLE EMAIL USAGE
8.1 We provide the ability to send e-mail using SMTP. This is designed for day-to-day communication needs. All outbound mail is scanned by a cloud-based spam filtering system.
8.2 We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behavior is unacceptable and may have their accounts suspended, terminated or blocked.
8.3 By purchasing the services you agree to the following:
8.3.1 not to send emails that might cause annoyance, inconvenience or anxiety to a recipient;
8.3.2 not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful;
8.3.3 to have a clear opt out policy in all newsletter communications;
8.3.4 not to use our mail services or network to send email to any user who does not wish to receive it;
8.3.5 not to use our mail services or network to send unsolicited email, in bulk (commonly known as ‘spam’) or individually;
8.3.6 not to use our mail services or network with intent to deprive others of service (‘mail bomb’);
8.3.7 not to use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender;
8.3.8 not to use any email address that you are not authorized to use;
8.3.9 to ensure that any email servers connected to our network and operated by you are not configured to allow ‘open relay’;
8.3.10 to take full responsibility for your own email reputation;
8.3.11 not to take any action that would put you or us in breach of obligations under the General Data Protection Regulations or Data Protection Act 2018.
9. ACCEPTABLE WEB USAGE
9.1 Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services and space on dedicated servers. We do not monitor content on any web space maintained by customers (whether shared served space or dedicated services). We bear no responsibility for the content of your website.
9.2 It is your sole responsibility to ensure that the content and materials on any website owned or operated by you contains material that you have created or have permission to use.
9.3 It is your sole responsibility to resolve any dispute involving Copyright or Intellectual Property Rights associated with your website or web service. You agree to indemnify Host2Go against all costs, including legal costs, of defending any claim against us from any third party regarding your use of copyright or intellectual property rights in relation to any claims made against you or us Worldwide.
9.4 You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation) in either the UK or any other jurisdiction in which your website or web service is operational. You should be aware that the internet is a global communications network and what may be legal in the UK may be illegal elsewhere and leave you liable to prosecution in another country.
9.5 Legal adult content as defined by UK law is allowed on our servers however you must inform us in advance of placing any order with us as we will host your site on a separate IP to prevent any SEO implications for other clients.
9.6 If you are not located in the UK and intend to upload adult content of any type onto your website or web service you must contact us prior to placing any order. We reserve the right to decline to offer our services at our absolute discretion.
9.7 We reserve the right to undertake investigation of content services if potential abuse is brought to our attention and to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination.
10. YOUR RIGHTS TO END THE CONTRACT
10.1 Ending your contract with us as a standard service user. You may terminate your contract with us by cancelling the service in advance of the renewal date (by 11.59pm GMT on the day before renewal is due) through the client area at https://clients.host2goo.com. You may also raise a support ticket with us up to 24 hours before renewal.
10.2 Ending your contract with us as a dedicated server user. As a dedicated server user you can terminate your with us by given notice of termination in writing at least 24 hours in advance of the next billing date.
10.3 Refunds of prepaid months. We offer a low cost service, with significant discounts available for prepayments. If you cancel before your service end date you will not be entitled to a refund of monies paid.
10.4 If the services you have paid for are faulty or misdescribed you may have a legal right to end the contract or to get the service re-performed or to get some or all of your money back. You must inform us in writing of the reasons why you say that the services are either faulty or misdescribed. We will respond to any complaint within 28 days of receipt and inform you whether a refund will be administered.
10.5 If you have just changed your mind about the product we will offer a “30 day no quibble money back guarantee”. You must notify us within 30 days of opening your Host2Go hosting account that you wish to cancel. You will then receive a full refund for the money paid to the date of termination, minus the domain registration fees and setup fee which are non-refundable. This guarantee does not apply to:
– Longer prepaid term than 30 days
– Domain registration, renewals or transfers
– VPS Servers (Managed and Unmanaged)
– Dedicated Servers
– Business Cloud Hosting Plans (Managed cPanel and StackCP)
– Reseller Hosting Plans
– DDoS Secure Hosting Plans
– Adult Hosting Plans
– Offshore DMCA Ignored Hosting
– The client used a promo code
– The client paid using BTC or other cryptocurrencies
– The client violating our Terms & Conditions
– The client uses malicious and phishing activities
– The client host protected copyright material
– The client uses free migration services
10.6 Inappropriate or illegal activity. If your account is found to contain illegal activity, illegal mp3 files, pirated software, hacker programs, warez programs, or any other illegal files, your account will be suspended immediately. Failure to remove the offending content will result in your account being terminated and no refunds will apply, including for the avoidance of doubt, the guarantee referred to in clause 9.5.
10.7 Processing of refunds. Any refund will be processed within 7 working days of receipt.
10.8 Exercising your right to change your mind (Consumer Contracts Regulations). For most products bought online if you are a Consumer within the meaning of those regulations you have a legal right to change your mind within 14 days and receive a refund. You do not have the right to change your mind in respect of digital products after you have started to download or stream these; services, once these have been completed, even if the cancellation period is still running; sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVECHANGED YOUR MIND)
11.1 Tell us you want to end the contract. To end the contract with us, please log in to clients.host2goo.com, view the product, and then raise a cancellation request. Please fill out the reason for the cancellation. If you qualify for a refund under the money back guarantee under Clause 10.5 above, please request this in the cancellation notes.
12. OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
12.1.1 you do not make any payment to us when it is due.
12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12.3 We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 30 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
13. PRICE AND PAYMENT
13.1 Where to find the price for the service. The price of the service will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct. Where VAT is applicable (based on your location and the services you order) it shall be detailed on the order steps. However please see Clause 10.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 Changes in the price. We reserve the right to alter the prices advertised on our website and fees at any time. We will provide written notice of any changes via email to the email address provided by you to us when registering your account. In most cases, changing the price on the website for new customers will not affect the price for existing customers. If your contract is for a fixed term, the price alteration will take effect at the end of the current term and at the time of renewal.
13.4 What happens if we got the price wrong? It is always possible that, despite our best efforts, you are provided with the incorrect price for our service. If the correct price is less than the stated amount will amend the price and refund any difference to you. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
13.5 When you must pay and how you must pay. We accept payment by most major credit and debit cards, direct debit, PayPal. When you must pay depends on what product you are buying. You warrant that you are lawfully authorized to make a payment using the payment card or facility used. In the event that you are not the named cardholder, you will indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.
14. If a chargeback is incorrectly made against your account, we reserve the right to suspend and/or terminate your account until reimbursed and a $70 administration fee will be charged.
14.1 Payment due at time of order. You agree to pay all amounts due for services at the time you order them. All amounts are non-refundable unless otherwise stated in clause 7 above
14.2 Invoices will be sent in advance of payment due. Invoices will be sent to the email address provided by you to us when registering your account. You can see your email history and view all invoices in clients.host2goo.com
14.3 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation
15.3 We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going offline or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers; loss of service or any costs incurred due to a configuration or service issue resulting from our provided services. All damages shall be limited to the immediate termination of service.
15.4 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.5 Limit of liability. Save where you are acting as a Consumer within the meaning of the Consumer Rights Act 2015 our aggregate liability shall be limited to the fees paid by you for the services in relation to which your claim arises during the 12 month period prior to the claim.
Under no circumstances shall Host2Go Ltd, its directors, employees or agents be held liable for any direct or indirect damages of any type and nature, including but not limited to damages for loss of profits or loss of revenue, cost savings, business, any loss of data or corruption of data, resulting from your use of our services or any failure, delays, malfunctions, suspension, network failure, server failure, software or hardware failure, or the negligence of Host2Go Ltd. The preceding limitations shall apply even if Host2Go Ltd was advised of the possibility of such damages and even if such damages were foreseeable. In no event shall Host2Go Ltd be liable to you with respect to this agreement or under any other agreement for an amount greater than the fees paid for our service(s) during the twelve (12) months period prior to the initial action giving rise to such liability. This is an aggregate limit. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. The above limitation will be limited to the extent permitted by law and your rights will not be affected.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
17. OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for any complete month of service not provided.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Transfer requests can be made via support ticket in clients.Host2Goo.com
17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Our affiliates are very important to Host2Go Ltd, Inc. We want to treat you with the fairness and respect you rightfully deserve. We simply request that you do the same for us. Our Terms and Conditions were written with you in mind and to protect Host2Go good name, so please bear with us during this legal formality.
Please ask us if you have any questions. We strongly believe in honest and straightforward communication. For fast answers to your questions please emails us at [email protected]
Host2Go Hosting Partner Marketing Team
AFFILIATES TERMS AND CONDITIONS
IMPORTANT- PLEASE READ CAREFULLY: THIS AFFILIATE TOS IS A LEGAL AGREEMENT BETWEEN YOU AND HOST2GO FOR PARTICIPATION IN THE HOST2GO AFFILIATE PROGRAM AS MANAGED BY HOST2GO’S INTERNAL PROGRAM (“AGREEMENT”). BY REGISTERING FOR AND PARTICIPATING IN OUR PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SIGNUP FOR OR PARTICIPATE IN THE PROGRAM. IF YOU ARE ALREADY AN HOST2GO AFFILIATE AND DO NOT AGREE TO THE ENTIRE AFFILIATE AGREEMENT, THEN IMMEDIATELY TERMINATE ALL USES OF HOST2GO AFFILIATE MATERIALS AND ANY AFFILIATE LINKS TO HOST2GO WEBSITE.
If you are accepted to participate in our affiliate program and your site is thereafter determined (at our sole discretion) to be unsuitable based on the criteria below, we reserve the right to terminate this Agreement:
* Promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
* Promotion of sexually explicit, pornographic or obscene content (whether in text or graphics);
* Promotion of illegal activities;
* Promotion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethnically or otherwise objectionable;
* Promotion of content related to liquor, tobacco, firearms, drugs, gambling, crime or death;
* Promotion of any unlawful behavior or conduct;
* Auto-traffic generators or traffic exchanges; and
* Any other material deemed inappropriate or offensive by HOST2GO.
Host2Go reserves the right to make changes to this Agreement at any time and solely at our discretion. Continued participation in our affiliate program constitutes your agreement to any and all changes made to this agreement.
* All new accounts are subject to a 45-day approval period.
* Each new sale must remain in good standing. Commissions will not be credited for sales that have been canceled, terminated, charged back, refunded, or have outstanding balances.
*All sales must originate from the affiliates unique tracking URL. The tracking URL we provide must not be altered. It is unique to each affiliate and any changes could result in inaccurate statistics generated and for commissions not to be credited for a sale. Please test your unique tracking URL each time you use it. Host2Go will not be responsible for, nor give credit for, sales that do not have your unique tracking URL attached to it.
* Affiliate generated sales that do not meet these requirements, will not be eligible for commission credit.
It is to our sole discretion as to whether or not an affiliate sale is legitimate or not. Host2Go Hosting reserves the right to deny commissions and/or performance tier increases for reasons including, but not limited to, poor quality affiliate traffic, conversions, low sale cost, high rate of cancellations and low renewals. We reserve the right to chargeback or deny commissions for faster or higher than normal cancellation rates. We also reserve the right to adjust commission rates below our base rate for performance reasons.
Commissions are paid when affiliates reach a $30 commission balance. Commission balances that have not yet reached $30 will carry over to the next month until the $30 minimum has been reached. Commissions are processed on the 20th of each month and paid via PayPal or Account credit. Payments will be made payable to the PayPal account you provided in your affiliate account. All funds are paid in U.S. dollars.
A corresponding W8 or W9 form most be on file with us before payment can be released. The form must be delivered by the 10th of the month to ensure payment on the 20th. We reserve the right to not accept a W8 or W9 form if we deem it to be incorrect or incomplete.
18.4. Affiliate Restrictions
The following restrictions apply to all affiliates. If at any time these restrictions are not adhered to, this Agreement will be terminated, you will be removed from the affiliate program and any unpaid commissions will be canceled and will not be paid. It is to our discretion whether these terms were violated.
* Affiliates may not use their affiliate link for self-referring accounts used for their own personal use.
* Cookie stuffing will not be tolerated and result in the termination of the affiliate account.
* Use of browser extensions as a way to set affiliate IDs or refer affiliate traffic to any Host2Go sites.
* Affiliates cannot use traffic exchanges or incentive offers.
* Affiliates cannot earn commissions on their own purchases.
* It is to our discretion whether to allow affiliates into the program based on the content of their website who have “HOST2GO” or any variation, misspelling or combination of words in the primary domain name of their site and/or social media websites where an Host2Go Hosting, Inc affiliate link resides.
* Affiliates may not format pages with affiliate links through to host2goo.com with iframes or any other disguising methods.
* Affiliates are prohibited in making a representation; either expressed or implied that visitors to your site are visiting the Host2Go site.
* Affiliates are prohibited in using spam or any other unsolicited mass email campaigns.
* Affiliates may not promote Host2Go via a browser add on or toolbar.
* Affiliate may not engage in a relationship with ISPs and/or mobile carriers resulting in the delivery or act of address bar keyword and URL trafficking.
* Affiliates are prohibited from promoting Host2Go on sites where the primary function or value of the site is to distribute coupon/promotional codes.
* Affiliates may not promote exclusive offers that are negotiated through non affiliate channels.
* Affiliates may not promote to audiences that, at our discretion, are using our service as a trial, get quick schemes, test or only for a short term (which can include, but not limited to a classroom settings or encouraging signups up merely to receive an incentive). Affiliates using these tactics will be removed from the program and forfeit commissions. On a best effort basis, affiliates should deliver long term customers.
* Affiliate networks of any kind are prohibited from signing up for an affiliate account without explicit written permission from the affiliate manager.
* Teachers who run a course or class of any kind are prohibited from taking part in the affiliate program as a means of referring students to Host2Go.
* Agencies (web design, web development or any other website service vendor) may sign up on behalf of your customer though you must use your client’s details during the checkout process and a payment method belonging to the customer (for example, the customer’s card). You may not signup on behalf of a customer under your agency’s client details nor pay for the invoice on your client’s behalf.
You may not use the keywords coupons, discounts or similar terms in your search engine optimization, the title of the page or meta title without advanced permission, even if you have a custom code you are promoting. Whether an affiliate is classified as a coupon affiliate is the sole discretion of Host2Go’s affiliate manager. Factors that could cause a site to be classified as a coupon site include coupon offerings especially from many different merchants and a focus on savings or deals rather than on the products and features of a merchant.
Affiliates ARE allowed to keyword bid. The only restrictions are on trademark terms relating to, and including search terms that have “Hos2Go”. This is in addition to any and all other variations of our trademark including but not limited to, “Host2Go”. Affiliates in violation of our PPC rules may also be subject to account suspension or termination. Affiliates are required to add the following negative campaign keywords when keyword bidding:
– Host2Go Hosting
– Host2Go Web hosting
Sales will be voided (and potentially chargeback) when these rules are violated. Other occasions when an affiliate sale will be voided include, but are not limited to:
* Canceled before 45 day approval period
* Test transactions (by affiliate or by Host2Go)
* Duplicate sales
18.5. Anti-Spam Policy
We do not and will not tolerate the sending of unsolicited email messages and will prosecute all offenders to the fullest extent of the law. By agreeing to the terms and conditions of this Agreement, you also agree to the following:
a) e-mails promoting Host2Go shall not contain or include a falsified sender domain name or falsified IP address;
b) e-mails promoting the Host2Go advertisements shall not be routed or relayed through servers that the sender does not have explicit authorization to use;
c) e-mails promoting the Host2Go advertisements shall not contain or include a false or misleading subject line that attempts to disguise or conceal the content of the e-mail;
d) all e-mails shall contain or include valid and responsive contact information of the sender, list manager or list owner; This includes your physical address.
e) no e-mails promoting Host2Go shall be sent for the purpose of harvesting the e-mail addresses in order to send future unsolicited e-mails;
f) all e-mails promoting Host2Go Hosting, Inc will be sent to individuals who have given you their Affirmative Consent as defined in Sec. 3.1 of the CAN-SPAM Act of 2003 (viewable at GPOAccess.gov) which by its reference is incorporated into this Agreement;
g) every e-mail promoting Host2Go advertisements shall contain a functioning return electronic mail address or other Internet-based mechanism clearly displayed that a recipient may use to submit in a manner specified in the message a reply electronic mail message or other form of Internet-based communication requesting not to receive future e-mail messages from you;
h) you shall process any and all opt-out requests within 5 business days, or less of the request;
i) unless otherwise directed by Host2Go in writing, you shall not use Host2Go, or it’s represented advertisers names (including any abbreviation thereof) or any trademark, trade name, service mark, logo or other HOST2GO identifying information in the originating or return e-mail address line, header or subject line of any e-mail transmission and that all e-mail transmissions shall contain language in the body and both the “from” line as well as the “re:” line that clearly announces that the offer embedded in the e-mail is being sent by you for the benefit of your users; and
j) you agree and affirm to comply with all the rules and regulations set forth in the CAN-SPAM Act of 2003 as well as all obligations and provisions herein.
19. FTC Blogging Guidelines
We strongly advise affiliates to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on Host2Go’s products and services, as well as relationships between other types of content websites (forums, blogs, microblogs and other Social Media channels) and Host2Go must be clearly disclosed in a separate policy on the affiliate sites. FTC points out that when there exists a connection between the endorser and the seller of the advertised product it is imperative that such connection is fully disclosed. FTC deems the relationship in an endorser-sponsor light, and believes that the end user has the right to understand that one exists. We share the undergirding idea of this approach, and strongly encourage our affiliates to adhere to the FTC’s rules. We also reserve the right to terminate relationship with any non-compliant affiliates.
Host2Go does not express or imply any warranties or representations with respect to our affiliate program or an affiliate’s potential to earn income from our affiliate program. We make no representation that either our site or that of the affiliate program will be uninterrupted or error-free and we will not be liable for any consequences of interruptions or server down time.
21. Grant of Licenses
21.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of HOST2GO’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of HOST2GO and the good will associated therewith will inure to the sole benefit of HOST2GO.
21.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
23. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL HOST2GO’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless HOST2GO, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of your affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant or breach of this Agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” or should be understood as confidential under the circumstances, will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
26.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and HOST2GO. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Agreement.
26.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
26.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Michigan without regard to the conflicts of laws and principles thereof.
26.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
26.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
26.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
26.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
APPENDIX A: Infrastructure providers
Infrastructure Provider Terms
Google Cloud Platform https://cloud.google.com/terms/
Amazon Web Services https://aws.amazon.com/service-terms/
Alibaba Cloud https://www.alibabacloud.com/help/faq-detail/42417.htm
Microsoft Azure https://azure.microsoft.com/en-gb/support/legal/
APPENDIX B: Business information
Company Name Host2Go Limited
Company Registration Date 12 June 2013
Company Registration United Kingdom
Ownership status Independently Owned.
All shareholders work at Host2Go.
Zero bank finance. Zero leverage. Any debt is in the form of shareholder loans.
The following Third-Party Terms of Service agreement apply to any additionally added services apart from the Web Hosting Service we offer but integrated into the same. By purchasing any of the Web Hosting Packages that we offer the customer agrees that all of the offered by Host2Go Ltd services may or may not include additional or included Third-Party services with the sole purpose of:
– Improving the already offered service.
– Improving the user experience.
– Adding additional functionalities.
– Adding Security improvements.
– Adding Performance improvements.
Contact our support team for more information: [email protected]
By utilizing the Web Hosting service after successful purchase on our website, the customer acknowledges and agrees with the usage of any Third-Party services bundled into the purchased Web Hosting Package.
Host2Go Ltd reserves the right to add new, update already existing or completely remove any Third-Party services without any prior notice. Host2Go Ltd reserves the right to change the pricing and apply additional price for any bundled or additionally added Third-Party services without any prior notice.
The customer agrees with the usage of the following list of additional Third-Party services provided with our Web Hosting packages:
PublicDomainRegistry – Industry leader in providing Domain Registration Solutions.
cPanel/WHM – The most powerful Web Hosting control panel is on our customer disposal free of charge or on a fixed price rate determinate by Host2Go Ltd. cPanel is a Linux based Graphical user interface used for easy management of Web Hosting accounts and related services.
StackCP – Linux based Graphical user interface gives you the flexibility and full website managing.
Webmin/Virtualmin – Powerful and flexible web hosting control panel for Linux and BSD systems. Available in an open-source community-supported version, and a more feature-filled version with premium support, Virtualmin is the cost-effective and comprehensive solution to virtual web hosting management. And, Virtualmin is the most popular and most comprehensive open-source control panel with over 150,000 installations worldwide.
CloudLinux – Linux distribution, created for shared hosting providers. Provided by CloudLinux Inc. the operating system is based on another Linux distribution – CentOS, Ubuntu, AlmaLinux, Rocky Linux, Debian.
JetBackup – Additionally added functionality to the cPanel/WHM services used to graphically represent the backup/restore processes for our customers’ accounts.
Softaculous – Additionally added functionality to cPanel/WHM that allows the customers to easily install web scripts on their web hosting accounts with few clicks. The service supports more than 450 web scripts with different and useful functionalities.
SpamExperts – Additionally added functionality to cPanel/WHM and to the Email service in particular. It is used to scan and filter all the inbound or outbound emails for spam, viruses or malicious links.
Host2Go Ltd reserves the right to update the Third-Party Terms of Service as we see fit without any prior notice.