Before using any of the services, you (Subscriber) are required to read, understand and agree to these terms. If you disagree with any part of the terms then you may not access the site and use any of the services.
The web pages available at 8host.com and all linked pages ("Site"), are owned and operated by Validtech LTD. (herein referred as Provider) Scottish limited partnership. Provider agrees to provide services and communicate with Subscriber only under these terms.
Provider reserves the right to modify these terms without notice.
Subscriber is required to be a person of legal age representing himself or other commercial organization, and may may use provider's services, only in case if he is not barred from receiving such services under the laws of the United Kingdom or other jurisdictions. In order to access Provider's services, Subscriber is required to register and provide current and factual identification, contact, and other information as required.
You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Provider of any unauthorized use of your account or any other breach of security. Provider will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
Subscriber are restricted from registering multiple accounts with the same billing details without first notifying provider of that intent to ensure that accounts aren't automatically flagged as possibly fraudulent and without notification accounts may be treated as abuse and/or fraudulent which would lead to suspension of service.
Provider allows Subscriber to use part of Provider's computing infrastructure in exchange for monthly fee, payable to Provider. All parts of Provider's infrastructure remain under Provider's ownership.
Subscriber is allowed to use Provider's resources and services in compliance with legal regulations of Subscriber's country of residence, United Kingdom and Netherlands as well as any other regulations applicable to such use, including but not limited to those statutes forbidding: distribution of child pornography, forgery, identity theft, misdirection or interference with electronic communications, invasion of privacy, violations of the CANSPAM Act, collection of excessive user data from children, or other improper data collection activities, securities violations, wire fraud, money laundering, or terrorist activities, or false advertising, propagating or profiting from frauds and unfair schemes. Users will also comply with the affirmative requirements of law governing Network use, including but not limited to: disclosure requirements, including those regarding notification of security breaches, records maintenance for regulated industries, and financial institution safeguards.
Subscriber shall not use any method to circumvent the provisions of the terms of service, or to obtain services in excess of those for which they contract with Provider. Subscriber shall use only those IP addresses that are assigned to them by Provider, and shall not use any IP addresses outside of their assigned range. Subscriber shall not use any mechanism to exceed the amount of Network resources assigned to them, or to conceal such activities.
Subscriber may not use the Provider's resources and services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to: trojans, key loggers, viruses, malware, botnets, denial of service attacks, flood or mail bombs, logic bombs, or other actions which Provider reserves the sole right to determine to be malicious in intent.
In addition to being forbidden from performing any acts made illegal by the CAN-SPAM Act, Users may not send bulk email utilizing their Network resources unless they maintain a double-authorized list of subscribed members including IP addresses and relevant contact information, along with following guidelines for including removal links with all sent emails according to the CAN-SPAM act. Users are forbidden from taking any action that would result in their IP addresses, or any IP address associated with Provider or other Users, being placed on the Spamhaus.org blacklist.
Provider shall notify Subscriber of any abuse reports or claims coming from third parties. Subscriber shall then resolve any issues reported within the period of one week and notify provider about the result.
Provider shall suspend any account or service provided to Subscriber in case if such service is not paid by Subscriber in the due date. Subscriber is responsible for keeping record of end dates of his services and for prompt payment for such services regardless if Provider issued appropriate prior notification. In case Subscriber is found to be using any services after the end date and/or after due date for any reason including, but not limited to any hardware and software failures, mail system errors etc., such account shall be immediately suspended without notice until full clearance of all outstanding amounts. If due amount is not paid within 7 days after suspension Subscriber shall than pay the late payment fee.
Any suspended service shall be terminated not later than 28 days after it's suspension. Provider reserves the right to delete all data associated with account or service and holds no responsibility for any potential loss that may occur to Subscriber. It is Subscriber's own responsibility to extract, copy or backup any data stored on Providers infrastructure. Any data that remains after service suspension is treated by provider as useless and valueless.
Provider reserves the right to suspend or terminate any account without prior notice. Provider agrees to treat Subscriber's business with respect and keep away from any loss of data, however any activity that will be treated as offending or fraudulent against Provider or spoiling Provider's reputation, will be immediately prosecuted and such account and all associated services will be terminated.
Subscriber has the right to terminate it's account and any of it's services under the terms described in this document.
Provider offers to Subscriber a 14 days testing period for some of it's services and 30 days money back guarantee for all Virtual Machine services such as Cloud Vm, Cloud VPS and Virtual Dedicated Servers, meaning that for any reason Subscriber wishes to cancel it's service within 30 days from the initial sign-up date, he is allowed to do so. In such cases Provider should issue a full refund of paid amount to Subscriber within 30 days from the date of refund request.
After the period of 30 days after initial sign-up date Subscriber is not eligible to receive any refunds either full or partial. In case of specific extraordinary reasons Subscriber may need to cancel it's services before the end date, Subscriber shall notify Provider about such reasons. Provider reserves the right to make decisions under it's own judgment about each such case.
Any products that are related to physical hardware and it's installation in Provider's Datacenter including but not limited to Collocation services and Dedicated Servers are not covered by any money back guarantee.
All invoices issued by provider and prices on Provider's site are in Euro and are payable in Euro. All fees associated from currency exchange if provided by third party payment processor from and to Subscriber's currency are Subscriber's own responsibility.
Subscriber will be billed on monthly basis, with payment due no later than the service end date. In case of payment after the due date provider reserves the right to request a late payment fee.
It is Subscriber's own responsibility to preserve copies of Subscriber's data. Even with respect to Data as to which Subscriber contracts for backup services, Provider shall have no responsibility, the service is provided as is, without warranty.
Provider should have it's own backups of data stored within infrastructure, however these backups are for provider's own use and safety. Subscriber shall have no access to them. In case if Subscriber requires any data to be restored from such backup, provider reserves right to decline such request or to request a fee for data restoration.
PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING HARDWARE, SOFTWARE, OR SERVICES, NOR THE STATEMENT OR CONDUCT OF ANY AGENT OF PROVIDER, SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY WHATSOEVER. USER ACKNOWLEDGES THAT HE OR SHE HAS RELIED ON NO WARRANTIES OR STATEMENTS OTHER THAN AS MAY BE SET FORTH HEREIN. USER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST PROVIDER ARISING OUT OF USER'S PURCHASE OR USE OF THE SOFTWARE, OR ANY CONDUCT OF PROVIDER'S OFFICERS, EMPLOYEES, OR AGENTS. PROVIDER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO USER OR ANY THIRD PARTY IN ANY AMOUNT, OR FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF GOODWILL, OR THE LOSS OF USE OF ANY DATA, EVEN IF PROVIDER HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NO DISCLOSURE BY PROVIDER'S OFFICERS, EMPLOYEES, OR AGENTS, SHALL BE MADE A CAUSE OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL PROVIDERS AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE, EXCEED THE AMOUNT OF ONE (1) MONTH OF SERVICE PROVIDED PURSUANT TO THIS AGREEMENT. USER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT PROVIDER WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS.
Either party shall be excused from performing hereunder to the extent that it is prevented from performing as a result of any act or event which occurs and is beyond its reasonable control, including, without limitation, acts of God, war, weather, utility or telecommunications outages, unrest or riot, strikes any action of a governmental entity, etc.; provided that the party experiencing the force majeure provides the other with prompt written notice thereof and uses reasonable efforts to remedy effects of such force majeure.
www.8host.com is owned and maintained by Validtech LTD.
Legally represented at:
Suite 1, 78 Montgomery Street,
Edinburgh EH7 5JA, Scotland
All claims regarding Provider's actions, services and terms should be sent to:
Such claims are only valid after written acknowledgment by provider and will be initially answered within 90(ninety) days after such acknowledgment.
Provider reserves the right to change these terms without any notice, such changes are effective immediately.
Provider - Validtech LTD. represented by web site at 8host.com
Subscriber - physical person or commercial organization that requests to or uses Provider's services.
Infrastructure - complex of hardware and software including but not limited to computers, servers, their parts, networking equipment, cables, installed operational systems, additional software products, third party services owned and/or received from third parties by Provider in order to provide services.
Service - part of Provider's infrastructure either physical or virtual, described and limited by various characteristics which is allowed for use by Subscriber for a limited time in exchange for fee.
Fee - amount of money set by Provider and payable by Subscriber to Provider. Also referred as Price. It is individual for every service provided by provider to Subscriber.
Late payment fee - amount of money equal to 10% of payment amount in each particular case.
Data - Complex of files and settings, and information in some way stored in Provider's Infrastructure.