dabHosts.co.uk (also known as dabHosts.co.uk Ltd, dabHosts.co.uk and (www.)dabHosts.co.uk.co.uk) ("The Company") assumes all Clients/Customers (the person purchasing and/or using the services provided by dabHosts.co.uk and all its affiliates) have read the Terms of Service and Acceptable Use Policy before signing up (purchasing) any services, plans, products, agreements or items that dabHosts.co.uk offers.
1.1 By signing up for, holding an account with or using any account/service/product or agreement provided by dabHosts.co.uk the Client agrees to abide by and be bound by all points in these Terms of Service and Acceptable Use Policy as detailed below.
1.2 dabHosts.co.uk reserve the right to change any point of these Terms of Service and Acceptable Use Policy at any time, reasonable attempts will be made to inform any current Client of changes (through our Forums).
1.3 Failure to comply with any point/section or part of these Terms of Service and Acceptable Use Policy will result in appropriate action, as seen fit by dabHosts.co.uk and at the sole discretion of dabHosts.co.uk.
1.4 dabHosts.co.uk, dabHosts.co.uk staff, employees, associates, representatives and/or affiliates cannot be held responsible in any way for any damages incurred by any person or group in result of an action taken by either dabHosts.co.uk (this covers Staff, employees, members, associates, representatives and affiliates) and/or a dabHosts.co.uk Client or Illegal User (hacker, illegally obtained account). Also any damages, losses, fees, liabilities, expenses incurred by any person or group due to the use (or misuse) of any part of any service, agreement or product offered by dabHosts.co.uk or one of its affiliates will in no way be the responsibility/concern of dabHosts.co.uk or any member of its staff (including but not limited to employees, members, associates, representatives and affiliates).
2.1 By signing up for, holding an account with or using any account/service/product or agreement provided by dabHosts.co.uk the Client agrees to indemnify dabHosts.co.uk and all its affiliates, representatives, staff, members and associates from any costs (be they legal, emotional, monetary or other) that arise from the participation of a Client in any dabHosts.co.uk service, product or agreement.
2.1 dabHosts.co.uk reserve the right to refuse any service offered to any Client and/or website at their sole discretion.
2.2 dabHosts.co.uk reserve the right to suspend and/or terminate any Client/Customer account at will and at their sole discretion.
2.3 Domain names registered to Clients/companys by us, free of charge to said Client/company remain the property of dabHosts.co.uk Ltd for 6 calendar months from initial registration. After this time the domain becomes the legal property of the Client/company it was registered on behalf of as long as the Client/company still hold a valid contract with us. If the Client/company wishes to transfer a domain before the 6 months has passed a charge of £15 will be levied per domain. The free domain offer only applies to the first year of registration, after this period the Client will be charged our usual rates to keep the domain registered. The free domain offer applies only to the domain name entered on our order form (i.e. the main, or 'root', domain of your account) at signup. This offer excludes .uk domains.
2.4 Domains held with us and using our "ID Protection" service remain the property of the Client in every aspect. All parts of our TOS/AUP continue to apply to the Client with respect to the domain and its use on our service. The Client's details will only be masked on the WHOIS database. dabHosts.co.uk will comply with any formal legal request received for the Client's details to be released.
2.5 The Client must use their account/service/package/agreement/product purchased from dabHosts.co.uk (or an affiliate) lawfully. They must not host or promote any illegal material/activity, including but not limited to, "warez", viruses, worms, trojans, unlicensed software (available to the public) or promote copyright infringement or any other illegal activity. Legal adult material is allowed to be hosted on dabHosts.co.uk servers. Any activity that breaks this section (paragraph) of the Terms of Service and Acceptable Use Policy will result in immediate account termination (including the deletion of all Client files stored on dabHosts.co.uk servers) without warning.
2.6 This agreement applies for the length of time the Client has a fully paid for account/product with dabHosts.co.uk or one of its affiliates. This length is a minimum of one calendar year from account creation for Annual Contracts and one calendar month from account creation for Monthly Contracts, these lengths are non-negotiable. Account creation occurs when there is a successful transfer of all monies owed to dabHosts.co.uk from a Client/Customer for a product/service and thus an account is created by dabHosts.co.uk for the Client. An account is therefore defined as "created" when dabHosts.co.uk sends the Client a "Welcome" E-mail with all details of their account (such as CPanel login details). n.b. not when a Client receives said E-mail.
2.7 All contracts are automatically extended after the initial agreement period by the previous agreement period length except when a cancellation request has been placed by the client. An invoice will be generated 14 days before the contract renewal and serves as due notice of the upcoming contract extension and renewal. Therefore Monthly Contracts are automatically extended by one calendar month and yearly contracts by one calendar year after the previous contract period expires.
3.1 If dabHosts.co.uk, for whatever reason they see fit, suspend and/or terminate an account/service/product or agreement with a Client this does not entitle said Client to any sort of reimbursement (including but not limited to monies and credits) from dabHosts.co.uk and/or any affiliates.
3.2 If a Client wishes to cancel/terminate their account with dabHosts.co.uk they may do so by contacting dabHosts.co.uk via one of the E-mail addresses listed in the "Contact Us" section of www.dabHosts.co.uk.co.uk. If a Client cancels their payment subscription this will be dealt with in the same manner as a formal cancellation request and the Clients account will be immediately suspended pending termination. If we receive a request for cancellation within 14 days of the Clients account being created, the Client is entitled to a full refund of all monies paid to dabHosts.co.uk under our "14 Day Risk Free Money Back Guarantee" with these exceptions:
1) The Client has used 50% or more of their alloted bandwidth. 2) The Client has purchased/transferred a domain, domain ID protection or an SSL certificate. These are non refundable. 3) The Client has purchased a software license (for example cPanel, Fantastico etc) through us. These are non refundable. 4) The Client has purchased a product, service, account or license through us which includes a setup fee. Setup fees are non refundable. 5) The Client has a dedicated server through us. Dedicated servers are exempt from our 14 day money back guarantee. 6) The Client has previously held and/or currently holds an account with us. 7) The Client breaks any part of our Terms of Service and Acceptable Use Policy.
3.3 Any monies refunded will be issued via the same method as originally used by the customer to purchase the product/service from us.
3.4 If a Client does not submit a cancel request that meets the contract terms, either monthly or yearly, and monies are not transferred when due (according to the subscribed and advertised billing cycle) then the Clients account, sub-accounts and services will be suspended 7 calendar days from the date the monies were due.
The Client will then be given a further 23 calendar days from initial suspension to pay the debt otherwise their account, sub-accounts and services will be terminated (permanently and completely removed).
If suspension as outlined in this clause occurs more than twice within any time period for a Client then upon the third offence a charge of £35 will be levied. Failure to pay this charge (and any other outstanding debt) within 7 calendar days will result in permanent account, sub-accounts and services suspension and/or termination.
Please note that some products are excluded from this clause. These include: domain names, SSL certificates and other items that have an explicit expiry date. These will cease to work on the due date if no monies have been transferred.
3.5 Misconduct towards or against and dabHosts.co.uk staff, employee, member, Client, or affiliate will result in account suspension/termination.
3.6 Misconduct includes, but is not limited to, written, physical or verbal abuse, harassment, threats and disruptive behaviour towards any person, Client, staff member, member, associate, employee or affiliate of dabHosts.co.uk.
4.1 Any attempt to damage or unlawfully access any dabHosts.co.uk owned, rented, leased or in any way utilised servers/equipment and/or network is strictly prohibited.
4.2 Any attempt to access a Client/Customer account other than your own (legally owned and fully paid for) account will result in immediate appropriate legal action.
4.3 Sending unsolicited E-mail (a.k.a. SPAM) from a dabHosts.co.uk account will result in immediate termination of your account and may result in appropriate legal action. dabHosts.co.uk is free to judge each case on merit and thus reserves the right to do so, therefore no solid definition of unsolicited E-mail (a.k.a SPAM) shall be given.
4.4 A temporary URL is given to each Client upon account creation, any attempt to use this URL (either by the Client or a third party) 72 hours after account creation will be considered bandwidth stealing and is in breach of these Terms of Service and Acceptable Use Policy. dabHosts.co.uk reserve the right to take any action they see fit to prevent this including, but not limited to, account suspension/termination.
4.5 Each account a Client holds (legally) is allowed to use reasonable levels of server resources (including, but not limited to, CPU and RAM usage). If, for any reason, a Clients account utilises what dabHosts.co.uk considers to higher levels of server resources then dabHosts.co.uk reserve the right to suspend and/or terminate accounts without prior warning.
4.6 IRC servers are explicitly disallowed on all services/packages that dabHosts.co.uk offers.
5.1 Based on past performance figures dabHosts.co.uk can claim a server uptime average of 99.9% each calendar year, this however is not in any way guaranteed or assured.
5.2 dabHosts.co.uk provides all services, products and items "as is" thus they come with no guarantees and/or warranties of any kind.
5.3 At no point does the Client own any copy of "WHMAutoPilot" that dabHosts.co.uk supplies as part of any promotion. The software is leased to Client and is only provided to the Client for the duration the Client has an account with dabHosts.co.uk. It remains the property of dabHosts.co.uk at all times.
5.4 dabHosts.co.uk need only satisfy itself that a Client has broken any part of these Terms of Service and Acceptable Use Policy in order to take an appropriate action. It is at the sole discretion of dabHosts.co.uk and all staff, employees, associate and affiliates.
5.5 As stated before by signing up up for any service, plan, product, item or agreement with dabHosts.co.uk you agree to all points in these Terms of Service and Acceptable Use Policy. Furthermore, as stated before, by signing up you agree to be bound by all parts of these Terms of Service and Acceptable Use Policy.
5.6 These Terms of Service and Acceptable Use Policy are legally binding.
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