Terms of Service

1. Definitions

1.1. ‘Client’, and ‘customer’, means person, firm or company that purchases or agrees to purchase goods or services from the company.

1.2. ‘Company’ means Nethost.ie

1.3. ‘Goods or services’ means the item supplied by the company as specified on the order form.

1.4. ‘Contract’ means a contract for the supply of goods and services by Nethost.ie

  

2. Terms and conditions

2.1. These terms and conditions apply to all contracts for the sale and supply of goods and services by Nethost.ie to the exclusion of all other terms and conditions which the client may purport to apply.

2.2. By completing the order form, orders by the mode of telephone or logging into your account/ uploading files the client will be deemed to have accepted and agreed to these terms and conditions.

2.3. Any variation of the terms and conditions shall be inapplicable unless agreed in writing by the company.

2.4. We the company reserve the right to amend and update these terms and conditions at anytime without notice.

2.5. It is the client’s responsibility to keep their contact details on their Nethost.ie account up to date.

2.6. Nethost.ie will only accept requests to update client contact details that originate from an email address or phone number listed on the client’s account. If the client has no access to either of these, the Company will require proof of the account owner’s identification such as a valid passport or driving license as well as proof of address such as a recent utility bill prior to proceeding with any changes on the client’s account. Third-party requests are not accepted.

2.7. Nethost.ie may terminate your account without notice for any breach of these Terms.

  

3. Price and payment

3.1. Payment by the client will be either on a monthly, quarterly or yearly single payment basis. By entering your credit card or debit card details into our billing system, you agree to allow your card to be used for these payments. Notification will be given when payment is being taken in the form of an email.

3.2. Payment for domain registrations are due up front before registration occurs. Between the time when an order is made by the client and payment is received, it’s possible for an available domain name to be registered by a third party, and Nethost.ie accept no responsibility for this.

3.3. Domain name and hosting renewals are not processed by the company until the renewal fee is paid by the client, and payment must be made prior to the domain’s or hosting service’s expiry date or they may be lost, terminated, or subject to a late renewal fee or manual restoration fee. This fee may be subject to change periodically.

3.4. Clients who do not store, or who remove, their credit card or debit card details from our online billing system risk losing domain names or having hosting services suspended or closed if the company have not received payment for renewal before the service renewal date.

3.5. Credit card or debit card details added by the client to their online billing system may be used to take payment for any other unpaid invoice(s) on their account.

3.6. The company reserves the right to vary the amount payable from time to time, however we will give you 30 days prior email notice of any such variation.

3.7. The company has no obligation to carry out any work until full payment in advance has been received in clear funds.

3.8. Once a domain name has been registered on a client’s behalf, it is not possible to cancel the domain or offer a refund.

3.9. The company has no obligation to issue refunds for hosting plans purchased. This does not affect your statutory rights.

  

4. Termination

4.1. The initial term of this contract shall be the period described in the above, which will be stated on the client’s invoice, and it shall commence on the date of acceptance by the client. Thereafter the contract will continue on a monthly, quarterly, or yearly basis unless terminated according to the provisions below.

4.2. All account cancellations must be submitted to Nethost.ie in writing, with at least 7 days notice. Cancellation requests will be accepted in the form of email or letter, and must include the account owner’s name with valid signature and reason for cancellation. Third-party cancellations are not accepted. Cancellation requests sent via email must originate from the contact email address listed on the client’s account with the company.

4.3. Nethost.ie may, at its sole option and without any obligation to refund monies paid by the client terminate this Agreement immediately on written notice (email) to you if:

(a) ordered to do so by a court of competent jurisdiction;

(b) the use of the Service is or becomes illegal;

(c) if there is a breach of this Agreement;

(d) the continued use of the Service could cause technical problems on our server(s), network(s), or the Internet; or

(e) you act in any way or do anything which may reasonably be construed to impugn the trade mark rights of NetHost.ie or otherwise be detrimental to the business, goodwill or reputation of Nethost.ie.

4.4. Either party may terminate this Agreement by serving not less than 7 days Written Notice on the other provided that if you terminate this Agreement pursuant to this clause you shall not be entitled to a refund of any monies paid. For the purposes of this Agreement, for the Customer to terminate the Agreement, “Written Notice” must be sent as per clause 4.2. in this Agreement, or for Nethost.ie to terminate the agreement, “Written Notice” means an email or letter sent via recorded delivery to the most recent contact details provided by the Customer.

4.5 When your account is closed all files will be deleted.

4.6 Any attempt to use the Control Panel for purposes other than its intended use will result in your account being terminated.

4.7 Any improper use by the client under the Acceptable Usage Policy will result in immediate termination of the Company’s service.

4.8 If a client has ordered a service on an annual subscription the company expect the client to commit for this period of time. If the client wishes to cancel or breaks any of the terms and conditions and their account is cancelled within this service period, we the company will not make any refunds for any unused portions of the client’s account. Whilst the company does not offer refunds the client have no obligation to continue using our service.

  

5. Fraudulent Activities

5.1 In the case where suspicion of fraud has arisen, we the company reserve the right to cancel your account at any time without prior notice or consent from the client . We also reserve the right to not refund any monies paid and this is totally at the companies discretion . Factors that may constitute as fraudulant are

i) Supplying false contact information

ii) Using someone elses credit card without their written consent

iii) Witholding information from the company

iv) Offering or distributing any fraudulent goods, services, schemes or promotions

See our Acceptable Usage Policy below.

  

6. Company’s Liability

6.1 In no circumstances whatsoever will the company be liable for economic, indirect or consequential loss arising from delays or service interruptions.

6.2 The company will not be responsible for loss occasioned by computer viruses, whether introduced by the Company’s software or otherwise.

6.3 To protect your privacy we will never contact you seeking login information by phone or email.

6.4 We the company reserve the right to remove material deemed inappropriate from your web pages, without prior notice. Nethost.ie do not allow Warez, Illegal MP3 or video websites, porn and discriminate or racial content on their servers.

6.5 We the company shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of services.

6.6 Whilst the company shall expeditiously seek domain registration, the company shall not be liable in the event of the domain having been registered by some other person by the time the company seeks registration in which event a full refund will be paid to the client without any other liability on the part of the company for loss by the client.

  

7. Client’s Liability

7.1 It is the client’s responsibility to carry out personal computer virus precautions.

7.2 Unless a client has signed up for a Backup Plan, it is the responsibility of the client to keep independent backup files of important data. We the company cannot be held responsible for any loss incurred from the client’s inability to backup any files.

7.3 Telnet shell accounts will never be made available on shared hosting account for security reasons.

7.4 Clients must not attempt to gain the privileges of another user.

7.5 When seeking domain registration, the client will be responsible when placing an order to ensure that the domain has not been registered by some other person.

7.6 It is the clients responsibility to notify the company if they wish to terminate their service before the next renewal date. Any payments made by the client before termination notice has been given are non refundable.

7.7 Please read our Acceptable Usage Policy below.

  

8. Domain Names

8.1 Domain names must be paid for in full and for a minimum of 12 months in advance

8.2 In the case of expiry, we will contact you by email with a renewal invoice. Domains will not be renewed by the company until payment is received in full. The company may use alternative communication methods given by the client (email , phone, post) and it is the client’s responsibility to make sure all contact information associated with the domain name is up to date and accessible . It is not the company’s responsibility to check this . If the client fails to contact the company on the domain’s expiry date the domain will not be renewed and will enter a redemption period.

8.3 In the case of a domain entering a redemption period, the company may be required to charge a higher fee than normal to secure the domain for an additional 12 months.

8.4 Once a domain name has been registered on a client’s behalf, it is not possible to cancel the domain or offer a refund.

8.5 UK Domains

All *.uk domain registrations are covered by Nominet’s terms and conditions. In case of dispute you should refer to their domain dispute resolution policy.

8.6 IE Domains

All .ie domain registrations are covered by the IEDR’s registration policy. In case of dispute you should refer to their domain dispute resolution policy.

  

9. Virtual Servers

9.1 Virtual servers comes unmanaged by default and it is the client’s responsibility for maintaining the operating system and underlying services including
 
• OS Patching
• Security (Firewall,passwords,file security)
• Scripting languages e.g PHP, ASP
• Databases
• Application installation
 
The Company’s responsibility is defined as:
 
• Network connectivity and uptime
• Hardware uptime and replacement
 
9.2 The company will perform nightly backups of clients containers and will charge non refundable fee of €30 + VAT per incident for file or folder restores.

9.3 In most instances we will endeavour to offer support and ‘best-advice’ guidance to customers with unmanaged servers and virtual servers. If a customer requires additional support outside of their support contract the the company will charge a support fee for any work carried out.

  

10. Acceptable Usage Policy

10.1 Violation of this Policy is strictly prohibited. Any violation will result in immediate suspension, termination and/or compensations awarded to NetHost.ie for damages caused by these violations as detailed in this Policy. You shall remain solely liable and responsible for your use of the Plan(s) and any all content that you display, upload, download, or transmit through the use of the Plan(s). NetHost.ie will be the sole arbiter as to what constitutes a violation of this policy.

10.2 Inappropriate uses include, but are not limited to activities such as unauthorized distribution or copying of copyrighted software, harassment, fraud, trafficking in obscene material, and other illegal activities. Files such as Layer-3 music (MP3s), and movies protected by copyright laws are strictly forbidden. The use of bots executed on the server through Telnet are also not allowed.

10.3 Spamming, the sending of unsolicited mass email from, through, or towards NetHost.ie’s server is strictly prohibited. Spamming includes Using fictitious e-mail addresses @nethost.ie , Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person’s permission

10.4 We prohibit sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable.

10.5 Any scripts considered to be detrimental to system performance or network integrity will be shut down without prior notice.

10.6 Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. – make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the Plans, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited.

10.7 Unsecured / Open Access Proxy Services cannot be operated, and customers are reminded that they are fully responsible for all network activity originating from their account. Bandwidth usage in excess of agreed monthly allowances will incur additional charges billable to the customer.

If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.

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