TERMS OF SERVICE

DEFINITIONS

Agreement refers to the agreement between HostGrower and the Customer for HostGrower to provide services to the Customer;

Bandwidth refers to the data transmission rate in bits per second using HostGrower equipment;

Confidential Information means information that either party has identified as confidential or proprietary, or whose nature is clearly confidential or proprietary;

Customer refers to you, an individual or entity who has agreed to these Terms of Service;

Fees shall refer to the fees for the services, as displayed on hostgrower.com;

Intellectual Property Rights shall mean any and all patents, trademarks, service marks, copyrights, know-how, design rights, or other intellectual or similar rights, whether or not registrable in any country, as well as all or any goodwill relating to the same;

Services refers to hosting;

HostGrower refers to HostGrower Limited, a company registered in England and Wales with the company number 14636097. HostGrower is the trading name of HostGrower Limited;

You, Your & their grammatical variants refer to you, any other entity that owns or has a beneficial interest in you, or any other entity in which you own or have a beneficial interest.

1. SERVER USE

1.1 HostGrower does not permit the storage of any of the following content on its servers: illegal material, including copyrighted works, commercial audio, video, or music files, and any material in violation of any UK legislation. Pornography, erotic images, and other lewd or obscene content are all examples of adult material. The label “adult material” is entirely up to HostGrower’s discretion. HostGrower does not permit the use of pirated software, ROMS, emulators, hacking, password cracking, IP spoofing, or the encryption of any of the foregoing. This includes any websites that offer “links to” or “how-to” information about such material.

2. UNRESTRICTED BANDWIDTH POLICY

2.1 High Bandwidth Usage: HostGrower provides an unrestricted use policy by maintaining very high bandwidth-to-customer ratios. In rare cases, HostGrower may discover a customer who is abusing server resources to the point where it jeopardises server performance and resources for other customers. In such cases, HostGrower reserves the right to impose the High Resource User Policy in order to protect all customers.

3. HIGH RESOURCE USER POLICY

3.1 Resources are defined as bandwidth, processor utilisation, or disc space. At its sole discretion, HostGrower may implement the following policy: if a website is found to be monopolising available resources, HostGrower reserves the right to suspend that server immediately. This policy is only enforced in extreme cases and is intended to prevent the misuse of our servers.

4. FEES & PAYMENT TERMS

4.1 All service fees are due in advance and are non-refundable;

4.2 All fees must be paid in UK pounds sterling, and unless otherwise stated, all prices are quoted net of value added tax (VAT);

4.3 Although HostGrower reserves the right to change service prices at any time, all pricing is guaranteed for the duration of the prepayment. Any changes to service prices will be clearly communicated to customers prior to their application, with one month’s notice. The notice will be delivered via email to the customers’ primary email address on their account with HostGrower;

4.4 The additional hosted domains will be cancelled if the primary hosting package fees are not paid, regardless of the invoice and/or renewal date;

4.5 Customers must keep a valid credit or debit card and email address on their account at all times. Failure to do so may result in your account being suspended;

4.6 HostGrower will suspend and/or cancel any account that contains: (1) incorrect or fraudulent information; or (2) initiates a credit or debit card chargeback.

5. TERM & TERMINATION

5.1 The term of service for all annually billed services is annual, and the term of service for all biennially billed services is biennial;

5.2 The term of service for all monthly billed Services, is monthly;

5.3 HostGrower has an auto-renewal policy in place for all of the services it offers to customers in order to ensure service continuity. When Your initial term expires, Your Services will be automatically renewed for the same term, at which point HostGrower will charge the credit card or debit card associated with Your account;

5.4 YOU AGREE THAT YOU THE CUSTOMER ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR SERVICES ARE RENEWED AND/OR REGISTERED, AND THAT HOSTGROWER SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL AND/OR REGISTRATION OR ANY ATTEMPT TO RENEW AND/OR REGISTER THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING AND/OR REGISTERING OR ATTEMPTING TO RENEW AND/OR REGISTER THE SERVICES;

5.5 If a customer does not want to renew a product or service, they must change the auto-renew status of that product or service to “off” before the product renewal date in their Account Control Panel via Manage Renewals;

5.6 HostGrower reserves the right to terminate a customer’s agreement at any time. In this case, You will be entitled to a pro-rata refund based on the remaining term of service, unless You have violated these Terms of Service, in which case You may be barred from receiving a refund;

5.7 HostGrower reserves the right to immediately terminate this Agreement if the Customer fails to make an advance payment for any Service when it becomes due to HostGrower;

5.8 Special offers are only available to new customers; existing customers cannot order them through their Account Control Panel. One special offer per unique customer is permitted;

5.9 Either party may terminate this Agreement by giving notice in writing to the other party if the other party (i) is in material breach of this Agreement and fails to remedy such breach within 30 days of the receipt of a request in writing to remedy such breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of the Agreement, (ii) becomes the subject of a voluntary arrangement under Part 1 of the Insolvency Act 1986; (iii) is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986; (iv) has a receiver, liquidator, or administrator appointed over all or part of its assets or income; or (v) has ceased to trade.

6. CANCELLATION

6.1 Customers may not cancel their service(s) during the term of service, but they may disable auto-renewal for individual products as described in Section 5.5;

6.2 Customers will not be able to cancel any service if there are outstanding payments for that service.

7. DISCLAIMERS AND WARRANTIES

7.1 HostGrower does not backup Your data or website, and while every effort is made to replace lost data in the unlikely event of corruption or hardware failure, HostGrower cannot guarantee that this will be possible. This includes data loss caused by delays, non-delivery, incorrect deliveries, and any and all service interruptions caused by HostGrower and its employees;

7.2 HostGrower makes no warranties or representations that any service will be available continuously or without interruptions. You agree to accept all services provided hereunder “as is” and without any warranties of any kind;

7.3 To the fullest extent permitted by law, all implied conditions, warranties, and terms (whether express or implied by statute, common law, custom, or otherwise), including but not limited to those relating to the exercise of reasonable care and skill, fitness for purpose, and satisfactory quality (where applicable), are hereby excluded in relation to each of the services to be provided hereunder;

7.4 HostGrower accepts no responsibility for any third-party services or products;

7.5 HostGrower will not be liable for any type of loss or damage suffered by You as a result of or in connection with any breach of this Agreement by You or any act, misrepresentation, error, or omission committed by You or on Your behalf;

7.6 HostGrower will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data, or goodwill suffered by You, or for any wasted management time or failure to make anticipated savings, or for any liability You incur to any third party arising in any way in connection with this Agreement or otherwise, whether or not such loss was discussed by the parties prior to contract, or for any account for profit, costs, or expenses arising from such damage;

7.7 No matter how many claims are made or the basis of such claims, HostGrower’s maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement), whether such claim arises in contract or in tort, shall not exceed a sum equal to twice the fees paid by You for the services in relation to which Your claim arises during the 12 month period;

7.8 None of the provisions herein shall be construed to limit liability for death or personal injury caused by the negligence of HostGrower, its employees, or its subcontractors;

7.9 HostGrower shall not be liable for any interruptions to the services or outages arising directly or indirectly from (i) interruptions to the flow of data to or from the internet, (ii) changes, updates, or repairs to the network or software which it uses as a platform to provide the services, (iii) the effects of the failure or interruption of services provided by third parties, (iv) factors outside of HostGrower’s reasonable control, (v) Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement), (i) problems with Your equipment and/or third party equipment, or (vii) interruptions to the services requested by You.

8. INDEMNIFICATION

8.1 You agree to defend, indemnify, save, and hold HostGrower, its officers, employees, agents, subcontractors, and affiliated companies harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees, asserted against HostGrower, its agents, its customers, officers, and employees, that may arise directly or indirectly as a result of any service provided, performed, or agreed to be performed, or any product sold by HostGrower;

8.2 You agree to defend, indemnify, and hold harmless HostGrower from any liabilities arising from (i) any injury to person or property caused by any products sold or otherwise distributed in connection with a HostGrower server, (ii) any material supplied by You infringing or allegedly infringing the proprietary rights of a third party, (iii) intellectual property rights infringement, (iv) any defective products sold by You from a HostGrower server, and (v) any breach of an agreement.

9. FORCE MAJEURE

9.1 Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supranational authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorized use or access to the IT systems of HostGrower or the Customer, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party’s workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.

10. ENTIRE AGREEMENT

10.1 This Agreement represents the parties’ entire agreement relating to the subject matter hereof, and neither party has relied on any representation made by the other party unless such representation is expressly included herein;

10.2 Nothing in this clause relieves either party of liability for fraudulent misrepresentations, and neither party is entitled to any remedy for negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on it as fair and reasonable;

10.3 This Agreement supersedes all prior oral or written agreements, representations, statements, negotiations, understandings, proposals, or undertakings relating to the subject matter expressly set forth herein.

11. SEVERABILITY

11.1 If any provision of this Agreement is found to be unenforceable or invalid under applicable law or by a court of competent jurisdiction, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole;

11.2 HostGrower will amend or replace such a provision with one that is valid and enforceable and, to the greatest extent possible, achieves HostGrower’s original objectives and intent as reflected in the original provision.

12. CONFIDENTIALITY

12.1 Each of the parties agrees not to disclose any Confidential Information received from the other party or make any use of any such Confidential Information other than for the purposes of performance of this Agreement, except that (i) each party may disclose Confidential Information received from the other to its responsible employees, consultants, sub contractors or suppliers who need to receive the information in the course of performance of this Agreement, (ii) the confidentiality obligations set out above shall not apply to any information which is or subsequently becomes available to the general public other than through a breach by the receiving party, or is already known to the receiving party before disclosure by the disclosing party or is developed through the independent efforts of the receiving party, or (iii) the receiving party rightfully receives from a third party without restriction as to use.

13. WAIVER

13.1 Failure or delay by either party in exercising any right, power, or remedy granted by the Agreement will not, under any circumstances, impair or waive such right, power, or remedy;

13.2 Any single or partial exercise of any right, power, or remedy under the Agreement by either party does not preclude any other or further exercise of that right, power, or remedy or the exercise of any other right, power, or remedy;

13.3 Any waiver by either party of a breach or default by the other party under any of the terms of the agreement is not deemed a waiver of any subsequent breach or default and has no bearing on the other terms of the agreement.

14. ASSIGNMENT

14.1 You may not assign, sublicense, or transfer Your rights or obligations under this Agreement to any third party without HostGrower’s prior written consent. However, if HostGrower agrees to such an assignment, sublicense, or transfer, this Agreement will continue to benefit and be binding on the parties and their respective successors and permitted assigns;

14.2 Any or all of HostGrower’s rights and obligations under this Agreement may be subcontracted or assigned.

15. AMENDMENTS

15.1 You may not amend or modify this Agreement unless you sign a written document signed by both you and an authorised representative of HostGrower.

16. NOTICES

16.1 You agree that any notice or communication required or permitted by HostGrower to be delivered to You under this Agreement will be deemed to have been given immediately if delivered via e-mail or 24 hours after dispatch if sent via overnight mail, in accordance with the contact information You have provided.

17. GOVERNING LAW

17.1 This Agreement and Your rights and obligations under it will be governed by English law and will be subject to the exclusive jurisdiction of the English and Welsh courts.

18. EMAIL

18.1 You may not use HostGrower servers or email services for any of the following purposes: (i) to send unsolicited, offensive, abusive, indecent, or obscene messages or communications; (ii) to send messages that cause annoyance, inconvenience, or anxiety to another internet user; or (iii) to send messages for the purpose of fraud and/or with the intent to commit a criminal offence;

18.2 SMTP traffic to and from a server will be blocked in the following scenarios to prevent the sending of bulk unsolicited mail: (i) when we discover a server with an open mail relay; (ii) when a large volume of mail is sent from a domain in a 10-minute period; or (iii) when we receive large volumes of complaints about unsolicited mail originating from a HostGrower hosted server;

18.3 To prevent HostGrower’s IP addresses from being blocked by IP address blocking, your server may be disabled if we receive a large number of complaints about unsolicited mail originating from a HostGrower server or unsolicited email sent to promote sites hosted on a HostGrower server.

19. GENERAL

19.1 If HostGrower disables a server, we will (i) provide follow-up correspondence during office hours from our Misuse Department, detailing the reasons for the suspension and what actions, if any, the administrator should take to rectify the situation; (ii) collaborate with You to propose a solution to the issue at hand and arrange for the restoration of services in the shortest timeframe possible once an agreement has been reached; (iii) do not re-enable any server that has a history of similar misuse; and (iv) forward the account to the appropriate department to resolve any outstanding issues such as account balance or closure;

19.2 If an action is taken against a site or server, you should contact the Misuse Department directly during office hours;

19.3 The restoration of any and all services suspended during an investigation by the Misuse Department will be considered on a case-by-case basis;

19.4 HostGrower has a police liaison function and is dedicated to assisting and cooperating with all law enforcement and government agencies in reducing internet crime.

20. REPORTING MISUSE

20.1 We need as much information as possible, as well as your contact email address and phone number, in order to process your report efficiently. The information listed below is what we will need from you to investigate internet misuse. Reports will not be investigated until the information listed below is received. If any of the following information is missing from your report, please resend it;

20.2 Reporting port scanning, attempted hacking, and firewall activity: (i) If your report relies on information obtained from a firewall, please include the relevant unedited firewall log (or excerpt). Please ensure that the log includes the time, date, and time zone. (ii) You also need to confirm that the clock on your PC is accurate and that you are using the correct time zone for your locale; (iii) Screenshots or image files will not be accepted as evidence of a system intrusion. (iv) If You notice any other misbehaviour on Your own servers that is originating from a HostGrower IP address, please send us the following information: Your URL, our web server log (showing the IP address, time, date, and time zone of the IP address logging into your server), and any details of the misuse that has taken place;

20.3 Reporting abuse of email and newsgroups (including spam): I The full header and content of the email or newsgroup post are required. The header allows us to track the path that an email or newsgroup post took from the computer from which it originated to the computer from which it was downloaded;

20.4 Reporting virus activity: (i) If you have received or been infected by a virus, worm, or Trojan, please be aware that HostGrower cannot assist you in removing it. We recommend that you instal anti-virus software and keep it updated on a regular basis. (ii) Please include the following information in your complaint: the email header (if one is available) and the email content; (iii) the email attachment that was sent to you (if any). The attachment may need to be saved in an archived file for our email software to recognise it (.zip,.rar, etc.). If you are unable to attach the virus, please send only the email and header;

20.5 Reporting web space abuse: (i) If you become aware of any server hosted by HostGrower that you believe is in violation of our Terms of Service or our Acceptable Use Policy, please email us with the details; (ii) Please send the following information: the URL, the time and date that You noticed the infringement, any details regarding how You came to view the material, and a precise description of why You believe the domain is in breach;

20.6 HostGrower actively reports to the police any illegal activities that occur on our servers. HostGrower also collaborates with the Internet Watch Foundation to ensure that any images of child abuse are removed from our service and reported as soon as we become aware of them, as is standard operating procedure.

21. OUR LIMITED MONEY-BACK GUARANTEE

21.1 Once the contract has been created, you may terminate the contract in connection to the hosting service you have ordered;

21.2 In such instances, you may cancel at any time within 30 days of receiving the acceptance confirmation, (and just 7 days for Middle East users’ accounts “This is due to the reduction of abuse on the refund feature in that region”). If you do this, you will receive a full refund for the hosting service you have cancelled. We will reimburse the amount you paid to the credit card, debit card, or other account you used to make the payment. There will be no more refunds. One per client;

21.3 To cancel the contract, you must notify us via support ticket before the end of the 30-day period (and just 7 days for Middle East users’ accounts “This is due to the reduction of abuse on the refund feature in that region”) specified in paragraph G(b) above. We will respond to you to confirm your cancellation request as part of our cancellation procedure. You must re-confirm your cancellation request by responding to this confirmation, otherwise we will continue to provide the hosting service, rendering your cancellation invalid. This is to guarantee that we do not remove any data that you require;

21.4 No domain registrations or renewals will be revoked under the limited money-back guarantee.

21.5 Please keep in mind that a service charge of £10 will be taken from the return amount for the time used.

22. DOMAIN NAME REGISTRATIONS

22.1 By registering a.uk domain name, you agree to the following terms and conditions with Nominet: https://www.nominet.uk/uk-domains/policies. This contract is distinct from any service agreement You may have with a third party. Please read the Nominet terms and conditions before submitting your order;

22.2 When you register a domain other than a.uk, you enter into a registration contract with the relevant registry via our registrar, OpenSRS; their terms and conditions can be found here: https://opensrs.com/wp-content/uploads/Tucows_ExhibitA.html. This website contains information about ICANN, which is the overall authority for all other registries: https://www.icann.org/resources/pages/responsibilities-2014-03-14-en;

22.3 The domain must be registered and managed by HostGrower or fully transferred and managed by us in order to use the HostGrower DNS, web, and email forwarding service (for domains without web hosting);

22.4 You must ensure that any domains you register for a third party are subject to the terms and conditions of the relevant registry.

FREE DOMAIN FOR LIFETIME OFFER

i) This offer is valid for lifetime domains registrations and renewals only with the yearly web hosting and WordPress hosting ultra packages for those domain name extensions only (.com, .net, .info, .org and .uk);

ii) This offer is valid for lifetime registrations;

iii) Premium domain names are not included;

iv) Domain names with extensions other than those mentioned in section i)  are not included;

DISCLAIMERS

HostGrower Ltd. makes no warranties, representations, or undertakings, either express or implied:

• In relation to any of the information on these pages (including, without limitation, the accuracy, completeness, satisfactory quality, or fitness for a particular purpose of such content or the absence of errors).
• Concerning any other Web site (or any content from or goods or services provided by any such Web site) accessed through or mentioned in these pages, whether via hypertext link or otherwise.

HOSTGROWER LTD. WILL NOT BE LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL LOSSES (or any content of or goods or services offered through any such Web site) accessed through or referred to in these pages, whether via hypertext link or otherwise.

HostGrower LTD WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES RESULTING FROM THESE PAGES OR ANY OTHER WEB SITE ACCESSED THROUGH OR REFERRED TO IN THESE PAGES.