Terms of Service

All services provided by us (“CyberHostUK”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless CyberHostUK from any claims resulting from the use of service which damages the subscriber or any other party.Prohibited are sites that promote any illegal activity or present content that may be damaging to CyberHostUK’s servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links: pirated software, hacker programs or archives, Warez sites

NOTICE: 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 TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A CANCELLATION FEE MAY APPLY. ADDITIONALLY, WE WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage (Bandwidth)
All account plans come with a pre-determined amount of traffic/bandwidth allowance. We monitor all accounts and your account will be suspended if your quota has been exceeded until relevant steps have been taken in the form of: upgrading your hosting package OR paying for additional bandwidth.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of CyberHostUK is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Billing

By the Account Activation Date of each month, CyberHostUK shall either:

(1) debit the client’s credit/debit card (when such information has been provided by the client); or

(2) deliver, by e-mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to CyberHostUK by no later than the specified payment due date. CyberHostUK shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly or annual basis. All credit/debit cards are billed automatically. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit/debit card number or payment method within 48 hours. If we do not receive payment within 7 days, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a setup fee charged by CyberHostUK to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to CyberHostUK and agrees to pay any and all fees incurred by client. Because the services may be provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is annual and you request a refund after two months, no refunds will be admitted. We DO NOT refund partial monthly fees to accounts. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.

Cancellation 
We require 30 days notice for service cancellation.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
CyberHostUK shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from CyberHostUK’s servers going off-line or being unavailable for any reason whatsoever. Furthermore, CyberHostUK 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 CyberHostUK’s servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to admin@cyberhostuk.net. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
CyberHostUK cannot be held liable for system downtime, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by CyberHostUK are resold. Thus, certain equipment, routing, software and programming used by CyberHostUK are not directly owned or written by CyberHostUK. Moreover, CyberHostUK holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as CyberHostUK sees fit.

Account Activation
By activating your account with CyberHostUK, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

Notice

If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
Although CyberHostUK has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

Backups
We encourage all customers to periodically perform their own backups and assume no liability as to the availability or completeness of data backups.

CyberHostUK reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.


Acceptable Use Policy

As a provider of web site hosting and other Internet-related services, CyberHostUK offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. CyberHostUK respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, CyberHostUK reserves the right to take certain preventive or corrective actions.

In order to protect these competing interests, CyberHostUK has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using CyberHostUK’ services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that CyberHostUK cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because CyberHostUK cannot monitor or censor the Internet, and will not attempt to do so, CyberHostUK cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that CyberHostUK does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over CyberHostUK’s network and may reach a large number of people, including both subscribers and non-subscribers of CyberHostUK, subscribers’ postings to the Internet may affect other subscribers and may affect CyberHostUK’s goodwill, business, reputation or operations. For these reasons, subscribers violate CyberHostUK policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward CyberHostUK, but also because it can overload CyberHostUK’s network and disrupt service to CyberHostUK’s subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, CyberHostUK will investigate and shutdown the account that is SPAMing. A charge for violating this policy may be charged to the person initiating the SPAM. Furthermore CyberHostUK reserves the right to prosecute for this violation. A charge may be assessed PER EMAIL sent should CyberHostUK choose to pursue and prosecute.

Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, CyberHostUK does not allow any streaming of audio or video content. Offending accounts will be suspended without notice or terminated with no refund given.

Adult-Oriented Content: 
CyberHostUK does not allow adult content and will suspend/terminate any offending account  with no refund given.

Large File Policy: 
CyberHostUK is not for file hosting and distribution – as such, customers may not host any files larger than 500MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail admin@cyberhostuk.net.

Obscene Speech or Materials:
Using CyberHostUK’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. CyberHostUK is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using CyberHostUK’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks: 
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise.

Usenet Groups:
CyberHostUK reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities: 
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities: 
Engaging in activities, whether lawful or unlawful, that CyberHostUK determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. CyberHostUK will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with CyberHostUK’s policy or applicable law. However, when CyberHostUK becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by CyberHostUK.

CyberHostUK is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching CyberHostUK’s facilities from those subscribers may have originated from a customer of the subscriber or from another third party. CyberHostUK does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. CyberHostUK reserves the right to directly take action against a customer of its subscribers. Also, CyberHostUK may take action against the CyberHostUK’s subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, CyberHostUK anticipates that subscribers who offer Internet services will cooperate with CyberHostUK in any corrective or preventive action that CyberHostUK deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of CyberHostUK policy.

CyberHostUK will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. CyberHostUK may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, CyberHostUK may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. CyberHostUK assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice.

Finally, CyberHostUK may disclose subscriber information or information transmitted over its network where necessary to protect CyberHostUK and others from harm, or where such disclosure is necessary to the proper operation of the system. However, CyberHostUK will never sell information to other services or outside companies.

CyberHostUK expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate CyberHostUK policy. Finally, CyberHostUK wishes to emphasize that, in signing the Service Agreement, subscribers indemnify CyberHostUK for any violation of the Service Agreement, law or CyberHostUK policy resulting in loss to CyberHostUK or the bringing of any claim against CyberHostUK by any third party. This means that, if CyberHostUK is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against CyberHostUK, plus costs and reasonable attorney’s fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including CyberHostUK and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to admin@cyberhostuk.net.


Privacy Policy

CyberHostUK has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices as well as adherence to regulation.

General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) is a new European data protection regulation adopted by the EU Commission, that became effective on May 25th 2018. It is designed to strengthen the security and regulation of personal data. The GDPR applies to both individuals and businesses and regulates the way in which personal data of citizens in the European Union should be handled.

Data Processing

Under GDPR regulations, CyberHostUK will act as a data processor  (processes personal data on behalf of the controller) for data that has been  provided, uploaded or transferred to our servers in the provision of website hosting.  Any client responsible (i.e. themselves or their customers) for uploading this data will be classed as the data controller (determines why and how personal data is processed).

Under GDPR regulations,  CyberHostUK will act as the data controller for any data provided during sign-up and for general account management purposes.

CyberHostUK will continue to treat Customer Data with the required level of sensitivity and confidentiality and invest accordingly to maintain compliance with any applicable legislation.

Our customers are responsible for what they do with the personal information they collect, either directly or through CyberHostUK, about their End Users. They are solely responsible for complying with any laws and regulations that apply to the collection and use of End Users’ information, including personal information collected about them by yourself or from CyberHostUK.

Personal Data – Collection, Storage and Usage

As part of GDPR, a whole range of data can now be categorized as personal data. Below is an extract from the regulation:

“Any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.”

All data collected and stored by CyberHostUK is provided to us voluntarily when you have consented to the use of your personal information in a particular way and only when it helps us to provide, update, and enhance the Services we provide to you.

  • Account Information - When customers sign up to our services or request support, we collect and store contact information such as name, email address, PayPal ID, payment details, products purchased, phone number and address and identifying data such as IP address which allows us to set up your account, process your payment and provide ongoing services and support. We may also use it to contact you with service-related announcements. It is also used to comply with applicable legal requirements, tax regulations and law enforcement requests.
  • Cookies & Analytics – We use Google Analytics (a web analytics tool provided by our partner Google) to helps us understand how you use and interact with our website and services to improve our services and provide you with a better experience on our website. When you visit our website or use our services, we may collect your IP address, device type, browser, the web page visited or search query typed before coming to our site, the pages on our sites you visit and for how long. Cookies may be used to identify you as a unique user and may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies. You can use tools within your browser to disable the use of these cookies should you wish.
  • Security – Personal data may also be used to identify security risks, detect fraud and diagnose problems.
If you do not provide the required personal information when requested, you may not be able to use our Services if that information is necessary to provide you with the service or if we are legally required to collect it.
It is important to note that a lot of the data we collect is aggregated or statistical and therefore not linked to any individual’s personal data.

Your Rights

If you are an European Union resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted.

You can view, update, change or delete personal information either directly in your account or by contacting us at admin@cyberhostuk.net. You can exercise your other rights (including deleting your Account in its entirety) by contacting us at the same email address.

You can also opt not to receive marketing communications by changing your preferences in your account or by following the unsubscribe instructions outlined in such communications.

Any data you delete or request us to delete from our servers will be deleted as quickly as possible but may exist in backups until these are naturally overwritten.

Please note that, for technical reasons, there is likely to be a delay in deleting your personal Information from our systems when you ask us to delete it. We will retain personal Information in order to comply with the law, protect our and others’ rights, resolve disputes or enforce our legal terms or policies, to the extent permitted under applicable law. This includes accountancy and product details which will be held for as long as is reasonably required but will be destroyed as soon as possible.

Many customers return to us even after their Account has become inactive so we will not immediately delete the personal information when the service is cancelled. Instead we will retain this personal information for a reasonable period of time to allow customers to pick up from where they left off and re-activate their account with ease.

Order Forms

Our site uses a secure encrypted Billing platform and order form for customers to request services. (256-bit encryption). To process payments we are required to transmit your personal information via an encrypted connection to our payment processor, PayPal.

Security

While no online service can be guaranteed to be 100% secure, we work very hard to protect your information. This includes using strong SSL encryption across our entire website and Billing System to ensure your privacy.

We maintain administrative, technical and physical safeguards that are intended to appropriately protect against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse and any other unlawful form of processing of, the personal information in our possession.
All technical staff have access to data stored on our servers, though this access is limited to those members of staff who require access for their job function. Any staff who do not need to access our servers to perform their role, will not have access to your data. Any staff with access are subject to our own internal data protection policies and procedures and are fully committed to protecting your data.
To enhance the security of your account, we encourage you to observe good security best practices with your account information, such as choosing strong passwords, changing these regularly and not sharing them with anyone else.

Per Article 32 of the General Data Protection Regulations (GDPR), it should be noted that the responsibility to take backups is also that of the data controller, and as such, we strongly recommend that our customers take care to implement their own backup processes.

Trusted Third Parties

We do not sell our customers’ private personal information. We may share some limited personal data with trusted third-party service providers but only in order for them to provide services on our behalf.

Third Party Data Processors used by CyberHostUK include:

  • PayPal (Europe) - securely process credit/debit card and PayPal payments
  • cPanel Inc – Control Panel software to manage customer accounts. Occasional access may be required for them to resolve issues with their control panel software as installed on our server
  • ClientExec LLC – Customer Relationship Management & Billing software to store customer account details. Occasional access may be required for them to resolve issues with their software as installed on our server
  • eNom LLC – Account information needed for the provisioning of domain name
  • 123-Reg Limited – Account information needed for the provisioning of domain names
  • Google Analytics – Web analytics tool to monitor traffic to our site and allow us to improve our website, services and product offerings
  • Amazon Web Services (AWS) – Off-site storage of backups within Amazon’s secure EU data centres
These third parties are subject to strict data processing terms and conditions and cannot use, share or retain your personal data without your consent or for any purpose other than as they have been specifically contracted for.

Our website contain links to third-party websites. We are not responsible for the privacy practices or the content of any third-party site. Please be sure to read the privacy policy of any website you visit.

Communication

We may contact you regarding products or services you have purchased from us to deliver transactional or service-related information. This may, on occasion, extend to offers for additional services you may find valuable if you give us consent, or where permitted based upon legitimate interests. No consent needs to be provided as a condition to purchase our goods or services.

Notification of breaches and Copmliance

If we become aware of a data breach affecting the data that you store with us, we will inform you immediately and work with you to take the appropriate action.

We fully cooperate with government and law enforcement officials to enforce and comply with the law. We will disclose any information about you as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect our property and rights, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.

Updates to our Privacy Policy

We reserve the right to update this Privacy Policy from time to time to reflect changes in technology, law, our business operations or any other reason we determine is necessary or appropriate.  Please be assured that we will notify you if we make material changes to it or the ways we process personal information.  This will be either by prominently posting a notice of the changes on our website before they are introduced or by contacting you directly.  Despite this, we highly recommend you periodically review our Privacy Policy in case of any changes since your last visit.

Contacting Us 

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: admin@cyberhostuk.net.

Last Updated: May 2018

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