Effective Date: 24/12/2017
SpeedoServers.com is the e-commerce website and the property of WebHost Systems Ltd.
This WebHost Systems Ltd / SpeedoServers.com Email Terms of Service agreement (“Agreement”) is elaborated and may be reviewed from time to time in order to set forth the rules and conditions of Your use of the WebHost Systems Ltd / SpeedoServers.com Email powered by Open-Xchange (“Services”) delivered by WebHost Systems Ltd / SpeedoServers.com. In this Agreement “You” and “Your” refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. By using the Services, You acknowledge and covenant to abide by the below terms and conditions, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Hosting Terms of Service and Acceptable Use Policy posted in the Legal section of WebHost Systems Ltd / SpeedoServers.com web site. All such guidelines or rules are hereby incorporated by reference into the Agreement. Your continued use of the Services constitutes Your agreement to all such terms, conditions and notices.
You expressly understand that the Services require to be linked to a domain name to be operational. By purchasing Services You imply that the associated domain name belongs to You or You possess the domain access rights. When You purchase an Services subscription for a domain name not registered with WebHost Systems Ltd / SpeedoServers.com You have forty-eight (48) hours to confirm yourself to be the owner of the domain. If ownership is not asserted within these time frames, the newly purchased product will be canceled with an automatic refund to Your WebHost Systems Ltd / SpeedoServers.com account balance. We may render assistance with the Services account start-up if a corresponding timely request is submitted to the Hosting – WebHost Systems Ltd / SpeedoServers.com Email Support department.
You acknowledge that WebHost Systems Ltd / SpeedoServers.com may introduce general practices and limits toward use of the Service, including but not limited to the maximum number of days that email messages are retained by the Service, the email outgoing and incoming restrictions, the maximum size of an email message or file attachment that may be sent from or received by an account, the maximum disk space that will be allotted to You on WebHost Systems Ltd / SpeedoServers.com servers. You agree that WebHost Systems Ltd / SpeedoServers.com is not responsible or liable for the deletion or failure to store any messages or other communications received or transmitted using the Services. You further acknowledge that WebHost Systems Ltd / SpeedoServers.com retains the right to change these general including but not limited practices and limits at any time in accordance with the ‘Modification Terms’ section of this Agreement below.
Each of Your email accounts is limited in its allocated resources (including but not limited to email and file storage) in accordance with the subscription plan.
Depending on the time of service Your account is limited in the outgoing emails to 500 emails per hour. We may decrease this limit, at Our sole discretion, if your account confidence should be confirmed. The following limits apply to additional services: Maximum number of calendar appointments 100,000; maximum number of tasks 10,000; maximum number of contacts in address book 100,000; maximum number of files in drive 100,000; maximum number of personal information manager attachments (i.e. tasks, appointments, etc.) 100,000.
You are responsible for security of Your password. WebHost Systems Ltd / SpeedoServers.com will not change passwords to any account without proof of identification, which is satisfactory to WebHost Systems Ltd / SpeedoServers.com, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that WebHost Systems Ltd / SpeedoServers.com will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will WebHost Systems Ltd / SpeedoServers.com be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless WebHost Systems Ltd / SpeedoServers.com from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to WebHost Systems Ltd / SpeedoServers.com you should take all due precautions to provide any sensitive information over a secure communication channel.
At all times, You shall bear full risk of loss and damage to Your email account and all of Your content. You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password) and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your content transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) ensure the security, confidentiality and integrity of Your email content transmitted through or stored on WebHost Systems Ltd / SpeedoServers.com servers; and (iii) ensure the confidentiality of Your password. WebHost Systems Ltd / SpeedoServers.com shall have no liability to You or any other person for Your use of WebHost Systems Ltd / SpeedoServers.com products and/or services in violation of these terms.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted to You or by You through the Services, are the sole responsibility of the person from whom such Content originated. This means that You are entirely responsible for all Content You upload, email, transmit or otherwise make available via the Services.
WebHost Systems Ltd / SpeedoServers.com shall exercise no control over the content transmitted via the Services and, as such, does not guarantee or accept responsibility for its accuracy, integrity or quality. You understand that by using the Services, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will WebHost Systems Ltd / SpeedoServers.com be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content uploaded, emailed, transmitted or otherwise made available via the Services. WebHost Systems Ltd / SpeedoServers.com has no obligation to monitor the content transmitted via the Services.
WebHost Systems Ltd / SpeedoServers.com servers of Service are backed up daily and are stored for 5 days. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration and internal purposes only. It is Your responsibility to maintain local copies of Your account content and information. If loss of data occurs due to an error of WebHost Systems Ltd / SpeedoServers.com, We will attempt to recover the data for no charge. If data loss occurs due to Your negligence in securing Your account or by any other Your action, WebHost Systems Ltd / SpeedoServers.com may attempt to recover the data from the most recent archive for a $15.00 fee.
By using the Services You acknowledge You are bound to perform contractual obligations deriving from this Agreement and follow generally accepted rules of “Netiquette”. We may take preventative or corrective actions, at Our sole discretion, in response to any of the activities described in this WebHost Systems Ltd / SpeedoServers.com Email Terms of Service agreement, along with any activities that contradict the spirit of this NE TOS or the nature of the Internet as an open, efficient method of communicating and conducting business.
By using any Services, provided by WebHost Systems Ltd / SpeedoServers.com You agree not to misuse the Services. For example, you must not and must not attempt to:
Normal operation and provision of the Services does not imply WebHost Systems Ltd / SpeedoServers.com interfering or monitoring of the content associated with the Services, but You acknowledge that WebHost Systems Ltd / SpeedoServers.com has the right (but not the obligation) in Our sole discretion to refuse, delete or move any such email, file, or associated content that is available via the Services if it violates the Agreement or is deemed by WebHost Systems Ltd / SpeedoServers.com, in its sole discretion, to be otherwise objectionable.
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to WebHost Systems Ltd / SpeedoServers.com. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. WebHost Systems Ltd / SpeedoServers.com prohibits the following activities listed without limitation hereunder:
If We determine any facts constituting that You have deliberately or recklessly used Our Services for sending of SPAM e-mail messages, We reserve the right to terminate Your account and/or assess a $500 charge upon Your account, which shall serve to compensate Us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity, We may assess the fee entirely at Our full discretion. The fee will be charged to Your account, in accordance with the payment information submitted by You as part of Your acquisition of Our Services. You further agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity We may share information regarding Your activities, including but not limited to Your identity, with the various anti-SPAM organizations and/or blacklists. We take all SPAM issues extremely seriously and will take redress of such activity whenever We deem necessary.
Your billing date will be determined based on the day You purchased the Services and the payment cycle plan. If You selected the automatic renewal option when signing up, WebHost Systems Ltd / SpeedoServers.com will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at then current WebHost Systems Ltd / SpeedoServers.com rates.
All fees for the Services shall be in accordance with WebHost Systems Ltd / SpeedoServers.com fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Renewal fees after the initial term shall be due and owing immediately upon the first day of such renewal period. Overdue balance shall lead to Your email account lock and, as a result, access to the Services will be limited.
Prior to the expiration date of the Services, You will have the option to renew Your subscription using WebHost Systems Ltd / SpeedoServers.com’s automated processing system. WebHost Systems Ltd / SpeedoServers.com will notify You several times that the Services are about to expire. These emails include the renewal instructions and are sent to the email address stored in Your account contact details. WebHost Systems Ltd / SpeedoServers.com shall not be held responsible or liable in the event You fail to take the necessary steps to renew the Service, if the provided email address is erroneous or out of date, and/or if You fail to receive the Services expiration notification. You shall assume sole responsibility for renewing Your Services. If the automatic renewal feature is enabled for Your subscription, WebHost Systems Ltd / SpeedoServers.com will try to renew Your Services 30 days prior to the renewal date and will take payment in accordance with the designated payment method at then current WebHost Systems Ltd / SpeedoServers.com rates.
If the outstanding balance is not paid by You within 30 days after the billing date of Your Service WebHost Systems Ltd / SpeedoServers.com reserves the right to terminate Your Service with automatic deletion of Your account content. In order to reactivate the Service the outstanding balance is to be remitted in full. There will be a $15.00 fee to reinstate accounts that have passed grace or redemption periods or been terminated.
WebHost Systems Ltd / SpeedoServers.com shall guarantee that the reinstated account data will be uncorrupted or at least reflect the latest changes as the backup provision and restoration are governed by section ‘Backups’ of this Agreement.
For closed accounts there is a £15.00 per incident charge for all inquiries regarding previous Services and/or support. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You.
If You improperly charge back for the Services rendered, We may disable the ability to transfer any other Your WebHost Systems Ltd / SpeedoServers.com services away from WebHost Systems Ltd / SpeedoServers.com.
The initial term of Your Agreement with WebHost Systems Ltd / SpeedoServers.com shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, if You selected the automatic renewal option when signing up, Your agreement with WebHost Systems Ltd / SpeedoServers.com shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or canceled by either party.
This Agreement may be terminated: (i) by You by submitting a cancellation request via the Help-desk support system at least three (3) working days before the Service is due to renew; or (ii) by WebHost Systems Ltd / SpeedoServers.com at any time, without prior notice and all payments forfeited, if, in Our judgment, You are in violation of any terms or conditions herein; or (iii) in Our sole judgment, Your use of the Services places or is likely to place unreasonable demands upon WebHost Systems Ltd / SpeedoServers.com or could disrupt WebHost Systems Ltd / SpeedoServers.com business operations; or (iv) by WebHost Systems Ltd / SpeedoServers.com if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and WebHost Systems Ltd / SpeedoServers.com.
In the event of termination or suspension of Services under the above circumstances, You agree (a) that no prepaid fees will be refunded to You; and (b) that WebHost Systems Ltd / SpeedoServers.com may take control of any domain name associated with the terminated Services, provided such domain name was registered through WebHost Systems Ltd / SpeedoServers.com domain name registration.
In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including any reasonable costs WebHost Systems Ltd / SpeedoServers.com incurs in closing Your account. You agree to pay any and all costs incurred by WebHost Systems Ltd / SpeedoServers.com in enforcing Your compliance with this Section. Upon termination, You shall destroy any copy of the materials licensed to You hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, WebHost Systems Ltd / SpeedoServers.com may delete all information related to You on the Services.
The refund provisions are not applicable to purchases of the Services due to the free trial periods. Free trial subscriptions are granted for the period specified in Your subscription plan specification.
WebHost Systems Ltd / SpeedoServers.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. You agree to be bound by any changes WebHost Systems Ltd / SpeedoServers.com may reasonably make to this Agreement when such changes are made. If You have purchased Services from WebHost Systems Ltd / SpeedoServers.com, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, You agree to abide by and be bound by any such revisions or changes. You agree that WebHost Systems Ltd / SpeedoServers.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.
WEBHOST SYSTEMS LTD