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Terms and Conditions.

It’s important that you read these terms, as doing so will allow you to have
a clear understanding of your position in relation to Webgeria.

This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). 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. “We”, “us” and “our” refer to Webgeria., as well as its subsidiaries and sister companies (“Webgeria”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Webgeria. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Webgeria service(s) or products or to cancel Your Webgeria service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Webgeria’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.

User Obligations 

Represent and warrant to Webgeria that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Webgeria shall not be used in connection with any illegal activity. You expressly (i) grant to Webgeria a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by Webgeria under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.

Network Interruptions / Downtime

Webgeria will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Webgeria be liable to You for any damages resulting from or related to any failure or delay of Webgeria in providing access to the Internet under this Agreement. In no event shall Webgeria be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Webgeria under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder within a given month and would be first subject to those terms outlined within our ‘Service Level Agreement’. The terms of this Section will survive the termination of this Agreement.

Accounts

This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Webgeria account may not be transferred without prior written approval from Webgeria

IP Addresses

Webgeria assigns to You an Internet Protocol (“IP”) address in connection with Your use of the Webgeria services. The right to use that IP address will remain with and belong only to Webgeria, and You will have no right to use that IP address except as allowed by Webgeria in its sole and absolute discretion.

 SSH Access

You may enable SSH access in Your account, or by contacting our Support team. Upon completion of said terms You will be granted Jail / Caged access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.

Prohibited Activities

By using any Services, provided by Webgeria You agree:

  • not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  • not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
  • not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
  • not to make, attempt or allow any unauthorized access to Webgeria website, servers, your own hosting account or the account of any other customers of Webgeria.
  • not to allow any remote code execution of malicious software through the hosting account provided by Webgeria.
  • not to cause denial of service attacks, port scans or other endangering and invasive procedures against Webgeria servers and facilities or the servers and facilities of other network hosts or Internet users.
  • not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
  • not to use Webgeria services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
  • not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
  • not to upload content or facilities which may render the service a virtual private network / proxy service for traffic tunnelling or networking
  • not to engage in or to instigate actions that cause harm to Webgeria or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Webgeria reserves the right to refuse service to anyone upon Our discretion. Any material that in Webgeria judgment, is either obscene or threatening is strictly prohibited and will be removed from Webgeria servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Webgeria will take corrective action upon our own discretion and will notify You. Webgeria decision in such case is binding and final, and cannot be a subject of a further change. Webgeria cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Webgeria or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 7 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Webgeria will not be liable for any loss or damages in such cases.
  • At its discretion, Webgeria can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

 Email and Anti-SPAM Policy

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 Webgeria. 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. Webgeria prohibits the following activities listed without limitation hereunder:

  • Usage of the Webgeria network and systems to receive replies to unsolicited mass e-mail messages.
  • Forgery of e-mail headers (i.e.”spoofing”).
  • Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
  • Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
  • Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
  • Hosting any web pages or providing any services that support spam.
  • Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
  • Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.

If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to 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 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 such activity whenever we deem necessary.

Resource Limitations

The shared hosting services offered by Webgeria Ltd comprise the provision of web space on our servers, enabling you to upload website pages and files for the purpose of website publishing.

The shared hosting services offered by Webgeria may be offered on an ‘unlimited’ basis in terms of server storage, or bandwidth for normal routine ‘non-file-distribution’ web usage. For websites that allow the downloading of video or audio files we reserve the right to impose a limit of ten (10) GB total per account.  In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:

  1. a)     Use more than 10% of our platform’s processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
  2. b)    run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
  3. c)     run any type of web spider or indexer
  4. d)    run any software that interfaces with an Internet Relay Chat network
  5. e)     run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
  6. f)     participate in any file-sharing/peer-to-peer activities
  7. g)    run any gaming servers or gaming related facilities
  8. h)     run entries or other scheduled tasks other than by configuring them through our control panel
  9. i)      give away web space under a domain (including Resellers giving away free websites)
  10. j)      operate a proxy website or service
  11. k)     as a remote file host for other websites
  12. l)      operate self-hosted file sync or similar “cloud storage” based services including (but not limited to) OwnCloud, Pydio and Sparkleshare.

You must not use the Hosting Services as a backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that fall within any of these terms without giving notice to you. All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, Bing, Yahoo and other large search engines. MySQL Databases may be limited to 1024 megabytes in size at our discretion. Databases in excess of this size may, only via prior consent be ran under our supervision.

For Hosting Accounts

Your use of the server resources shall not endanger the capacity and operation of the shared server. 

Any shared or reseller hosting service / account may use no more than the resources outlined against its package. Accounts that are deemed to exceed those resource limits (by examination of LVE faults or at the discretion of Webgeria) will be suspended pending further investigation. Where we deem necessary and within our discretion, we reserve the right to account removal, without guarantee of backup availability to ensure the stability of the service to others on the same shared server/environment. We may provide a ‘burstable’ allowance ahead of the resources available to the chosen package, which is provided solely at our discretion. We may on occasion burst the resources of a particular account to maintain stability of the service / server your account is hosted on. If we see excessive faults / usage against a particular account, we reserve the right to maintain suspension / removal on a permanent basis. In all cases of over usage, we will try to provide an alternative solution, which in most cases we incur an alternative charge or service, either by ourselves or a 3rd party recommendation.

For Resellers

As a reseller, you agree that you are bound to the above terms, and any other terms outlined within all sections of our Terms and Conditions.

Alongside these terms, you as a reseller agree not to:

  • Re-sell or offer for the use of third parties any part of our hosting services unless a specific reseller product has been purchased
  • not to access without authority, interfere with, damage or disrupt any part of the hosting service, any equipment or network used to provide the hosting services, any software used in the provision of the hosting services
  • suspended accounts / deactivated accounts may be removed at our discretion following 7 calendar days

You agree that it is your responsibility as the reseller of good housekeeping of the service offered to you. You agree that it is your responsibility to monitor, and delete files / accounts that are in breach of any of our outlined terms. It is within our discretion to terminate or remove a reseller account, should there be repeat attempts to breach the outlined terms and conditions without prior warning.

Whilst the quantity of accounts can be considered ‘unlimited’, we retain the right to impose limits in cases whereby the usage is deemed ‘excessive’, or is consuming more than 25% of the servers overall usage. In such cases, Webgeria will try to offer an alternative solution, by means of secondary or replacement products / upgrades.

Disk Usage Provision

The content on your website must be linked from an HTML or similarly coded web page with all content freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Your hosting account should consist mostly of html and php files.

Downloadable files, media, databases must comply with the following limitations:

  • A maximum of 5GB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files;
  • A maximum of 5GB of a shared hosting account can be allocated to any archive and disk image files containing the complete contents and structure of a data storage medium;
  • A maximum of 1GB of a shared hosting account can be allocated to databases and database dumps including but not limited to .sql files;
  • A maximum of 1GB of a shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program.

Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability. Under its sole discretion, Webgeria reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with Webgeria and shall be made in its reasonable discretion. Webgeria reserve the right to remove the following extensions without prior warning, and at its sole discretion – mp3, mp4, tar.gz, zip, .wpress, .jpa, .exe, wa

Backup Limitations

Any shared hosting account that uses more than 10GB of disk space or contains more than 200,000 inodes may be removed from our weekly or daily backups. Any user whose hosting account is using more than 10GB of disk space or contains more than 200,000 inodes is solely responsible for maintaining the copy of his/her account. Softaculous backups will be removed from the server and no copy will exist. Plugins used for backups may not store local backups within the account quota and may only be stored ‘offsite’ with an arranged cloud storage provider, such as Google Drive or S3. Any backups left on the system, or excessive backups retained may lead to account suspension or removal. 

The following extensions / files will be excluded from our backups:

*.swf

*.flv

*.exe

*.xen

*.iso

*.7z

*.tar

*.jpa

*.wpress

*.tar.gz

*.zip

*.mp4

*.mp3

*.wav

backup-*.tar.gz

cpmove-*.tar.gz

site-*.tar.gz

.MirrorSearch

*/com_akeeba/backup/*

*/backupbuddy_backups/*

*/.wysiwygPro_*

*/core.[0-9]*

public_html/cache/*

tmp/*

logs/*

.cagefs

.cagefs*

.cpan

.cpanel/caches

.cpanel/datastore

.cpcpan

.sqmailattach

.cpanel/*.sock

access-logs/*

*/error_log

public_ftp/*

softaculous_backups/*

*/wp-content/uploads/wpcf7_captcha/*

*/wp-content/widget-cache/*

*/wp-content/cache/*

*/wptsc-cachedir/*

mail/*/*/.Trash/*

mail/*/*/.Drafts/*

mail/.Drafts/*

mail/.Trash/*

The above extensions may on occasion also be removed from account storage automatically, to ensure stability / free storage capacity on any shared server /service. Automatic backups are only available where stated within the marketing collateral for that particular product. Unless otherwise stated, we will not retain backups (for example, VPS servers / dedicated servers). Our standard shared / reseller backup schedule is as follows:

  • 7 Daily Backups
  • 4 Weekly Backups

Backups are stored off-site, and are managed from within the hosting account. Whilst we will maintain every effort to ensure backups are complete and available, Webgeria cannot be held responsible where backup data is missing or corrupt. When an account is terminated / removed either by us or the reseller (either through purpose, or human error), we may hold backups of the removed account for a maximum 48 hours. The standard retention policy does not apply post-removal.

Email Services

You should use email and other related services in full compliance with the terms below:

In order to safeguard overall server performance, You may send and/or forward not more than the following number of emails, per hour per domain:

  • Infinity Cloud – 70
  • Infinity Cloud – Resource Boost – 150
  • Infinity Plus – 150
  • Our Elastic Cloud products may offer varying / increased sending limits.
  • For Shared Hosting accounts, email storage shall not exceed the 10GB limit.
  • For IMAP/POP3 mailboxes, You may perform up to 100 email checks per hour.
  • For POP3, You may perform up to 10 concurrent connections to email system per IP address on Shared and Reseller servers, and up to 20 concurrent connections to email system per IP address on Business and Email servers.
  • For IMAP, You may perform up to 30 concurrent connections to email system per IP address on Shared, Reseller, Business and Email servers.

Webgeria may, at its sole discretion, limit the volume of email messages You can deliver through our services. Webgeria may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send email through our services. Webgeria may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will Webgeria be liable to You or any other party for any indirect, special, economic or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.

Upgrade to VPS / Elastic Cloud

Each hosting account can be upgraded to a VPS (Virtual Private Server) or the Elastic Cloud. The upgrade is performed by Webgeria after You have paid the first month fee. The fee depends on the VPS type chosen by You and is non- refundable. Prorate amount for unused time of the shared hosting account will not be refunded, it will be added to Your account balance in the event of upgrade to VPS. Once the account is transferred to the VPS the Virtual hosting account is terminated and the new VPS account use is governed by the following terms. Certain situations may deem an upgrade to a VPS, in order to move an account, or service away from services or servers shared by others, such as excessive resource consumption.

IPv4 Usage Policy

Due to the exhaustion of the IPv4 address space we actively conserve IP address space by limiting the IP addresses each web hosting account can use. Shared hosting accounts may each use only 1 IP address. Reseller hosting accounts may use up to 10 IP addresses. The number of IPs that are included and the account may use up to are indicated in the plan specification. The IP address limit is per account, not a per customer basis. Customers may hold multiple accounts to get access to additional IP addresses. We strongly urge customers to only use IP addresses for essential use and we do require justification for usage. The provision of additional IP addresses will be chargable.

VPS Fair Usage

Use of Traffic (Bandwidth):

Your account monthly traffic may be limited in accordance with the VPS Type. The additional bandwidth is paid and applied on a monthly basis. The fee is non-refundable. If the monthly traffic limit is reached before the end of the month Your account will be suspended until the beginning of the next month.

Disk Space Usage:

Your account disk space is limited in accordance with the VPS Type. Up to 4 GB from the disc space is allocated to the VPS system files and this space cannot be used for storing Your content.

Additional Services:

The initial and renewal fees for each VPS include the number of IPs in accordance with VPS type. Additional IPs can be added to a VPS. In such a case Webgeria will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable.

You can order Additional RAM as extra features to Your VPS account(s). Webgeria will charge the appropriate fee for the additional RAM, depending on the amount of RAM ordered. The fee is applied and paid on a monthly basis. The fee is non-refundable. Renewal fee is due for the Additional RAM each month after the initial order, until the upgrade or the VPS account itself is cancelled. You are solely responsible to make the renewal payments in a timely manner. In case no renewal payment is received, Webgeria will remove the additional RAM or will suspend the whole VPS account until receiving additional RAM renewal payment.

VPS Servers are not included in r daily, or weekly backups. We strongly encourage you utilise a remote backup facility in the case of data-loss of corruption which may be irretrievable. Webgeria cannot be held liable for the loss of data within a VPS.

VPS Management

As part of our VPS products, we may include ‘management’, which is available in the following tiers:

  • Unmanaged: No assistant in software/server management included
  • Managed: Our management offering is ideal for those who are able to handle the day to day operations of your server, but would require occassional assistance. Our managed VPS option may be included as standard with your VPS purchase, but support / assistance will be limited to 1 hours monthly. Additional management hours can be purchased, or may be billed at the standard rate of £75+VAT per hour. The support team under a basic management plan will not access a server, and will provide only documentation or references to assist in terms of diagnosing any potentials issues within the server.
  • Fully Managed / Monitored: Our highest level of management allows us to provide full server administration with up to 3 hours of technical assistance / consultation monthly. We will also monitor your server pro-actively, via our Nagios / check_mk monitoring suite. Tasks will be carried out on request – urgent upgrades /patches will be carried out automatically. Monitoring levels will vary according to the scale of a project – Webgeria reserves the right to increase / decrease management costs in order to provide a bespoke support offering.

 Storage and Security

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your 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 server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Webgeria servers; and (iv) ensure the confidentiality of Your password. Webgeria services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Webgeria shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Webgeria are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Webgeria shall have no liability to You or any other person for Your use of Webgeria products and/or services in violation of these terms.

Transfer of Content

Webgeria provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Webgeria does not take responsibility for any faults in such software functioning. You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Webgeria. Your use of any third party software is at Your own risk. Webgeria cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Webgeria will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup unless otherwise agreed in writing.

Third Party Software

Webgeria provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Webgeria does not take responsibility for any faults in such software functioning. You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Webgeria. Your use of any third party software is at Your own risk. Webgeria cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Webgeria will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

Reservation of Rights

Webgeria explicitly reserves the right and sole discretion to:

(i) modify its pricing, if desired by Webgeria;

(ii) establish limits and guidelines concerning the use of Webgeria services and/or products;

(iii) terminate Your use of Webgeria services and/or products for use of Webgeria services and/or products to unnecessarily or illegally harass Webgeria or third parties, non-payment of fees for Webgeria services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Webgeria, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Webgeria determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of Webgeria services and/or products if Your use of Webgeria services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Webgeria or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and

(v) terminate Your use of Webgeria services and/or products at any time and for any reason if deemed reasonably necessary by Webgeria. Webgeria has no obligation to monitor Your use of Webgeria services and/or products, but reserves the right in its sole discretion to do so.

Right of Refusal. Webgeria has the right to refuse services to anyone at Our discretion.

 Limitation of Liability; Waiver and Release

The services offered by Webgeria are being provided on an “AS IS” and Webgeria expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Webgeria expressly does not warrant that Webgeria services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Webgeria shall create any warranty not expressly made herein.

You agree that Webgeria will not be liable for any

  1. a)   suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement;
  2. b)    interruption of business;
  3. c)   access delays or access interruptions to the website(s) provided through or by the Services;
  4. d)  loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification;
  5. e)  events beyond the control of Webgeria;
  6. f)   the processing of Your application for Services; or
  7. g)  loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.

Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. Webgeria has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that Webgeria has no obligation to back-up any data related to your website.

Legal Age

You attest that you are of legal age (18 or over) to enter into this Agreement.

Shared / Reseller / WordPress / Application Hosting:

Shared and reseller hosting accounts will be activated instantly upon receipt of payment. Once paid, our systems will automatically provision your account and will notify you of any relevant setup / information. Due to our fraud prevention systems – any order may be placed in a ‘Pending’ state awaiting confirmation / acceptance by management. This may cause delays and will prevent automatic creation of the shared hosting accounts mentioned above.

Website Maintenance / WeBuildAm:

Services apart from those on our shared hosting environments will be provisioned manually within 72 hours following receipt of first payment.

We are a reseller for Brixly Web Solution a Nominet Registrar and as such may provide you with a domain name via Nominet. Please be aware that by registering a .com domain name, you are bound by Nominet’s Terms and Conditions http://www.nominet.org.com/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration

All non-UK domains are provisioned through Webgeria’ registrar partner OpenSRS / Tucows Domains. As such we cannot guarantee the availability of a particular domain, however any charges incurred in the registration of a domain which is subsequently found to be unavailable will be refunded in full. Both UK and non-UK domains are provisioned through third-party registrars.

Please note that the registrars may reject the registration of a domain if invalid information is provided at the time of order. All TLDs and ccTLDs have differing validation requirements which are also subject to change. As such we are not responsible for the validation of such data and it is your responsibility to check that a domain registration has been completed by the receipt of a ‘domain registration confirmation’ email. In the unlikely event a domain is rejected by the registrar, you will not receive such an email and we would need to be alerted to investigate this with the registrar directly and process the registration manually.

A Webgeria WeMaintainAm Account refers to a user account created with Webgeria.com. These services (WeMaintainAm) include a website fixing service (Site Tasks), a backup service (Backups), a monitoring service (Monitoring) and health checks (Health Checks). Webgeria’s WeMaintainAm Services are added on a per-site basis. WeMaintainAm Services may be changed or adjusted from time to time.

The Customer refers to a user of Webgeria’s WeMaintainAm who utilises any Webgeria’s WeMaintainAm Services or creates a Webgeria’s WeMaintainAm Account. Customers include both Site Owners and Delegates (Site Contacts).

Acceptance

These terms and conditions outline the relationship between Webgeria.com and the Customer. It contains the agreement under which both parties agree to interact and must be read prior to utilising any Webgeria’s WeMaintainAm Services. Initiating various Webgeria’s WeMaintainAm features, such as starting a subscription or adding backups, requires an opt-in acceptance of these terms and conditions. Acceptance of terms applies to the whole Webgeria’s WeMaintainAm account. Agreeing to terms for one site shall imply acceptance of terms for all other sites.

Account Creation and Security

The Customer is solely responsible for the security of their own account. Webgeria’s WeMaintainAm authentication, which links a number of providers such as Google, Facebook, Twitter and Github, as well as email, is handled directly by Google Firebase Auth. Webgeria’s WeMaintainAm will never have access to login credentials with external authentication providers. The Customer is entirely liable for all activities conducted and charges incurred under the Customer’s Webgeria’s WeMaintainAm Account. The Customer should inform Webgeria’s WeMaintainAm immediately if they are aware of any unauthorised use of the Webgeria’s WeMaintainAm Services or of the Webgeria’s WeMaintainAm Account.

A Customer Account is for one individual only and cannot be transferred to another party. Webgeria’s WeMaintainAm includes provision for the creation of additional website delegates and owners which should be used when adding additional contacts to a website. When adding a delegate or site owner the Customer understands the access they are giving, and will not hold Webgeria.com liable for any activity undertaken by a site delegate on their Website. Site delegates are separately party to this agreement through their sign up for a Webgeria’s WeMaintainAm Account. If Webgeria detects that a single account is being used by multiple customers it may choose to terminate this agreement and the Customer’s Webgeria’s WeMaintainAm Account. Under GDPR regulations the Customer has a right to request removal of all their personal data and information from our servers. This can be done by raising an enquiry through the FixWebgeria’s WeMaintainAmed Account under My Tasks.

Note that this will immediately and irrevocably remove all the Customer’s data and backups from the Webgeria’s WeMaintainAm servers.

For information on data security please see the separate privacy policy.

Websites

Websites can be added to the Webgeria’s WeMaintainAm Account. Adding a website does not give Fixed any special access to a site, but may automatically enable features such as Monitoring or Health Checks. These free Webgeria’s WeMaintainAm Services are provided with no warranty of any kind and should be taken as-is.

Login access and data for each website can be added through the Site Secrets function. This encrypts data in the Webgeria’s WeMaintainAm database and logs access for the Customer and Webgeria’s WeMaintainAm staff. Conversely, if Webgeria’s WeMaintainAm needs to provide the Customer with any secure information it shall be provided in the form of Site Data.

The Customer warrants that they have authority to add and manage the Websites in their Webgeria’s WeMaintainAm Account; that they either own the Website themselves and/or that they have the authority to add the Website to their Webgeria’s WeMaintainAm Account and utilise Webgeria’s WeMaintainAm Services on behalf of the Website owner. The Customer also warrants that any data or files provided to Webgeria’s WeMaintainAm belong to the Customer or that they have a right to use it, and that it is legal under English law. They shall obtain all necessary licenses, waivers and consents required for the use of the Webgeria’s WeMaintainAm Services and the material provided. Breach of this clause may result in immediate suspension of the Customer account.

Multisites: are two or more distinct websites that run from a single codebase or web hosting area. A Multisite may be refused at the discretion of Webgeria’s WeMaintainAm, or required to be added as multiple websites.

Websites that share the same codebase and show the same content (e.g. aliases) are seen as one website, whereas visibly independent sites that run from the same web-space or codebase are seen as independent websites. 

Websites can be individually removed from Webgeria’s WeMaintainAm. This will end all Webgeria’s WeMaintainAm Services for that Website and remove records of historic activity.

Website Subscription

Subscriptions are on a per-site basis. Subscriptions add Webgeria’s WeMaintainAm Services to the corresponding website, including regular updates, the ability to create unlimited Site Tasks with no further charge, Backups, Restores and Monitoring. Exact subscription features are detailed on the Webgeria’s WeMaintainAm section of the webgeria.com website and subject to change from time to time. Subscription features may vary from website to website at the discretion of Webgeria’s WeMaintainAm and the Customer. Further benefits and limitations of the Webgeria’s WeMaintainAm subscriptions are detailed below. Subscriptions are offered either on a monthly-rolling or yearly-rolling basis, in which payment is made up-front for the corresponding period. These subscriptions offer substantial discounts over one-off payments and therefore no pro-rata discounts are given when cancelling before the expiry of the full term. Subscriptions are renewed automatically and charged to the payment source added on file in the Webgeria’s WeMaintainAm Account. Subscriptions have no notice period and may be cancelled at any time in the Webgeria’s WeMaintainAm Account, leading up to 11.59pm on the day before renewal. Once a subscription renews, the Customer can cancel the renewal within 14 days of the renewal date and will be entitled to receive a full refund. After such 14-day period, the transaction is not reversible.

Except where permitted by our money back guarantee, Webgeria’s WeMaintainAm does not offer subscription refunds.

One-off Charges:

In lieu of a subscription, individual Webgeria’s WeMaintainAm Services may be paid for on an ad-hoc basis. For example, payment for a one-off Site Task or Backup Restore. Ad Hoc payment is priced at a premium to Webgeria’s WeMaintainAm Subscriptions. Pricing can be found on the Webgeria’s WeMaintainAm page on the webgeria.com and is subject to change from time to time. Payment must be made in advance of service being provided. If a Site Task is refused or cancelled before work commences, a full refund shall be made to the payment source. Whether a Site Task has or has not been completed is at the discretion of Webgeria’s WeMaintainAm.

Tax

Webgeria’s WeMaintainAm charges sales tax (VAT) as required by UK and European law as understood and interpreted by Webgeria’s WeMaintainAm. Taxes and fees are included within all Webgeria’s WeMaintainAm quoted pricing. Tax invoices can be viewed and downloaded in the Webgeria’s WeMaintainAm Client Area. Tax rates and conditions may change from time to time.

Payment Providers

Webgeria.com does not store payment information. A third party payment provider securely stores all card data and provides Webgeria.com with a token. Webgeria’s WeMaintainAm can automatically charge against this token under the Continuous Payment Authority (CPA) in accordance with the terms of the Customer’s subscription. Webgeria’s WeMaintainAm shall notify the Customer when the payment will be taken, the subscription period if applicable, and the amount to be taken. The Customer can manage payment methods in their Webgeria’s WeMaintainAm Account. The Customer accepts that removing card details may result in their Services not renewing and being terminated in the event that a renewal payment is not made. The Customer may change their account currency if permitted by Webgeria.com. Conversions are handled at a rate set by Webgeria.com. 

Credit

Webgeria.com may offer Account Credit or Vouchers to customers. This is entirely at the discretion of Webgeria.com. Account credit can be used as a voucher to discount the price of Webgeria’s WeMaintainAm Services. Account Credit has no monetary value and cannot be refunded, withdrawn, transferred to another user, or redeemed for cash. Account Credit will automatically be used for the payment of any services including renewals, in advance of a payment method being charged.

If a payment due is higher than the Account Credit balance, a payment method shall be charged for the remainder. Invoices shall not be marked as settled and resulting work will not commence until fully paid.

Chargebacks

Chargebacks occur when a card issuer is informed that a transaction was fraudulent or disputed. This forces a refund to the Customer card and a charge to the merchant (Webgeria.com). A chargeback will result in immediate suspension of the corresponding Webgeria’s WeMaintainAm Services and may result in suspension or termination of the entire Webgeria’s WeMaintainAm Account, at the sole discretion of Wegeria.com. Webgeria.com will require repayment of any charged back invoices and will issue an additional chargeback fee of £50 ($80), regardless of whether the Customer remains a client of Webgeria’s WeMaintainAm.

Website Maintenance & Fixing Services

Site Tasks are offered either on a one-off basis or as part of a subscription. Tasks that Webgeria offers are categorised. This category must be selected when adding a task (a Site Task Request). This category listing is subject to change at the discretion of Webgeria.com. If Webgeria.com deems a Site Task Request to be incorrectly categorised, Webgeria’s WeMaintainAm may adjust the category accordingly or refuse the Site Task Request. A Site Task Request may specify a custom task or enquiry. Custom Task Requests may be accepted or declined at the discretion of Webgeria.com. When judging whether Webgeria’s WeMaintainAm can or cannot perform a Custom Task Request, Webgeria’s WeMaintainAm will follow the guidelines outlined in the Webgeria’s WeMaintainAm Service Commitment, which is subject to change at the discretion of Webgeria.com. In general, Site Tasks are those which might feasibly be performed by an in-house IT team, rather than a contracted website development and design agency. Webgeria.com alone has the ultimate say in whether or not a Site Task Request, both custom or categorised, is accepted or declined. Webgeria.com reserves the right to refuse a Customer’s request and will provide written reasons for doing so on request by the Customer. Each individual Webgeria’s WeMaintainAm Task Request must be submitted as a separate task and categorised accordingly. Webgeria’s WeMaintainAm Tasks Requests should not be duplicated. Multiple Webgeria’s WeMaintainAm Tasks Requests may be added at once, though Webgeria’s WeMaintainAm may put some on hold to avoid conflicts and/or duplication. Site Tasks must correspond to the website under which they are created. Before using any Webgeria’s WeMaintainAm services the Customer should ensure that they have backups of their website. Webgeria’s WeMaintainAm will attempt to backup every website before a Site Task is attempted but Webgeria’s WeMaintainAm cannot guarantee that they have sufficient access or that this backup will be successful. The Customer should always keep their own local backups as a fallback.

The Customer is aware that there are sometimes tasks it would be impossible for anyone to fix. For example, sometimes a site may be irretrievably broken, some features may simply be incompatible with either other features or the hosting environment, the website may be encoded, or Webgeria’s WeMaintainAm may not have sufficient access in order to enact a fix. Therefore, Webgeria’s WeMaintainAm may offer advice or alternative solutions rather than providing a direct fix.

 Best Effort Service

  1. a)  All Webgeria’s WeMaintainAm Services are a best effort service. Webgeria’s WeMaintainAm cannot guarantee that any Webgeria’s WeMaintainAm fix will be error free.
  2. b)  Webgeria’s WeMaintainAm will always be provided with reasonable care and skill. However, Webgeria’s WeMaintainAm gives no warranty that the Webgeria’s WeMaintainAm Services will meet the Customer’s requirements, or that they will be complete, current, to the Customer’s expectation, or provided in an error-free way.
  3. c)  Webgeria’s.com will use best efforts to provide the Webgeria’s WeMaintainAm Services within an agreed or expected timescale. However, Webgeria.com will not be liable to the Customer where a timescale is not met.
  4. d)  Webgeria’s WeMaintainAm Service is not responsible for work done by third parties or for software or plugins. Webgeria’s WeMaintainAm Service has no control over third parties including website hosts, software and plugin developers, web browsers, email clients, domain name registrars or search engines.

 Indemnification

The Customer acknowledges that Webgeria’s WeMaintainAm Service has no obligation to:

 

  • Train the Customer or the Customer’s employee, agent or subcontractor on use of the Services;
  • Manipulate in any way any material which the Customer wishes to and/or does post on any web site or other system or any communication it wishes to send via or in relation to the Services; or
  • Validate, vet or edit such material for usability, legality, content or correctness.

Each party shall fully indemnify and hold Webgeria’s WeMaintainAm and the other party, its associated companies, employees, officers, agents and partners harmless from and against any action, demand, cost (on a full indemnity basis) losses, penalty, damage, liability claim or expense (including reasonable legal fees) whatsoever incurred by the indemnified party and arising from the indemnifying party’s breach of the Agreement, negligence or other default; The Customer’s indemnity shall also include; the operation or break down or any IT system owned or used by the Customer; or the Customer’s use of misuse of the Services.

 Liability

This clause outlines the entire liability of Webgeria.com (including any liability for the acts of employees, consultants, contractors and authorised representatives) to the Customer in relation to the agreement.

This does not exclude Webgeria.com’s liability for death or personal injury caused by the negligence of Webgeria.com, fraud, or a breach of section 12 of the Sale of Goods Act 1979. Webgeria’s WeMaintainAm Service is not responsible for loss of profits or loss of use, or for any special, indirect, incidental, punitive or consequential losses (of revenue, profit, goodwill, opportunity, or business), damages or costs. If the Customer is unsatisfied with the service they have received, they may be able to request a refund under the Webgeria’s WeMaintainAm Money Back Guarantee which is subject to change from time to time. The maximum aggregate liability of Webgeria’s WeMaintainAm Service shall not exceed one and a quarter times the amount paid relating to that website to Webgeria.com by that Customer in the 12 month period preceding the incident giving rise to the claim.

The Customer accepts that the allocation of risk under the Agreement is a fair reflection of the nature of the Services and the level of the Fees charged for the Services.

 Termination

Webgeria.com may at any point terminate the contract. If the contract is terminated partway through the month, Webgeria.com will refund the pro rata remainder to the Customer’s payment method within 30 days.

The Customer acknowledges and accepts that it will not own or acquire any Intellectual Property Rights in or relating to the Services or created in performing the Services and that it will have no rights in or to the Services other than the rights expressly granted in the Agreement.

The Customer will indemnify and keep Webgeria.com indemnified from and against all reasonable costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, losses, damages, claims, demands, reasonable legal costs and judgments which Webgeria.com incurs or suffers as a consequence of infringement of any Intellectual Property Right of any third party arising directly or indirectly from the provision by Webgeria’s WeMaintainAm of Services making use of information or specifications supplied by the Customer; the Customer’s failure to procure all necessary rights from third parties which are from time to time required in order for Webgeria.com to be able legally to provide the Services; or the use by Webgeria.com in connection with the Agreement of the Customer System and the Customer Materials.

Miscellaneous

The illegality, invalidity or unenforceability of any provision of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any court or competent authority to be illegal, invalid or unenforceable, the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable. No variation or amendment to the Agreement (including any Order Confirmation) is effective unless confirmed in writing between parties.

The Agreement shall be construed in accordance with and governed by English Law. The English courts shall have exclusive jurisdiction over any disputes arising out of or related to the Agreement.

Assignment

The Customer may not assign the benefit or delegate the burden of the Agreement nor sub-license any of its rights under the Agreement (including to its Associated Company) without the prior written consent of Webgeria.com. Any consent provided by Webgeria.com under this clause is given on condition that the assignee or licensee, as the case may be, agrees to comply with the terms of the Agreement as if they were the Customer and that the Customer guarantees the assignee’s or licensee’s performance as applicable. Webgeria.com may sub-contract or assign any or all of its rights under the Agreement.

If you are a registered customer and have access to our Client Area (https://Webgeria.com/clients) then the fastest way to get in touch is by logging in and browsing to ‘Open Ticket’ – from here, you will be able to open a ticket to the department most suitable for your enquiry.

If you would like to contact us but do not have access to the client area (either because you are not yet a customer, or because you are locked out for any reason) then you can contact us via any of the following methods…

Chat 24/7: Just click on the chat icon on the bottom left or top right corner of the website and follow the prompt.

General Enquiries: people@webgeria.com

Report Abuse / Abuse Response: abuse@webgeria.com

Complaints: complaints@webgeria.com

Emails will be responded to within 48 hours.

For any of the above – you may also contact us by phone on 0000000000000000

Please note that complaints should be provided in writing to complaints@webgeria.com – a confirmation of receipt will be provided within 1 working day.

Escalating Complaints:

If you are unhappy with the outcome of your complaint, you may ask for this to be reviewed or to receive a second opinion. This will then be reviewed by another senior member of the team.

Domain Name / Registrar Complaints:

Please use complaints@webgeria.com to contact us for any domain name related queries you may have, including complaints and instances of domain name abuse, you should expect to receive a response within 1 working day.

You are also able to make a formal complaint about a registrar to Nominet (the .com registry) here: http://www.nominet.com/resources/complaints

The objective of this SLA is to document the availability of the Service that Webgeria  is to achieve. This does not constitute any additional liability to Webgeria, but instead a self-assumed obligation towards the Client. Under the conditions below Webgeria offers to pay the Client service credits if the availability defined below is not met. Webgeria shall guarantee the availability will be 100% in any calendar month, subject to exclusions as defined below.

If Webgeria fails to meet this guarantee a credit shall be available to the Client as defined below.

The availability calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by:

  1. a)  Outage periods due to any cause other than faults by Webgeria, including faults or negligence of the Client or problems associated with equipment connected on the Client’s side of Webgeria delivery point,
  1. b)  In case that the Client’s equipment should cause negative effects on the performance, quality and/or operation of the Webgeria Network, Webgeria will proceed to disconnect the link, for benefit of the rest of users of the Webgeria Network. This disconnection won’t be cause of penalty under the SLA. Webgeria will notify the Client as soon as possible about this issue in order for the Client to repair the problems.
  2. c)  Outage periods reported by the Client in which no fault is observed or confirmed by Webgeria,
  3. d)  Any fault period during which service is suspended under provision in this Agreement,
  4. e)  The Client requesting Webgeria to upgrade the capacity of the service, if this operation results in an outage.
  5. f)   During Scheduled Maintenance affecting the Services as defined above.
  6. g)  Performance degradations and service loss due to Denial Of Service attacks or other unlawful attacks generated inside the Client’s network or executed against users inside the Client’s network or the Client network infrastructure, will be excluded from SLA calculation as it is within the Client’s responsibility to put in place the relevant protection mechanisms inside its network to protect itself and its clients.

Neither Party will be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented by the occurrence of a Force Majeure Event. No commitment from Webgeria applies in case of Force Majeure.

Should the Client not have access to the Services as defined above, Webgeria shall credit the client as follows:

  1. a)     <100% and > 99.8% = 5% monthly credit
  2. b)    95% to 99.8% = 10% monthly credit
  3. c)     90% to 94.9% = 25% monthly credit
  4. d)    60% to 89.9% = 40% monthly credit
  5. e)     < 60% = Pro-rata up to a maximum of 100% monthly credit

The credit applies to the contracted service. The Client shall not be entitled to any credits under this SLA if any payment of the price for the Services is overdue under the terms of this Agreement. The credit shall be made for the element of the Services that were not available, it will not be made for the whole service. (E.G. If a dedicated server and backup service are ordered, but the backup service is not available for a period of time, the credit will be calculated based on the price of the backup service, not the combined price of the dedicated server and backup service.) Any credit is subject to the Client notifying Webgeria within 7 days in writing. This Client agrees the service credits due under this SLA are its sole remedy against Webgeria for any non-availability of the Services.