TERMS AND CONDITIONS

Terms of Service : Magento hosting

 

Our Magento hosting has been specifically tailored to offer the best value Magetno specific hosting environment possible.

 

This agreement is made between Dx3webs and the Client.

 

Applications.

Our shared hosting packages are for the specific application as purchased eg Wordpress, Magento. Each package is for a single installation of that application. No additional content is to be installed without seeking consent.

 

Email.

Our magento web servers are not intended to be used for email purposes above and beyond the normal transactional email produced and delivered by magento. The web servers will not be used to send any other email.  We are happy to provide 3rd party email services for all our clients either free or as part of a value added service.

 

If you are not sure if your actions will be in violation, please ask first: info@dx3webs.com.

 

Bandwidth.

In the case of your site exceeding the bandwidth limit in any given month we will; 1) seek to further optimize your site to reduce bandwidth use, 2) remove the limit for the current month, 3) report back to you at the end of the following month on your bandwidth after our changes. Should your site still exceed the bandwidth limit of your chosen package you will either agree to update to a new package or be charged 0.35p per gigabyte for excessive bandwidth use.

 

PCI Compliance

Our shared hosting solutions are not and cannot pass PCI scans. Therefore are not suitable for some payment methods, notably, Paypal Pro or Sagepay via Direct integration. You can use payment methods where payments are taken 'off server' eg Paypal standard, Paypal express, Sagepay via Form or Server integration. We are happy to configure VPS and dedicated servers to pass PCI scans.

Under no circumstances are any payment method that store Credit Card details direct on the server to be used without consulting us directly. Similarly API based payment methods eg Sagepay via Direct integration are almost certainly beyond your PCI scope and so are not supported.

Age:

 

The Client must be at least 18 years of age to obtain our service.

 

Abuse of the legal rights of others:

 

The Client agrees not to use their hosting account to abuse the legal rights of third parties.

 

Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers.

 

 

Libel:

 

Dx3webs does not monitor the content of customer websites, nor does it have the practical capability to do so.

 

We may be notified that a libellous statement is being hosted on a customer website. However, this notification must (for each libellous statement) include a full link (URL) to the content in question, an explanation of why the content in question is libellous and a short quote from that content.

 

In the absence of this information, Dx3webs will not be considered to have been informed of a libellous statement. We will not engage in monitoring of, or searching for, any content hosted on our service at the behest of a third party that believes itself to have been libelled.

 

On notification of a libellous statement, our customer will be notified and given up to 24 hours to remedy the situation.

 

We reserve the right to remove any content about which a complaint of libel has been made, or to suspend or terminate a customer account hosting content about which a complaint of libel has been received.

 

Abuse of the law:

 

Dx3webs services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; Linking to illegal material is also prohibited. Dx3webs reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

 

Pornography:

 

Pornography, or links to such material, even if legal, is not an acceptable use of Dx3webs servers. An exception can be made where necessary to support the sales of products within your catalog.

 

Abuse of Dx3webs Server Resources:

 

Our magento web server are provided for the exclusive use of running magento e-commerce application.  No other scripts or programmes are to be run without consent.

 

Dx3webs reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

 

 

Other Behaviour:

 

The following examples of unacceptable behaviour are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask abuse@dx3webs.com

 

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or Account. Accessing data not intended for the Account Holder.. Probing the security of any network.  Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken.

 

Client Responsibility:

 

The Client is responsible for all activity originating from the Account unless proven to be a victim of outside hacking or address forgery. The Client is responsible for securing their username/password. Use of Dx3webs's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Account used by the Client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTP-ing web contents, graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as knowledge of the use of FTP. CGI-Scripts: requires a knowledge of the UNIX environment, tar & gzip commands, perl, CShell scripts, permissions, etc. E-mail: Knowledge of the use of e-mail programs to receive and send mail, the configuration of those e-mail programs, etc. The Client agrees that he or she has the necessary knowledge to create, maintain and use their Account for the purposes they intend. The Client agrees that it is not the responsibility of Dx3webs to provide this knowledge or support outside matters specific to Dx3webs's servers.

 

Client Data:

 

All reasonable measures have been taken to keep the server(s) that the Account Holder's data is stored on secure. However, the Account Holder is the data controller for any personal data collected or stored on the Account, and the primary responsibility for keeping that data secure rests with the Account Holder.

 

It is the responsibility of the Account Holder to ensure that they are in compliance with all relevant legislation applicable to the storage and processing of their Account data.

 

The Account Holder's actions in using their Dx3webs Account, including but not limited to, the installation of software on that Account, and configuration changes the Account Holder may make or request that Dx3webs make on their behalf may have an impact on the security of the Account Holder's data, foreseen or otherwise.

 

Consequently, Dx3webs does not accept responsibility for any lapse in Account data security that occurs on the Account Holder's Account. Dx3webs will not be held liable for any damages, material or otherwise, resulting from such a lapse.

 

We recommend that the Account Holder, as data controller for the data in question, take appropriate mesures to ensure that Account data is rendered unintelligible to a third party should the security of the Account in question become compromised.

 

We undertake not to make use of any of the personal data that an Account Holder has collected, stored or otherwise placed on their Account. We may inspect Account data as part of routine server management.

 

Under no circumstances may clients collect any debit / credit card details directly on the server. A 3rd party payment gateway must be used to process any credit / debit card payments.

We may make automated copies of Account data for backup purposes only, although we make no guarantee that we will do so. If such copying requires the re-transmission of Account data to another server, that re-transmission will occur over an encrypted link. Any such copies will not be released to a third party.

 

We undertake not to release Account data to a third party, except where, and with prior consent of the Account Holder, doing so is required as part of routine server management undertaken by an external contractor in which case that external contractor will be under an obligation not to use, copy or release the Account data to any other person or organisation.

 

Account data may be released to governmental and law enforcement agencies if such a release is in accordance with the law.

 

Application Security Patches:

 

It is vital that all security patches for applications are applied in a timely manner. This includes security releases (SUPEE-XXXX Patches) by Magento and Wordpress. Ideally, your developer will apply these however, Dx3webs will, on a best endevours basis, apply patches on request.

 

Infected sites:

Clients will notify Dx3webs as soon as they are made aware of any breach in their site or on discovery of suspicious code. Dx3webs will notify clients of infected stores within 24 hours and disable public access to infected stores within 48 hours if there is no response from store owners.

 

Backups:

 

It is the Client's responsibility to maintain local copies of their web content and any other information held on their Account. If loss of data occurs due to an error of Dx3webs, Dx3webs will attempt to recover the data for no charge to the Client. If data loss occurs due to negligence of Client in securing their Account or by an action of the Client, Dx3webs will attempt to recover the data from the most recent archive.

 

IP Addresses:

 

Dx3webs maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

 

Refunds:

 

If for any reason the Account Holder is not entirely satisfied with their hosting Account they may request that their Account be closed within an initial 7 day period of their order being placed. A full refund of any fees paid will then be issued. Beyond that initial 7 day period, all payments for hosting are non-refundable and service is provisioned for the period paid for.

 

Minimum Contract Periods:

 

The minimum contract period for shared hosting (standard or reseller) is 1 month. The minimum contract period for VPS or dedicated server hosting is 3 months, with a 30 day advance notice of cancellation required.

 

Cancellations made to VPS or dedicated servers within 30 days of a renewal due date will be billed for the extra cancellation period on a pro-rata basis.

 

Limitation of Liability:

 

Dx3webs shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Dx3webs's servers going off-line or being unavailable for any reason whatsoever. Further, Dx3webs 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 Dx3webs's servers. All damages shall be limited to the immediate termination of service.

 

The Client acknowledges and agrees neither Dx3webs nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, Dx3webs or any of its shareholders, directors, officers, employees or representatives should become liable to the Client or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of Dx3webs, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by the Client to Dx3webs for one month of service under this agreement.

 

Dx3webs shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Dx3webs reserves the right to terminate an Account at any time for non-compliance with the terms and conditions outlined above. Dx3webs reserves the right to delete all content and files upon Account termination. Dx3webs reserves the right to withhold any pre-paid funds for any Account removed for violations of these policies. Dx3webs reserves the right to refuse, cancel, or suspend service at our sole discretion.

 

Dx3webs reserves the right to change these terms and conditions without prior notice or warning. Non-enforcement of any part of these terms and conditions does not constitute consent.

 

Violations of these Policies should be referred to abuse@Dx3webs.co.uk

 

All complaints will be investigated promptly.

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