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Terms of Service

1. Terms

By accessing the website at https://servonyx.com(.net), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License
  1. Permission is granted to temporarily download one copy of the materials (information or software) on ServOnyx's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on ServOnyx's website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by ServOnyx at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
  1. The materials on ServOnyx's website are provided on an 'as is' basis. ServOnyx makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, ServOnyx does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations

In no event shall ServOnyx or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on ServOnyx's website, even if ServOnyx or a ServOnyx authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on ServOnyx's website could include technical, typographical, or photographic errors. ServOnyx does not warrant that any of the materials on its website are accurate, complete or current. ServOnyx may make changes to the materials contained on its website at any time without notice. However ServOnyx does not make any commitment to update the materials.

6. Links

ServOnyx has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ServOnyx of the site. Use of any such linked website is at the user's own risk.

7. Modifications

ServOnyx may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Merseyside, United Kingdom and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

This acceptable use policy governs your use of the services we provide (“Hosting Services”). Your use of the Hosting Services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions. ServOnyx may modify this Acceptable Use Policy at any time without notice.

You must not allow a third party to access or use the Hosting Services. If you have purchased one of our reseller hosting packages, you can allow a third party (a “Third Party”) to access or use the Hosting Services. If you do so, they will also be regulated by this acceptable use policy. As such, you will monitor the use of the Hosting Services by a Third Party and you will procure that they abide by this acceptable use policy. A breach of this acceptable use policy by a Third Party will be deemed to be a breach of this acceptable use policy by you.

The Hosting Services are provided by ServOnyx Network (“we”, “us” and “our”).

 

1. Resource Usage

a. The Shared Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.

b. The Shared Hosting Services allow you ‘unlimited’ server space for normal routine “non-file-distribution” web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of fifty (50) gigabytes per calendar month.

c. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.

d. In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:

  • > 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
  • > run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
  • > run any type of web spider or indexer
  • > run any software that interfaces with an Internet Relay Chat network
  • > 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
  • > participate in any file-sharing/peer-to-peer activities
  • > run any gaming servers
  • > run entries or other scheduled tasks other than by configuring them through our control panel
  • > give away web space under a domain (including Resellers giving away free websites)
  • > operate a proxy website or service
  • > as a remote file host for other websites
  • > operate self-hosted file sync or similar “cloud storage” based services including (but not limited to) OwnCloud, Pydio and Sparkleshare.

e. You must not use the Hosting Services as an offsite 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 are not web-visible without giving notice to you.

f. 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.

g. MySQL Databases are limited to 1024 megabytes in size, when they reach this size we will notify you.

h. If you are a Reseller and deactivate a resold web hosting account we will delete it after 50 days.

 

2. Prohibited Uses

You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:

  • > in any way that breaches any applicable local, national or international law or regulation
  • > in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
  • > for the purpose of harming or attempting to harm minors in any way
  • > to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below)
  • > to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM - see below)
  • > to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware

 

3. Content Standards

a. These content standards apply to any and all material that you allow to be hosted through the Hosting Services and to any interactive services associated with it.

b. You must comply with the spirit of the following standards. The standards apply to each part of any Material as well as to its whole.

Material must:

  • > be accurate (where they state facts)
  • > be genuinely held (where they state opinions)
  • > comply with applicable law in the UK and in any country from which they are posted

Material must not:

  • > contain any material which is defamatory of any person
  • > contain any material which is obscene, offensive, hateful or inflammatory
  • > contain any material that is pornographic
  • > promote violence
  • > promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • > infringe any copyright, database right or trade mark of any other person
  • > be likely to deceive any person
  • > be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
  • > promote any illegal activity
  • > be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
  • > be likely to harass, upset, embarrass, alarm or annoy any other person
  • > be used to impersonate any person, or to misrepresent your identity or affiliation with any person
  • > give the impression that they emanate from us, if this is not the case
  • > advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse

 

4. Zero Tolerance Spam Policy

a. We take a zero tolerance stance against the sending of unsolicited email, bulk emailing and spam. We may terminate the account of any user who send out spam with or without notice

b. Websites advertised as spam may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging or newsgroups. Any user account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

c. ServOnyx reserves the right to require changes or disable as necessary any website, account, database or component that does not comply with our policy

d. ServOnyx reserves the right to charge the holder of the account used to send any unsolicited email, a clean-up fee or any charges incurred for blacklist removal at our sole discretion.

 

5. Suspension & Termination

a. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.

b. Failure to comply with this acceptable use policy constitutes a material breach of the our terms and conditions of sale upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:

c. immediate, temporary or permanent withdrawal of your right to use the Hosting Services

d. immediate, temporary or permanent removal of any Material (as defined in paragraph 5.1) uploaded to our servers

e. issue of a warning to you

f. issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach

g. further legal action against you

h. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

 

6. Changes To Acceptable Use Policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

ServOnyx Network are an accredited member of the Nordic Domain Name Network ©. Domains are provisioned and managed through the ServOnxy Network.

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.

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.

If you cancel a domain name or let it expire, it may be deleted by your Registrar. If deleted, the domain name will enter into a redemption period for 15 days, under which it remains available to restore. Extra fee may apply during the redemption perioid. If it is not restored, the domain name will enter into "PendingDelete" status for 5 days.

"WP Elements" referrers to all WordPress plugins and themes available under our WP Elements brand. WP Elements are licensed and activated by ServOnyx Web Services (ServOnyx Network, ServOnyx Elements).

We hold agency licenses with rights to resell WP Elements. Support of the WP Elements can be requested through ServOnyx. To prevent the risk unauthorised use of our master licenses. We will not provide or share our shared license keys. We require access to your WordPress admin account to install and activate the purchase WP Elements.

No refunds or returns are available once the WordPress plugin or theme has been activated on your site. One activation per single domain. Unlimited revisions.

We use PayPal Checkout Payment & Stripe Online Payment Processing (Pay by Credit / Debit Card) as a method of payment. Subscription based payments will be setup when adding a debit or credit card.

All accounts will be activated instantly on 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.