Terms & Jurisdiction (1.0)
The initial term of this agreement shall begin on the date that Servers4You generates an email message to the customer stating the service is now active and the agreement will be in effect for the duration of your service being active with us. The customer agrees that all payments due will be paid on or before the next due date, services may become suspended or terminated for late payments.
Server4You provides a cancellation form on all services we provide. Cancellation requests will not be granted if the customer has any unpaid invoices associated with its account. If no cancellation request is received, Servers4You will invoice you up to 7 days before your next due date for the next billing cycle on your service. Billing cycles can be changed by opening a support ticket from your client area.
The Terms of Service and the relationship between you and Servers4You shall be governed by the laws of the United Kingdom (England) and the European Union, without regard to its conflict of law provisions. You and Servers4You agree to submit to the personal and exclusive jurisdiction of the courts located in England.
Abuse Behaviour (2.0 - Important)
Servers4You has a zero tolerance approach to abusive behaviour towards staff members here at Servers4You, this includes threats, inappropriate comments, swearing & general rudeness towards any member of our team. Violations of this policy will result in termination of your service without notice to customer, no exceptions.
Acceptable Use of our Network (3.0)
Cloud Servers (3.1)
Servers4You does not restrict the bandwidth you use while using a cloud server on our network. However, we do not allow excessive use of the given port uplink. We provide a 1Gbps Shared Uplink for cloud servers & monitor your usage closely (we cannot see what you download or upload). Excessive usage will result in the port uplink being restricted to ensure other cloud server users are not affected.
Dedicated Servers (3.2)
All dedicated servers on our network come with unmetered bandwidth, meaning we do not impose a bandwidth limit on your server. All dedicated servers come with a minimum of a 1Gbps shared uplink which can be upgraded at any time by opening a support ticket from your client area. Customers using a shared uplink may have their uplink throttled if it impacts other servers on that uplink. Customers on a dedicated uplink (1Gbps, 2Gbps etc.) will never have their uplink throttled.
SPAM & UCE (3.3)
Here at Servers4You we have a zero tolerance approach for the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply put, we do not allow customers to send any UCE or SPAM over our network. Customer also agrees that you will not host any website or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Servers4You investigate all SPAM/UCE reports within a 24 hour period & to the fullest extend, services may be suspended during the investigation to prevent further violations of this policy.
Violations of our UCE/SPAM policy will result in up to a £2500.00 GBP administrative fine which the customer agrees to pay in full, services will also terminated without warning to customer.
Prohibited Content (3.4)
While Servers4You try to serve a large variety of content for customers, we currently do not allow the following content on our network:
- Threatening, abusive, harassing, defamatory statements.
- Promotion of illegal activities (info on hacking, cracking etc).
- Information, instructions, links, etc containing malicious code.
- Hate speech or hate propaganda.
- Scripts or systems that cause server performance issues.
- Misrepresentation of member’s identity, or impersonation.
- Collection of personal information for illegal purposes.
- Collection of personal information without users permission.
- Solicitation or sale of any harmful/illegal products or service under United Kingdom law.
Customers can not use our network for content that is deemed by Servers4You, in its sole discretion, to be harmful to Servers4You, any partners of Servers4You, sister companies or parent company Musicboxset Limited.
Customer agrees to indemnify and hold harmless Servers4You, Servers4You’s affiliates, sister companies, parent company, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customers services in violation of applicable law or the AUP by customer or any person using customer’s log on information, regardless of whether such person has been authorized to use the services by customer.
Disclaimer of Warranties (5.0)
Servers4You does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law Servers4You disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non infringement. To the extent permitted by applicable law, all services are provided on an "as is" basis.
Limitation of Liability (6.0)
In no event will Servers4You, its suppliers, or third parties mentioned on this site be liable for any special, indirect or consequential or any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, or the materials or information contained at any or all such sites, or in connection with the use or performance of software or of failure to provide services, whether based on warranty, contract, tort, negligence or any other legal theory and whether or not advised of the possibility of such damages.
Request for Personal Information (7.0)
The Servers4You Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, customers agree that the company may disclose any and all the account holders information including assigned IP numbers, account history, account use, etc. to any member of law enforcement who makes a written request, without further consent or notification to the customer. In addition Servers4You shall have the right to terminate all service set forth in this Agreement.
Uptime guarantee (8.0)
Cloud Servers (8.1)
Servers4You provides a 100% Uptime Guarantee on all Hardware and on Network Connectivity on our cloud server network. In any given month, if your server is offline due to a unscheduled hardware failure, or an unscheduled failure of the Servers4You network for more than 0.01% of the time (4 minutes), you may request a pro-rata credit for the down time. Specific exclusions exist where the Servers4You network is working normally, but upstream issues, such as a Datacentre or Carrier failure or DDOS is impacting customers routes to the cloud. Planned maintenance announced via our Servers4You status page or MyMBS Networks blog is not covered by this guarantee.
Dedicated Servers (8.2)
Servers4You provides a 99.99% Uptime Guarantee on all Hardware and on Network Connectivity on our dedicated server network. In any given month, if your server is offline due to a unscheduled hardware failure, or an unscheduled failure of the Servers4You network for more than 20 minutes, you may request a pro-rata credit for the down time. Specific exclusions exist where the Servers4You network is working normally, but upstream issues, such as a Datacentre or Carrier failure or DDOS is impacting customers routes to the cloud. Planned maintenance announced via our Servers4You status page or MyMBS Networks blog is not covered by this guarantee.
Invoices, Refunds & Payments (9.0)
Invoices are to be paid prior to any service being deployed/activated. Customer is responsible for any additional Bank fees, interest charges, finance charges, overdraft charges or any other fees resulting from charges billed by Servers4You. Please note that once an invoice has been created (7 days before next due date) for a service for the next billing cycle, cancellations will not be accepted for any reason.
Servers4You reserves the right to suspend/disrupt access to customer services if customer fails to pay all invoices on or before the due date. Customer will not be able to access any data on this server until all invoices have been cleared in full.
Once a service has been activated/provisined by Servers4You and available to customer, refunds are not accepted at any given time. Exceptions of this policy is that the service is not usable & cannot be fixed by our technical support team. Cloud Servers have the ability of downgrading or upgrading resources, if a downgrade occurs, credit will be provided to the client account for future payments. Credit balances cannot be refunded (if using "Add Funds" option) or transferred.
Late Payments (8.3)
Servers4You provides up to 48 hours from the next due date for invoices to be paid, after 48 hours, your service will be suspended & a late payment fee of £10.00 GBP will be added to your invoice, this late fee will not be removed or altered for any reason. After 7 days of invoices not being paid, service termination will commence and all data will be erased & cannot be retrieved after this time.
Windows/CloudLinux OS or cPanel Licensing (8.4)
Customers that use the Windows or CloudLinux operating system or the cPanel control panel must conform to the licensing agreement of the operating system or third party software. As such, any Windows, cPanel or CloudLinux server you deploy will automatically be licensed by us and added to your account within 48 hours of the server being deployed. If you wish to use your own operating system or control panel license, please contact us with your license & we use this license instead.
Changes to Terms (10.0)
Servers4You retains the right to modify the Terms of Service outlined on this page at any given time. If any modifications do occur, Servers4You will notify its customers via an email message & when the modifications will become into effect. For reference, the last modification date & the date the Terms became into action are at the bottom of these Terms of Service.
Date Last Modified: June 29th, 2018
These Terms of Service will come active on: July 1st, 2018