Terms & Conditions
Welcome to Kohost Terms & conditions
Effective date: 1 January 2020
By subscribing to any of the Services and opening an account with us ("the Account") you ("the Customer") agree to be bound by these terms and conditions. These terms and conditions apply to all 365hosts accounts. They set out the basis on which we offer our services and should be read carefully.
2.1 365hosts will use reasonable efforts to supply a continuous service. However, 365hosts is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. 365hosts is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.
2.2 You agree that 365hosts is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. 365hosts is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of UK or other applicable law.
2.3 365hosts's customers are liable for all charges levied by their telephone service provider arising from the Customer's use of the Services.
2.4 From time to time 365hosts or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. 365hosts will give as much notice as possible and shall try to keep this work to the period specified in the notice. 365hosts accepts no liability whatsoever arising from such a suspension of the service.
2.5 The Customer agrees that they will not reassign or transfer any part of the Services.
2.6 YOU acknowledge and agree that details of YOUR name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the RIPE NCC to ensure that both WE and YOU fulfil their obligations under prevailing RIPE policies and that such data may be published in whole or in part in the RIPE WHOIS database.
2.7 License costs of all third party applications and software offered with our plans are subject to change without written intimation.
2.8 365hosts reserves the right to pass on any additional charges/price increases as a result in price changes from third party software and license vendors irrespective of the hosting cycle.
3. Banned Content
3.1 Customers must use the Services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British law is prohibited. The list of banned content includes, but is not limited to :-
(a) Illegal Material - This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
(b) Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
(c) HYIP - We do not allow any HYIP sites, or sites that link to or have content related to HYIP sites.
(d) Proxy - We do not allow any proxy set-ups or connections or any sort of activity through remote proxy connections on our Shared Hosting, Reseller Hosting, VPS Hosting and Dedicated Servers. The first offense committed by the Customer will result in suspension of their Account. Any second violation will result in immediate Account termination.
(e) IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any second violation will result in immediate account termination.
(f) Defamatory content - any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.
(g) Bit Torrents: Use of software and scripts for "bit torrents" or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.
(g) We cannot host any of the following: Financial trading platforms, Energy, aviation, power & utilities or any other safety critical industries, Bespoke information security systems, Hardware design or hardware manufacture, Dating, gambling or gaming websites or other applications.
3.2 We are under no obligation to edit, review or modify the contents of your website. However, we reserve the right to remove any content without notice. For the avoidance of doubt we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.
3.3 Any Customer found to be using the Services for any of the purposes contained in Clause 3.1 may have their Account terminated without notice.
3.4 The Customer agrees to fully and effectively indemnify 365hosts against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by 365hosts in consequence of the Customers breach or non-observance of this Clause 3.
3.5 The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against 365hosts arising from breach or breaches of this Clause 3. 365hosts may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide 365hosts with the assistance necessary to defend such claims, at the Customer’s sole expense.
4.1 You are to ensure any requested domain registration request is not made in bad faith, does not infringe on any third party rights, will not be used for any unlawful purpose or would be considered to be an abusive registration under the enom or Nominet dispute resolution policies.
4.2 You acknowledge that 365hosts are not obliged to accept any request to register a domain
4.3 365hosts make no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any requested domain.
4.4 You acknowledge that domain registrations and renewals where successful are non-refundable.
4.5 You acknowledge that 365hosts are unable to correct spelling mistake(s) in a domains once a domain has been successfully registered, please ensure you check before submitting the domain for registration.
4.6 You agree to pay 365hosts all applicable fees as detailed on our domain pricing page located at https://www.365hosts.com/cart.php?a=add&domain=register
4.7 You acknowledge that domain renewal fees are subject to change at any time without notice, current renewal pricing can be found at https://www.365hosts.com/cart.php?a=add&domain=register
4.8 In instances where 365hosts are unable to register or renewal a domain, a full refund of the domain registration or renewal fee will be provided.
4.9 All domains registered are through our partner namecheap and subject to namecheaps's terms & conditions located at https://www.namecheap.com/legal/domains/registration-agreement/
4.10 You will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.
4.11 You agree and acknowledge that 365hosts will make registration information in relation to the requested domain available to ICANN, eNom, Nominet or any other appropriate registration authority.
4.12 You acknowledge that you are obligated to provide accurate domain registration details, and that those details will be published to the WHOIS directory with respect to the chosen domain name, as required by ICANN & Nominet.
4.13 365hosts will endeavour to automatically renew your domain within 30 days prior to expiry unless:
4.14 365hosts are unable to take payment for the renewal.
4.14.1 You choose to opt out of auto-renewal through the 365hosts control panel 30 days prior to the expiry date.
4.14.2 The domain has been transferred to another registrar.
4.14.3 If a .UK domain that the domain is no longer on the 365hosts tag.
4.15 You may not transfer away the domain from us to another registrar during the first ninety (90) days following the registration or transfer of a domain. This does not apply to domains bought during a promotion, domains purchased via any kind of promotion cannot be cancelled or transferred to any other registrar.
4.16 365hosts will not accept any transfer request for a domain that is due to expire within 7 days.
4.17 365hosts will not transfer ownership of a domain to another registrar until all fees attributable to the domain registration, renewal or transfer have been paid, not limited to but including outstanding web hosting or web devlopment liabilities.
4.18 You undertake to comply with the content standards set out in our Acceptable Use Policy in respect of any material posted on or associated with any Domain.
4.19 Where ICANN and/or Whois, or any replacement body of the same (or where the Domain is registered with a registrar in a different jurisdiction, any equivalent body or registrar), makes any complaint in respect of the use of the domain name including but not limited to 'cyber squatting', We reserve the right to immediately cancel this service and no refunds shall be made.
4.20 "Due to a legal agreement between ENOM INC, our domain registrar, and LegitScript, customers should be aware that the domains purchased with the intent of selling prescription drugs, via a company not properly licensed in the destination country, could be frozen pending a legal appeal. 365hosts LTD has no control over this process and disputes will need to be handled through the proper legal channels in the disputed country."
4.21 365hosts reserves the right to change the registrar that a domain is held with, at its own discretion and without notice.
4.22 If you are registering a domain on behalf of a third party you are obligated to ensure the domain owner is made aware of these terms and conditions.
4.23 If a domain name is purchased via a promotional campaign, during that campaign, a limit of 20 domains is available to be purchased per person. We reserve the rights to refuse orders should we deem necessary.
5. Adult Content
We allow websites with legal adult content only. We do not allow pornographic or sexually-explicit images of children or any pictures/video which are obtained illegally to host on our servers.
6. Size limitations
You agree and understand that the maximum size of a single MS SQL database will not exceed 400 MB irrespective of the web space allocated to the hosting account.
6.1 Any accounts in a Reseller account which are not active we ask you remove them from the network, if these are not removed we reserve the right to remove them.
7. Server / Resource / Staff Abuse
7.1 You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients' accounts.
7.2 If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.
7.3 If you operate any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to impose new terms on you in exchange for the current terms that you enjoy (i.e. an upgrade). You are allowed to use upto 25% of total resources available on a shared server and if your account continues to use more than 25% of the resources, it will result in suspension.
7.4 Denial of Service (DDoS) attacks directed at 365hosts, or any attempts to launch a DDoS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.
7.5 365hosts reserves the right to disable/delete any feature or application provided on shared hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web servers' overall health and performance.
7.6 If you are in any way disrespectful towards any member of the 365hosts staff we have full right to terminate your account with us without any refund.
8.1 If your account exceeds the bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Account and continue to exceed the limit, the Account shall be suspended until you demonstrate to us that you have taken measures to ensure that the limit won’t be exceeded again or upgrade your account, whichever is earlier. The Account will be reactivated in the following month.
8.2 Some plans are provided with unmetered bandwidth. Unmetered means that we do not accurately record and then enforce the bandwidth usage of your plan unless it is deemed to be using an excessive amount. An excessive amount is classed as either using more than 15% of the total bandwidth available to any single physical server or that your usage is such that it is affecting the performance of the server to the detriment of other clients as determined by our engineers. When such events occur, we reserve the right to immediately suspend service if the level of use is at risk of causing a disruption to other users. In other cases, we will attempt to communicate with you to discuss said usage. We reserve the right to charge additional fees if the normal usage of your site frequently exceeds this usage. If said charges are not acceptable to you, we will attempt to provide a reasonable time frame for you to move services.
9. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
9.1 You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. 365hosts would be the sole arbiter as to what constitutes a violation of this Clause.
9.2 You agree and understand that we have set a limit of 100 outgoing emails per hour on windows shared and Linux hosting, 500 outgoing emails per hour on VPS Hosting, and 3600 outgoing emails per hour on Dedicated Hosting to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists. We recommend you to use MailChimp for mass mail activity.
10. Affiliate Commissions
Affiliates cannot earn commission on the purchase of their own web hosting account and/or purchases made on their own billing account. As an affiliate, you are not permitted to self refer yourself. For instance, if you join our affiliate program and use the link code to sign up for your own personal account, you will not be entitled to receive any affiliate commission.
11.1 365hosts will use reasonable efforts to protect and backup data for clients on a daily basis, however, 365hosts does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making back-up files in connection with your use of the Services.
11.2 You agree and understand that any back-up which 365hosts may carry out will not include any media files. These include (but are not limited to) mp3, mpeg, wmv or any other video/audio files.
11.3 In case of VMware Cloud backups, we maintain DRS backups of the underline file system in the event of a mass failure, but these backups cannot be used for individual restores. If this is desired, our offsite backup solution is recommended.
12.1 Please not we do not accept Cash or Cheque as form of payment. All payments must be paid with a Debit/Credit card via your 365hosts account, this is processed via Stripe secure billing, due to our automated billing service. If you wish to pay via BACS transfer, please note that this will only be possible in the case of annual payments, you will be required to notify us of your BACS payment so that it can be allocated to your account, as these payments cannot be automated or monitored.
12.2 Your invoice will be generated and sent on the day it is due, this is to reduce the volume of correspondence sent to you. We reserve the right to debit your account on the same day that it is due. Failure to make payment on the date stated on the invoice will result in Invoice Overdue Reminders on the first and fifth, and nineth day. If your account reaches 9 days overdue, your final Overdue Reminder will state that your account will be suspended in the 24 hours following. If no payment is made to reinstate your account we reserve the right to terminate your account, cease taking any backups and remove all data held.
12.3 Our billing is all processed through Stripe and 365Hosts Limited holds no personal or business banking details, our system will auto capture recurring payments on the set date which you can confirm in your 365Hosts account, Please note on completion of agreed work we reserve the right to debit your payment card for work completed.
13. Security and Viruses
13.1 You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised access to another network or server.
13.2 Your password provides access to your Account. It is your responsibility to keep your password secure.
13.3 Sharing your password and account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.
13.4 Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.
13.5 You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.
13.6 You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
13.7 You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
13.8 You agree and understand that users who violate systems or network security may incur criminal or civil liability. 365hosts will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
13.9 You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services
13.10 JailShell Access - We do provide ssh access on Linux shared hosting packages but for security reason the access is restricted to specific IP's only. In order to avail the services you must have a local network connection with static ip address or else every time you will have to contact our support team to white list your current ip address.
14. Control Panel Support
14.1 You agree and understand that our staff members are not obligated to help you over live chat, ticket or phone support to setup email accounts, sub-domains, add-on domains or install any of the applications. We have restricted our staff from the client control panel login. Customers are expected to go through our Knowledgebase to understand all features of respective control panels.
Our support team will assist you with any of the functions which won't work or if there's any server side problems that needs to be rectified from our end. Customers may consider help from our knowledgebase to get detailed information, however basic tasks that can be managed from the control panel are expected to be resolved from the Customer’s end only.
14.2 You will need to upload your website from your end using file manager or an FTP software. Databases should be uploaded from PHPMyAdmin and sub accounts like FTP, Mailboxes, Sub-domains, Add-on domains, Parked domains which should be setup from the client's end only.
15. Cancellations & Refunds
15.1 365hosts reserves the right to suspend OR terminate services on receipt of abuse complaints.
15.2 At 365hosts.com we do not have a refund policy for any of our services. We believe that we provide our customers enough flexibility through our no contracts system. What does that mean? All our servers are provided monthly and you are not tied to any contracts. Hence, if you are not satisfied with our servers or services you can let the server expire whenever you want. However, we do not refund the money that you have paid for the first month due to the flexibility of our contracts.
What are other possibilities?
Of course, we are always ready to look for solutions together with our customers. Even though a refund is not possible, we can look for other solutions such as a new server or an upgrade. You can get in touch with us via [email protected] to discuss the possibilities.
15.3 Should you cancel your hosting before the renewal date or wish to transfer your domain name to another service provider during it's registration period, domain registration/transfer charges will be payable before such action is completed.
15.4 Should you wish to transfer away any CRM, Website or other medium developed by 365Hosts, it shall be liable to a £250 license fee to transfer to the new provider this must be cleared in full before transfer will be agreed, our designs must also retain the footer text unless the design is reformatted once transfered away.
16. Money Back Guarantee
16.1 Dedicated servers & domain registrations are not included under the 30 day money back guarantee policy. 365hosts reserves the right to decide whether or not to issue pro-rated refunds under such circumstances.
16.2 All subscribers of managed shared, and VPS plans carry a 30 day unconditional money back guarantee. If you find the services to be deficient or unsatisfactory, you are entitled to a full refund of the contract amount within the first 30 days of the date of account set-up.
16.3 If a refund which is requested by the Customer is to an international bank account outside of the United Kingdom, the Customer agrees to bear any and all charges incurred to us for the payment transfer. The amount which the Customer owes us shall be deducted from the total refund amount.
16.4 365hosts reserves the right to change the resource allocation for its services & also to change the prices listed on the website.
17. Threat of Legal action
17.1 Any threat of legal action against 365Hosts will result in the immediate termination of your account. 365Hosts reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
18. Modification of Terms of Service
365hosts reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.
19.1 We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.
19.2 We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.
19.3 We reserve the right to terminate any account where the account holder advises that they have or are about to initiate legal proceedings against 365hosts Ltd. Notice will be given advising the scheduled termination date, allowing clients to move to a new provider and take any backups. The previous months refund will also be refunded upon termination.
20. Effect of Termination
On termination or expiry of your Account for whatever reason you shall pay immediately all sums outstanding pending on your Account to 365hosts within 14 working days.
21.Limitation of liability
21.1 365hosts disclaims all liabilities in connection with the following :
(a) loss of material uploaded;
(b) incompatibility of the Services with any of the Customer's equipment, software or telecommunications links;
(c) technical problems including errors or interruptions of the Services;
(d) unsuitability, unreliability or inaccuracy of the Services;
(e) computer viruses of any kind obtained by the Customer in the course of using the Services;
(f) any security breaches whatsoever affecting the Customer’s Account.
21.2 In no event shall 365hosts be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
21.3 Nothing in this Clause 21 excludes each party's liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
21.4 Subject to Clause 21.3, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.
21.5 We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
21.6 365hosts will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
The Customer agrees that it shall defend, indemnify, save and hold 365hosts harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against 365hosts, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.
23.1 This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.
23.2 The Customer and 365hosts both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.
24. Company Information
365hosts Ltd is a company registered in England and Wales under registration number 11564085. Our registered office address is Office 7 The Uttoxeter Business Center, Town Meadows Way, Uttoxeter, Staffordshire, ST14 8AZ, United Kingdom. Please be advised all visitors are required to book in advance of visiting our office.
If you would like to get in touch with us, please write to us at the address above or by calling (+44) 020 3935 8008. Alternatively, please e-mail us on [email protected].