Updated: 19th March 2019

PLEASE READ OUR TERMS OF SERVICE AGREEMENT CAREFULLY. THE FOLLOWING INFORMATION CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

INTRODUCTION

This Terms of Service Agreement (this “Agreement”) is entered into by and between Hostback (Trading as Dunevo Ltd), & you, and becomes effective once you use this website (“Site”) or subscribe to any of our services/solutions.  This Agreement explains the general terms & conditions of your use of our Site and the Services purchased or accessed through this Site.

The terms “we”, “us” or “our” shall refer to Hostback (Trading as Dunevo Ltd). The terms “you”, “your”, “user” or “customer” shall refer to any individual or entity who accepts this Agreement, or has access to your account.

CHANGES TO THIS AGREEMENT, OUR SITE OR SERVICES

Hostback (Trading as Dunevo Ltd) may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of our Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last updated. If you do not agree to be bound by this Agreement as last updated, do not use (or continue to use) this Site or the Services. HOSTBACK (Trading as Dunevo Ltd) RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

ACCOUNT

To access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Hostback (Trading as Dunevo Ltd) that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.  You are solely responsible for the activity that occurs on your Account, whether authorised by you or not, and you must keep your Account information secure, including without limitation your username, password. For security purposes, we recommend that you change your password on a regular basis. You must notify Us immediately of any breach of security. We take no responsibility for any loss you incur due to any unauthorised use of your Account.

ACCOUNT SECURITY

We also advise that any auto generated passwords sent from our system upon registration be changed upon initial login to the account to ensure increased security and best practices.

SITE/SERVICE RULES

You acknowledge and agree that:

1.Your use of this Site / Services , including any content you submit, will comply with this Agreement.

2.You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

  1. You Acknowledge that Unlimited is based on capacity of the server.
  2. You will not use this Site or the Services in a manner (as determined by Hostback in its sole and absolute discretion) that:
  • Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
  • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • Infringes on the intellectual property rights of another User or any other person or entity;
  • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  • Interferes with the operation of this Site or the Services found at this Site;
  • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
  • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Hostback or it’s Services.
  1. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorised by Hostback (Trading as Dunevo Ltd).
  2. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  3. You will not re-sell any part of your account or provide the Services for a commercial purpose without Hostbacks (Trading as Dunevo Ltd) consent and all domains must be owned by You the account holder. At anytime Hostback (Trading as Dunevo Ltd) can request business/company records for confirmation of business ownership and or directorship.
  4. Any information provided regarding business ownership and or directorship will be destroyed within 14 days of verification.

USE OF HOSTING SOFTWARE & LICENCE

The Client’s use of any and all Hosting Software that Hostback (Trading as Dunevo Ltd) may from time to time provide is under a non-exclusive licence and may be used only in accordance with these Terms and Conditions and only for the duration of the hosting service provided by Hostback (Trading as Dunevo Ltd).  The Client shall not gain any form of ownership rights over any Hosting Software or the intellectual property rights therein.

Where Hostback (Trading as Dunevo Ltd) provides access to third party software (which, for the purposes of these Terms and Conditions, falls within the definition of “Hosting Software”) the Client agrees to be bound by any licence agreements relating to such software upon the Client’s first use of that software.

The Client must not under any circumstances:

attempt to copy any Hosting Software;

attempt to reverse-engineer, decompile, disassemble or in any other manner derive source code from any Hosting Software;

write or otherwise create any derivative software that is based in whole or in part on any Hosting Software; or

sell, lease, transfer, sub-licence, or in any other way treat any Hosting Software as the Client’s property.

The Client will keep secure any login name and password provided by Hostback and not to pass that information to any unauthorised person. In the event of the Client’s login name and password being used by any unauthorised person, Hostback (Trading as Dunevo Ltd) accept no responsibility and the Client will be liable for additional charges arising therefrom.

The Client agrees that it will not:

perform any action that will reduce performance of Hostback’s (Trading as Dunevo Ltd) servers to the detriment of other users;

upload any virus to the Client Website which could infect Hostback’s (Trading as Dunevo Ltd) server or other equipment;

allow a virus to enter the internet by allowing internet users to download files containing viruses or (knowingly or otherwise) from their web space which is on a Hostback (Trading as Dunevo Ltd) server;

upload any material which infringes the intellectual property rights of any other party. Hostback (Trading as Dunevo Ltd) accept no responsibility for the Client’s actions in either uploading material to the internet or in the Client’s transferral of any material to other websites (or vice versa);

upload any material which may be considered to be contrary to public decency and morality including (but not limited to) pornographic, barbaric and overtly tasteless material. Hostback (Trading as Dunevo Ltd) reserves the right to randomly inspect the Client Website; Hostback (Trading as Dunevo Ltd) reserves the right to inform the relevant authorities of its findings following inspection and to terminate the Service Agreement forthwith;

cause or permit or in any way assist in any unauthorised publication or any dissemination of defamatory material or any material which could be considered to be in breach of the civil or criminal laws of England and Wales;

commit any act whereby access is gained by the Client to any information or resources of any person, body corporate individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions;

Use Hostback’s (Trading as Dunevo Ltd) servers or network to send unsolicited or spam e-mail to other internet users regardless of whether Hostback (Trading as Dunevo Ltd) are referred to or not either directly or indirectly in such postings;

not to use Hostback’s (Trading as Dunevo Ltd) servers or network either directly or indirectly in a way that would have a detrimental effect on network performance;

do any act or omission the result of which would have the effect of bringing Hostback (Trading as Dunevo Ltd) into disrepute.

CONTENT

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such. We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

INFORMATION ABOUT US

[WWW.HOSTBACK.CO.UK] is a site operated by [HOSTBACK] Trading as Dunevo Ltd.

AVAILABILITY

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use all efforts to attempt to provide this Site and the Services on a daily basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

CONTINUITY

It is the Client’s sole responsibility to make regular backups of its data and files used in connection with the Services. Even though Hostback (Trading as Dunevo Ltd) may make its own periodic back-ups for server maintenance purposes Hostback are not responsible whatsoever for the Client’s data or files.

REVIEW OF CONTENT; ACCOUNT TERMINATION POLICY

Hostback (Trading as Dunevo Ltd) does not pre-screen User Content. However, We reserve the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Hostback may remove any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement.

YOUR LIABILITY

All content submitted through your Account is considered User Content.  By posting or publishing User Content to this Site or via our Services, you represent and warrant to Hostback that (Trading as Dunevo Ltd) (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions of use.

Hostback (Trading as Dunevo Ltd) shall own exclusive rights (including all intellectual property and other proprietary rights) to any Submissions posted via this Site or Services.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data;

loss of goodwill;

wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

AUTOMATIC SUBSCRIPTION & RENEWAL TERMS

Payment Due at Time of Order. You agree to pay all amounts due for Services at the time you order them.  All amounts are non-refundable as stated in the Refund Section of these terms.

Price Updates. Hostback (Trading as Dunevo Ltd) reserves the right to change its prices at any time, and such changes shall be communicated online via this Site and effective immediately without need for further notice to you. If you have purchased Subscription, changes in prices and fees shall be effective when the Services in question come up for renewal.

Types. Unless stated by us, you may pay for Services by using PayPal. More payment types may be added in due course.

If for any reason Hostback (Trading as Dunevo Ltd) is unable to charge your Payment Method for the full amount owed, or if We receive notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Hostback (Trading as Dunevo Ltd) may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf.

Due to our subscription fees being vital to the continuity of our service & rewards initiative, if subscriptions are found to be unpaid twice consecutively, this will result in the deletion of your account.

REWARDS/TAXES

Cashback Rewards are provided at the sole discretion of Hostback (Trading as Dunevo Ltd).

Cashback Rewards are provided to our customers. It is the responsibility of our customers to ensure any money and or rewards are declared as required and any taxes owed to be paid to the relevant government authority.

To receive rewards:

Via PayPal – We would require the email address associated with your PayPal account. Also – the associated email for PayPal must match the email used for your account on the Hostback website.

Via Stripe – Reward payments will be sent directly to your bank account. Your Sort Code & Account Number are required.

REFUNDS

Due to our subscription based solution and rewards initiative, we don’t provide refunds for subscriptions paid.

We provide rolling monthly contracts that can be cancelled at anytime. We do this to ensure we receive and process the cancellation request and so our customers have the time from cancellation until their next subscription renewal is due to access their hosting account to make sure all data is backed up before account deletion.

Apart from other sections of these terms that govern and supersede. Requests for cancellation are officially confirmed at the end of the subscription cycle, removing the requirement of refunds.

ANTI SPAM

Zero Spam.  We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming.

Customers suspected to be using our products / services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email, Unsolicited Bulk Email or Unsolicited Facsimiles, which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include

  • Email Messages
  • Newsgroup postings
  • Windows system messages
  • Pop-up messages (aka “adware” or “spyware” messages)
  • Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
  • Online chat room advertisements
  • Guestbook or Website Forum postings
  • Facsimile Solicitations
  • Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must abide by all applicable laws and regulations. If we determine the account or services are being used in association with spam, we may suspend, or cancel any account, website hosting, domain registration, email boxes, or other applicable products or services.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy [www.hostback.co.uk/privacy]. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

VIRUSES, HACKING AND OTHER OFFENSES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

JURISDICTION AND APPLICABLE LAW

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

TRADEMARKS

[hostback, HOSTBACK] Trading as Dunevo Ltd is a UK registered trade mark of [Hostback].

VARIATIONS

We may revise these terms of use 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 made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

INDEMNITY

You agree to protect, defend, indemnify and hold harmless Hostback (Trading as Dunevo Ltd) and its directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature

LAWS COMPLIANCE

Hostback (Trading as Dunevo Ltd) makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.  Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

INSOLVENCY & TERMINATION

Without prejudice to any other claim, right or remedy (including with respect to late payment) which it may have, make or exercise against the other party whether under the Service Agreement or at law, the Service Agreement may be terminated forthwith by Hostback (Trading as Dunevo Ltd) giving notice to the Client or Supplier on the happening of any of the following events:-

(a) if the Client/Supplier commits any breach of any of the terms of the Service Agreement / Terms and Conditions and any such breach, if capable of remedy, is not remedied within fourteen (14) days of receipt of the notice specifying the breach, provided that if the breach is remedied to the reasonable satisfaction of Hostback (Trading as Dunevo Ltd) within the said fourteen (14) days, then the notice shall be of no further effect; or

(b) if the Client/Supplier, being a company, is unable to pay its debts (within the meaning of Clause 123(1) of the Insolvency Act 1986), has a receiver or administrator appointed over or in respect of any or all of its assets or undertaking or an order of the court is made or an effective resolution is passed for the winding up of the other party or becomes bankrupt.

CANCELLATION

Hostback (Trading as Dunevo Ltd) may cancel any agreement with the Client or Supplier at any time before the Services are delivered or following delivery by providing notice. On giving such notice Hostback shall within 7 working days repay to the Client any sums paid in respect of the relevant Service Agreement subject to costs incurred by Hostback(Trading as Dunevo Ltd). Hostback (Trading as Dunevo Ltd) shall not be liable for any loss or damage whatever arising from such cancellation.  No cancellation of the whole or any part of any order by the Client is permitted except where expressly agreed in writing by an authorised officer of Hostback (Trading as Dunevo Ltd) and on terms which will indemnify Hostback (Trading as Dunevo Ltd)  against any loss incurred.

WARRANTIES & UNDERTAKINGS

The Client undertakes not to solicit or engage the services of any employee, officer, contractor or associate of Hostback (Trading as Dunevo Ltd) unless not doing so would be held to be an unlawful restraint of trade.

The Supplier shall not work directly with a client or customer of Hostback (Trading as Dunevo Ltd) to which the Supplier has provided services either directly or indirectly via Hostback (Trading as Dunevo Ltd) and the Supplier shall refer immediately to Hostback (Trading as Dunevo Ltd) any potential offers of work or contracts received by the Supplier from the Client.

Unless otherwise directed by Hostback (Trading as Dunevo Ltd), the Supplier shall provide its services to Hostback (Trading as Dunevo Ltd) Clients under Hostback (Trading as Dunevo Ltd) brand and name and undertakes not to bring Hostback’s (Trading as Dunevo Ltd) reputation, goodwill and name into disrepute.

CONFIDENTIALITY

Any confidential information about Hostback (Trading as Dunevo Ltd), its staff, customers, contractors or officers shall be protected and kept in strict confidence by the Client and the Supplier which must use at least the same degree of precaution and safeguards as it uses to protect its own proprietary information of like importance, but in no case less than reasonable care. The termination or expiry of the Service Agreement or Supplier Agreement shall not relieve the Client or the Supplier of its obligations imposed herein.

The Client and the Supplier acknowledge that damages would not be a sufficient remedy for any threatened or actual breach of these Conditions and that Hostback (Trading as Dunevo Ltd) will be entitled to other remedies, including but not limited to, injunctive relief and specific performance.

FORCE MAJEURE

The parties to an agreement under this Terms and Service agreement shall not be liable for any delay in performing or failure to perform any of its obligations under this agreement caused by events beyond its reasonable control (‘Force Majeure Event’). However any delay or failure by a sub-contractor or supplier of the Client or Supplier shall not relieve the Client or the Supplier respectively from liability for delay or failure.

The party claiming the Force Majeure Event shall promptly notify the other of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage.

The party claiming the Force Majeure Event shall have its performance under this Agreement suspended for the period that the Force Majeure Event continues and the party will have an extension of time for performance which is reasonable and in any event equal to the period of delay or stoppage.

Any costs arising from the delay or stoppage will be borne by the party incurring those costs.  Either party may, if the delay or stoppage continues for more than sixty (60) Business Days, terminate any agreement with immediate effect on giving notice to the other and neither party shall be liable to the other for such termination. The party claiming the Force Majeure Event will take all necessary steps to bring that event to a close or to find a solution by which the contract may be performed despite the Force Majeure Event.

ASSIGNMENT

The parties shall not assign, transfer, purport to assign or transfer any agreement to which these Terms and Service agreement applies or the benefit thereof to any other person or body whatsoever unless agreed in writing by Hostback (Trading as Dunevo Ltd).

CONTACT

If you have any questions about this Agreement, please contact us by email or regular mail at the following address: hello@hostback.co.uk