The Legal Stuff
This is our framework of terms, conditions, policies, and agreements. If you have any questions regarding them, please don’t hesitate to contact our compliance team.
This Agreement (“Agreement”) is between R5 Hosting (“R5 Hosting”) and the person (individual or legal person) who signs R5 Hosting’s order form (“Order”) incorporating this Agreement by reference (“Customer”).
This Agreement governs Customer’s use of R5 Hosting’s Web Hosting and related services.
Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of R5 Hosting’s credit approval requirements, R5 Hosting agrees to provide Customer with web hosting and / or related services selected by Customer from R5 Hosting’s then published list of services (“Services”) and as described in the Order, for the fees stated in the Order.
The Services to be provided initially to Customer shall be as selected in the Order and thereafter as established through correspondence between Customer and R5 Hosting.
The initial term of the Agreement shall begin on the date that R5 Hosting generates an order confirmation email message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”).
However, no service shall commence unless and until R5 Hosting receives and accepts a completed Order from Customer, plus payment in full for Services to be rendered during the Initial Term and any setup charges.
R5 Hosting reserves the right to reject any submitted Order for any or no reason prior to written acceptance thereof by R5 Hosting.
Upon expiration of the Initial Term, this Agreement shall automatically renew for successive terms of the same length as the Initial Term (“Renewal Term”) unless R5 Hosting or Customer provides the other with written notice of non-renewal at least fourteen (14) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”
All fees for Services rendered or provided to Customer shall be in accordance with R5 Hosting’s prices.
Customer’s billing cycle shall be monthly, quarterly, annually or biennially as indicated on the Order, beginning on the Service Commencement Date. R5 Hosting may require payment for the first billing cycle before beginning service. Fees for the Renewal Term are payable seven (7) days in advance of each billing cycle.
If the Order provides for credit/debit card billing, Customer authorises R5 Hosting to bill subsequent fees to the credit/debit card before, on or after the first day of each successive billing cycle during the Term of this Agreement otherwise R5 Hosting will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order.
Payments must be made in Great British Pounds. Customer is responsible for providing R5 Hosting with changes to billing information (such as credit card expiration, change in billing address).
Payment in full of such invoiced amount is due upon receipt of the invoice. Should payment in full of any invoice not be received, R5 Hosting may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. In addition, R5 Hosting may terminate this Agreement and/or suspend Services without notice if payment for Services is overdue.
Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. Customer agrees to pay R5 Hosting’s reasonable reinstatement fee following a suspension of service for non-payment and to pay R5 Hosting’s reasonable costs of collection of overdue amounts, including collection agency fees, legal fees and court costs.
R5 Hosting may amend the Services and/or the fees it charges for Services by giving at least fourteen (14) days notice to Customer, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee and for any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
At R5 Hosting’s request Customer shall remit to R5 Hosting all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on R5 Hosting) regardless of whether R5 Hosting fails to collect the tax at the time the related services are provided.
Customer acknowledges that the amount of the fee for Services is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event R5 Hosting terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for R5 Hosting’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due seven (7) business days following termination of the Agreement.
4. Law / AUP
Customer agrees to use the services in compliance with applicable law and R5 Hosting’s Acceptable Use Policy (the “AUP”), which is hereby incorporated by reference in this Agreement.
Customer agrees that R5 Hosting may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services.
Amendments to the AUP are effective on the earlier of R5 Hosting’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment.
Customer agrees to cooperate with R5 Hosting’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between R5 Hosting and Customer regarding the interpretation of the AUP, R5 Hosting’s commercially reasonable interpretation of the AUP shall govern.
5. Customer Information
Customer represents and warrants to R5 Hosting that the information he, she or it has provided and will provide to R5 Hosting for purposes of establishing and maintaining the service is accurate.
If Customer is an individual, Customer represents and warrants to R5 Hosting that he or she is at least 18 years of age, and R5 Hosting reserves the right to ask for proof of age (in the form of a valid passport or photo driving licence) and to carry out checks to verify the information provided.
R5 Hosting may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless R5 Hosting, R5 Hosting’s affiliates, 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 attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s 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.
7. Disclaimer of Warranties
CUSTOMER AGREES TO USE ALL R5 Hosting’S SERVICES AND ANY INFORMATION OBTAINED THROUGH OR FROM R5 Hosting AT CUSTOMER’S OWN RISK.
R5 Hosting DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW R5 Hosting DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
8. Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF R5 Hosting AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
9. Suspension / Termination
Suspension of Service
Customer agrees that R5 Hosting may suspend services to Customer without notice and without liability if: (i) R5 Hosting reasonably believes that the services are being used in violation of any Terms and Conditions or the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) R5 Hosting reasonably believes that the suspension of service is necessary to protect its network or its other Customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay R5 Hosting’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
R5 Hosting operate a Banned Services Policy in the instance of a chargeback or misuse of a R5 Hosting product or service.
The Agreement may be terminated by either party, without cause, by giving the other party fourteen (14) days prior written notice.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if R5 Hosting fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail.
The Agreement may be terminated by R5 Hosting prior to the expiration of the Initial Term or any Renewal Term without liability as follows:
- without notice if Customer is overdue on the payment of any amount due under the Agreement.
- if Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within ten (10) days of a written notice from R5 Hosting describing the violation in reasonable detail.
- without notice if Customer’s service is used in violation of a material term of the AUP more than once, or
- upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement.
Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If a domain name is transferred or cancelled within the first two (2) years of registration, an administration fee of twelve pounds ninety-nine pence (£12.99) excluding VAT will be charged. The transfer or change of handle/tags will not take place until payment has been received in full.
10. Requests for Customer Information
Customer agrees that R5 Hosting may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s Customers or end users that R5 Hosting believes violates applicable law, and (ii) provide any information that it has about Customer or any of its Customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
11. Back Up Copy
Customer agrees to maintain a current copy of all content hosted by R5 Hosting notwithstanding any agreement by R5 Hosting to provide back up services.
12. Changes to R5 Hosting’s Network
Upgrades and other changes in R5 Hosting’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. R5 Hosting reserves the right to change its network in its commercially reasonable discretion, and R5 Hosting shall not be liable for any resulting harm to Customer.
Notices to R5 Hosting under the Agreement shall be given via electronic mail to the email address posted for Customer support on the website. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
14. Force Majeure
R5 Hosting shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond R5 Hosting’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, theft, destruction, terrorist activity, acts of God or other events of a magnitude or type for which precautions are not generally taken in the industry.
15. Governing Law
The Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement when commencing use of any of R5 Hosting’s services.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer / employee. Neither party will represent itself to be an agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority.
R5 Hosting reserves the right to amend this Agreement and the AUP and Customer shall be bound by any such amendments. Customer shall have the obligation to periodically visits R5 Hosting’s website www.totalbusinesshosting.com to review the AUP and make certain Customer is in full compliance therewith. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern.
The terms on Customer’s purchase order or other business forms are not binding on R5 Hosting unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.
The captions in the Agreement are not part of the Agreement but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement.
There are no third party beneficiaries to the Agreement. Neither insurers nor the Customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without R5 Hosting’s prior written consent. R5 Hosting’s approval for assignment is contingent on the assignee meeting R5 Hosting’s credit approval criteria. R5 Hosting may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersede or replace any prior understanding or communication, written or oral.
The Customer is deemed to have agreed to this Agreement when commencing use of any of R5 Hosting’s Services.
The R5 Hosting Usage Policy has been developed with the following objectives:
- Ensure security, reliability and privacy of R5 Hosting systems and network, and the networks and systems of others.
- Maintain the image and reputation of R5 Hosting as a responsible provider.
- Preserve the value of Internet resources as a conduit for free expression.
- Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of Internet services.
- Avoid situations that may cause R5 Hosting to incur civil liability.
- Preserve the privacy and security of individual users.
We expect our Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our Customers are protecting the rights and privileges of all Internet users.
Violation of any of the following policies is strictly prohibited and will result in:
- Immediate termination of all accounts
- Immediate suspension of websites
- Notification of suspected of illegal activities to the relevant authorities, e.g. the Police and/or the Internet Watch Foundation.
Customers are prohibited from transmitting on or through any of R5 Hosting services, any material that is, in R5 Hosting sole discretion, unlawful, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.
R5 Hosting services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of UK regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. R5 Hosting reserves the right to remove such illegal material from its servers.
Customers may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.
The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
System and Network Usage
Customers may not attempt to circumvent user authentication or security of any host, network, or account (“cracking”). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access or probing the security of other networks.
Customers may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
Customers may not use any program/script/command or send messages of any kind, designed to interfere with a user’s terminal session, via any means, locally or by the Internet.
Customers must safeguard their account passwords to prevent unauthorised access to their account.
Users who violate systems or network security may incur criminal or civil liability. R5 Hosting 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.
R5 Hosting Reserve the right to access servers/accounts within their network if they believe the terms and conditions of use are not being followed.
Bit Torrent software and P2P protocol software is not permitted on our network. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.
Harassment, whether through language, frequency, or size of messages, is prohibited.
Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email .
Customers are explicitly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
Malicious email, including but not limited to “mail bombing” (flooding a user or site with very large or numerous pieces of email) and “trolling” (posting outrageous messages to generate numerous responses) is prohibited.
Forging of header or any other information is not permitted.
Subscribing someone else to a mail list or removing someone else from a mail list without that person’s permission is prohibited.
R5 Hosting accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
These rules apply to other types of Internet-based distribution mediums as well. USENET postings have their own regulations; see below.
R5 Hosting is not responsible for the content of any USENET posting, whether or not the posting was made by a R5 Hosting Customer.
Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it.
Customers are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as “USENET spam”).
Customers are prohibited from posting binary files to newsgroups not specifically named for that purpose.
Customers are prohibited from cancelling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.
Customers are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
A Customer may not solicit mail for any other address, other than that of the Customer’s R5 Hosting account or service, with the intent to harass or collect replies after R5 Hosting service has been terminated.
IRC (Internet Relay Chat)
R5 Hosting is not liable for the content of any communications made on IRC.
IRC robots (“bots” or “clones”) or IRC sessions may not be run from R5 Hosting server accounts.
Customers may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username.
Customers are prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host. Customers are also prohibited from engaging in activities which harass other users. This includes, but is not limited to, “flooding” (rapidly entering text with the intent to fill the screens of others), “flashing” (disrupting terminal emulation), “takeovers” (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via “ignore”), attempting to return to a channel after being banned from it, and other disruptive behaviours.
Acceptable Use Policy
Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts.
R5 Hosting expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. R5 Hosting may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of R5 Hosting’s terms and conditions.
Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
Customers may not:
- Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use include but are not limited to CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
- Run cron entries with intervals of less than fifteen (15) minutes.
- Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
- Include the URL when using PHP include functions for including a local file. Instead of including ‘http://yourdomain.com/include.php’, use ‘include.php’ or ‘/home/username/public_html/include.php’.
- Use a shared hosting account as a backup or storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Student Web Hosting
Discounts and packages for students, educators and school administration are available for new customers only. Any customer who purchases hosting at an educational discount is eligible to renew their hosting twice after the initial term at the current price of the equivalent package. After that, the account should be switched to a standard non-educational package.
Proof of enrollment or employment at an educational institution is required in order to purchase. An educational institution is defined as a primary school, middle school, high school, junior college, college or university. For-profit educational institutions and tutoring services are not included in this offer. A complimentary shared. We reserve the right to revoke or cancel educational discounts or packages at any time.
Material and Product Requirements
Customers must ensure that all material and data placed on R5 Hosting equipment is in a condition that is “server-ready,” which is in a form requiring no additional manipulation on R5 Hosting part. We shall make no effort to validate this information for content, correctness or usability. In the event that the Customer’s material is not “server-ready”, we have the option at any time to reject this material. R5 Hosting will notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of R5 Hosting.
Use of R5 Hosting 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 usage and desired content of the Customer’s Web space. Customers must have the necessary knowledge to create and maintain a Web space. It is not the responsibility of R5 Hosting to provide this knowledge or Customer support outside of the service defined in the Service Agreement.
Renewal of Services
R5 Hosting operates an Auto-Renewal Policy on all products and services, which is designed to ensure continuity of service.
Customers can opt out from Auto-Renewal or manage their Auto-Renewal settings for individual or all R5 Hosting products and services via ‘My Services’ in the Customer Portal.
For Customers with Auto-Renewal active, fees for the Renewal Term are payable up to seven (7) days in advance of the contract expiry date.
As per the R5 Hosting Cancellation Policy Customers wishing to cancel their Auto-Renewal must do so by contacting their Account Manager at least 14 days before the contract expiry date.
Any Auto-Renewal notification emails will be sent to the email address which is held at that time for the Customer’s account, so it is essential that Customers ensure their contact and billing details and email address is up to date.
To ensure services are renewed via Auto-Renewal, Customers must ensure that their contact and billing details are updated at all times. Customers updating Credit/Debit Card details must be aware that they will be at risk of losing services if details are not updated before the day services are scheduled to expire. R5 Hosting cannot be held responsible for the loss of a Domain Name if the Auto-Renewal is cancelled or a Customers contact and billing details are not up to date, therefore preventing the Auto-Renewal from taking place.
Auto-Renewal of R5 Hosting services is excluded from the 30-Day Refund Policy as it is the Customer’s responsibility to cancel services, in writing, 14 days before the contract expiry date.
If you have any problems with or enquiries about our Auto-Renewal service, please contact Support.
Server Access Regulations
As part of our service and to maintain a stable network we have set the following rules for accessing customer servers.
The rules are made to protect your data and your server and all Customer servers. Due to our experience with the Bind hack, we will be closely monitoring all servers, and we will regularly access servers to make sure that you have not been hacked.
We will access your server if:
- We suspect your server has been hacked
- Subject to the terms and conditions of this Agreement, R5 Hosting will provide to Customer the Web hosting and/or related services described in the plan selected by Customer from R5 Hosting’s then published list of services offered from time to time (“Services”). The specific plan of Services to be provided initially to Customer shall be as selected in the Order and thereafter as established through correspondence between Customer and R5 Hosting. Customers must be over 18 years of age. R5 Hosting reserve the right to ask for proof of age (in the form of a valid passport or photo driving license) and to carry out checks to verify the information provided.
- We are getting reports that your server is port scanning
You are not allowed to port scan anyone other than your own machines or network. If your server has been compromised by a hacker, they usually start port scanning other servers, and we then get the reports causing us to suspect your server.
- We notice an unusually high amount of data transfer
Once in a while we will check all the servers and monitor the most active servers as they are most likely to have illegal software or to have been hacked. We perform port scans on the servers and will investigate servers with suspicious ports open (anything over port 10000).
- We receive complaints about spamming or other violations of our Terms & Conditions
Spammers are rarely hackers and please be aware that we are required by our backbone carriers to police and monitor spamming strictly. If you are deliberately spamming you risk losing your server.
This Service Level Agreement (SLA) applies to you (“Customer”) if you have ordered either the Business or Enterprise packages from R5 Hosting (the “Services”) and your account is current (i.e., not past due) with R5 Hosting. As used herein, the term “Service Availability ” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of Customer’s website or Operating System (OS) is available for access by third parties via HTTP, HTTPS, Remote Desktop, Terminal Services and SSH, as measured by R5 Hosting.
R5 Hosting’s goal is to achieve at least 99.95% service availability for all customers.
Subject to below, if the availability of Customer’s service is less than 99.95%, R5 Hosting will issue a credit to Customer in accordance with the following level, with the credit being calculated on the basis of the monthly service charge for the affected Services:
Service Availability Credit Percentage:
- 99.50 to 100.00% – 0% credit
- 99.49% to 98.00% – 10% credit
- 97.99% to 97.00% – 25% credit
- Less than 96.99% – 50% credit
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:
Circumstances beyond R5 Hosting’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA.
Failure of access circuits to R5 Hosting, unless such failure is caused solely by R5 Hosting.
Scheduled maintenance and emergency maintenance and upgrades.
DNS issues outside the direct control of R5 Hosting.
Issues with FTP, POP, or SMTP Customer access.
False SLA breaches reported as a result of outages or errors of any R5 Hosting measurement system.
Customer’s acts or omissions (or acts or omissions of others engaged or authorized by Customer), including, without limitation, custom scripting or coding (e.g. CGI, Perl, HTML, ASP, etc.), any negligence, wilful misconduct, or use of the Services in breach of R5 Hosting’s Terms and Conditions and Acceptable Use Policy.
E-mail or webmail delivery and transmission.
DNS (Domain Name Server) Propagation.
Outages elsewhere on the Internet that hinder access to your account. R5 Hosting is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. R5 Hosting will guarantee only those areas considered under the control of R5 Hosting: R5 Hosting server links to the Internet, R5 Hosting’s routers, and R5 Hosting’s servers.
Credit Request and Payment Procedures
In order to receive a credit, Customer must make a request therefore by submitting a ticket to our billing department via https://www.totalbusinesshosting.com/support. Each request in connection with this SLA must include Customer’s account number (per R5 Hosting’s invoice) and the dates and times of the unavailability of Customer’s service and must be received by R5 Hosting within seven (7) business days after Customer’s service was not available. If the unavailability is confirmed by R5 Hosting, credits will be applied to the next billing cycle after R5 Hosting’s receipt of Customer’s credit request. Credits are not refundable and can be used only towards future billing charges.
Notwithstanding anything to the contrary herein, the total amount credited to Customer in a particular month under this SLA shall not exceed the total server fee paid by Customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to Customer or collected by R5 Hosting and are Customer’s sole and exclusive remedy with respect to any failure or deficiency in the Service Availability of Customer’s service.
Credits are not refundable and can be used only towards future billing charges.
R5 Hosting operate a 60-Day Risk-Free Refund Policy
If you are not completely satisfied with your R5 Hosting Web Hosting or Reseller package, you have the right to a full refund (excluding any Set-Up Fees, Domain Name Registration Fees, SSL Certificates, and Overages).
To claim your refund, please contact Support via the helpdesk within the first 60 days of your plan.
Refunds will be made within 30 days of receipt of your ticket. Refunds are made by the same service you used to pay, eg. PayPal or Stripe.
If you have not received your refund within 30 days, or have any other refund related enquiry, please contact Support.
Successfully registered SSL Certificates and Domain Names are excluded from the refund policy as a cost is incurred on all registrations, and registrars offer no returns policy of their own. However, you will continue to own the Domain Name and/or SSL Certificate even if you cancel other R5 Hosting services.
Auto-Renewal of R5 Hosting services is also excluded from this policy. Please refer to the Auto-Renewal Policy for further details.
Under no circumstances will R5 Hosting allow a transfer of funds between accounts.
Refunds will not be given if any other R5 Hosting Terms and Conditions or policies have been contravened.
Our website collects some Personal Data from its Users.
Users may be subject to different protection standards and broader standards may therefore apply to some. In order to learn more about the protection criteria, Users can refer to the applicability section.
Types of Data collected
Among the types of Personal Data that our website collects, by itself or through third parties, there are: name, street address, city, county/state, country, postal/zip code, phone number, email address, phone number, web domain, profession, Usage Data, and IP address.
Personal Data may be freely provided by the User, or, in the case of Usage Data, collected automatically when using our website.
Unless specified otherwise, all Data requested by our website is mandatory and failure to provide this Data may make it impossible for our website to provide its services. In cases where our website specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact R5 Hosting.
Users are responsible for any third-party Personal Data obtained, published or shared through our website and confirm that they have the third party’s consent to provide the Data to R5 Hosting.
Mode and place of processing the Data
Methods of processing
R5 Hosting takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT-enabled tools, following organisational procedures and modes strictly related to the purposes indicated. In addition to R5 Hosting, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of our website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors of R5 Hosting. The updated list of these parties may be requested from R5 Hosting at any time.
Legal basis of processing
R5 Hosting may process Personal Data relating to Users if one of the following applies:
- Users have given their consent for one or more specific purposes. Note: Under some legislations R5 Hosting may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law.
- Provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof.
- Processing is necessary for compliance with a legal obligation to which R5 Hosting is subject.
- Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in R5 Hosting.
- Processing is necessary for the purposes of the legitimate interests pursued by R5 Hosting or by a third party.
In any case, R5 Hosting will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
The Data is processed at R5 Hosting’s operating offices and in any other places where the parties involved in the processing are located.
Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
If broader protection standards are applicable, Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by R5 Hosting to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with R5 Hosting using the information provided in the contact section.
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
Personal Data collected for purposes related to the performance of a contract between R5 Hosting and the User shall be retained until such contract has been fully performed.
Personal Data collected for the purposes of R5 Hosting’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by R5 Hosting within the relevant sections of this document or by contacting R5 Hosting.
R5 Hosting may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, R5 Hosting may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
The purposes of processing
The Data concerning the User is collected to allow R5 Hosting to provide its Services, as well as for the following purposes: Analytics, Displaying content from external platforms and Contacting the User. can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
The services contained in this section enable R5 Hosting to monitor and analyze web traffic and can be used to keep track of User behaviour.
WordPress Stats (Automattic Inc.)
WordPress Stats is an analytics service provided by Automattic Inc.
Personal Data collected: Cookies and Usage Data.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of our website, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalise the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
Contacting the User
By registering on the mailing list or signing up for a service, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning our website. Your email address might also be added to this list as a result of signing up to our newsletter or after making a purchase.
Personal Data collected may include: name, street address, city, county/state, country, postal/zip code, phone number, email address, phone number, web domain, profession, Usage Data, and IP address.
Displaying content from external platforms
This type of service allows you to view content hosted on external platforms directly from the pages of our website and interact with them.
This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.
Google Fonts (Google Inc.)
Google Fonts is a typeface visualization service provided by Google Inc. that allows our website to incorporate content of this kind on its pages.
The rights of Users
Users may exercise certain rights regarding their Data processed by R5 Hosting.
Users entitled to broader protection standards may exercise any of the rights described below. In all other cases, Users may inquire with R5 Hosting to find out which rights apply to them.
In particular, Users have the right to do the following:
- Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
- Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
- Access their Data. Users have the right to learn if Data is being processed by R5 Hosting, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
- Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
- Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, R5 Hosting will not process their Data for any purpose other than storing it.
- Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from R5 Hosting.
Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in R5 Hosting or for the purposes of the legitimate interests pursued by R5 Hosting, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether R5 Hosting is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
How to exercise these rights
Any requests to exercise User rights can be directed to R5 Hosting through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by R5 Hosting as early as possible and always within one month.
Applicability of broader protection standards
While most provisions of this document concern all Users, some provisions expressly only apply if the processing of Personal Data is subject to broader protection standards.
Such broader protection standards apply when the processing:
- Is performed by R5 Hosting based within the EU.
- Concerns the Personal Data of Users who are in the EU and is related to the offering of paid or unpaid goods or services, to such Users.
- Concerns the Personal Data of Users who are in the EU and allows R5 Hosting to monitor such Users’ behavior taking place in the EU.
Additional information about Data collection and processing
The User’s Personal Data may be used for legal purposes by R5 Hosting in Court or in the stages leading to possible legal action arising from improper use of our website or the related Services.
The User declares to be aware that R5 Hosting may be required to reveal personal data upon request of public authorities.
Additional information about User’s Personal Data.
System logs and maintenance
For operation and maintenance purposes, our website and any third-party services may collect files that record interaction with our website (System logs) use other Personal Data (such as the IP Address) for this purpose.
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from R5 Hosting at any time. Please see the contact information at the beginning of this document.
How “Do Not Track” requests are handled
Our website supports “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Should the changes affect processing activities performed on the basis of the User’s consent, R5 Hosting shall collect new consent from the User, where required.
Definitions and legal references
Personal Data (or Data)
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Information collected automatically through our website (or third-party services employed on our website), which can include: the IP addresses or domain names of the computers utilized by the Users who use our website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the website) and the details about the path followed within the website with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
User – The individual using our website who, unless otherwise specified, coincides with the Data Subject.
Data Subject – The natural person to whom the Personal Data refers.
Our website – The means by which the Personal Data of the User is collected and processed. This may include more than one R5 Hosting or Cerbero Ltd operated website or web-based application, across one or many servers and/or geographic locations.
Service – The service provided by our website as described in the relative terms (if available) and on our websites.
European Union (or EU). Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
Cookies – Small sets of data stored in the User’s device.
Legal information – This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).
Latest update: August 24, 2018
Only one voucher can be used per transaction.
Vouchers can be redeemed against the purchase of any R5 Hosting product and service unless otherwise stated.
Renewals and move away transactions are excluded.
Please refer to voucher code correspondence or marketing for details of the expiry date.
If the order value is lower than the value of the voucher, the remaining amount is lost.
R5 Hosting Discount Vouchers, unless stated, are restricted to one transaction per Customer.
A valid Debit / Credit card must be used when placing all orders that included a discount voucher.
It is standard practice in the hosting industry to implement “Domain Parking” which is when holding pages are placed on unused or expired domain names.
This prevents an unused or expired domain name resolving to a blank page, and the holding page will contain advertising listings and links as relevant as possible to the domain name itself and targeted to the predicted interests of the visitor.
If you do not wish domain parking to be implemented on a domain name you have hosted with R5 Hosting, please contact Support, and we will arrange for removal.
Before you sign up for any domain name with us, you must explicitly assert that to your knowledge you are not abusing any trademark or other statutes. If in doubt seek legal advice.
The R5 Hosting complaints procedure has three stages, which are detailed below. We aim to resolve the majority of complaints at stage one, but if you remain unhappy, you may take your complaint to the second or third stage.
Please contact Support.
Once you have outlined the problem, we will:
- Try to deal with the complaint on the spot where it is straightforward and easily resolved. We will also ensure that we investigate what led to the complaint to see whether there are any actions we can take to avoid a similar problem arising again.
- For more complex complaints, we will carry out a thorough investigation, and where we have made a mistake, we will try to put it right. We will advise you of any conclusion that will be used to improve our service.
- Where we have to seek further information on a complaint we will advise you when a response can be expected if for any reason the complaint cannot be addressed within the given time period.
- Where the complaint is about something outside our control, we will advise how the issue can best be taken up and with whom if we can.
If you are unhappy with the response you have received at stage one, you can go to the next stage of the complaints procedure and refer your complaint to the relevant senior manager. To ensure that your complaint is now dealt with at stage two clearly mark it as a “Stage Two Complaint”.
A senior manager will then investigate your complaint and aim to give you a response within 20 working days.
If you are still not happy with the response you have received, you can ask for your complaint to be dealt with by the R5 Hosting Management Team and CEO. Your complaint will be heard at the first available time, and we will aim to give you a response within 20 working days. Again, please ensure that you highlight this as a “Stage Three Complaint”.