Gnu-Host.com (also referred to as 'the Company', in the proceeding text) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Gnu-Host.com Service constitutes acceptance and agreement to Gnu-Host.com AUP (Acceptable Usage Policy) as well as Euclid Services Ltd. TOS policy (Terms of Service).
Dependent on subscribers’ fulfilment of fee obligations for their subscribed services, Gnu-Host.com will provide Hosting Services and Support Services subject to the standards outlined in this agreement.
Subscriber must use reasonable security precautions during use of their services. This includes but is not limited to, proper updating and security patching of web applications installed and running within our datacentre; comply with Gnu-Host.com Acceptable Usage Policy; cooperate with Gnu-Host.com staff in case of required investigation of security service outage, due to security breaches within your hosting; ensure that billing and other account information remains up to date; pay service fees before due date specified on invoice.
You are responsible for any activity or actions performed through this provided account, subject to the terms of services outlined on this page. By subscribing to our services, you are agreeing that the services rendered are solely for your use and not any third party. Gnu-Host.com holds no discrimination towards any groups, whether it be nationality, gender, or age. You are however responsible to ensure that the rules and regulations applied by these terms and conditions comply with your local the two conflict laws, in this case.
To use Gnu-Host.com services, you are required to provide the full and valid account information as requested in the signup process. Should there be any changes during the subscription period in respect to your account and/or company information, you are responsible to make the required adjustments in the 'Client Area' portal. As a client of Gnu-Host.com, you are required to provide only accurate information regarding your identity. In the case of suspected false representation Gnu-Host.com reserves the right to request proof of identity prior to delivering services in the form of legal documentation i.e. Scanned ID, Passport, and/or Credit Card used in the purchase to ensure the safety of the existing client base and infrastructure of Gnu-Host.com. Failure to provide legal documentation upon request within 48 hours will result in the cancellation of the Account.
Gnu-Host.com also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Gnu-Host.com facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Gnu-Host.com does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Gnu-Host.com has the right to directly take action against a customer of a subscriber. Also, Gnu-Host.com may take action against the Gnu-Host.com subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Gnu-Host.com anticipates that subscribers who offer Internet services will cooperate with Gnu-Host.com in any corrective or preventive action that Gnu-Host.com deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Gnu-Host.com policy.
Gnu-Host.com holds the right to restrict use of services. We reserve the right to refuse service to anyone at any time for any reason.
Gnu-Host.com has developed an Acceptable Use Policy ("AUP"), which is hereby incorporated by reference in this agreement, supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Gnu-Host.com services. This AUP will be revised from time to time. A customer's use of Gnu-Host.com services after changes to the AUP are posted on Gnu-Host.com web site, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes. In the event of a dispute between Gnu-Host.com and Customer regarding the interpretation of the AUP, Gnu-Host.com commercially reasonable interpretation of the AUP shall govern.
All IP addresses which are assigned to subscriber must be justified per RIPE Guidelines. If it is determined that IP addresses which have been assigned to subscriber are not being used in accordance with these guidelines, they may be revoked. Purchase of additional IP addresses, is possible, only with explicit justification of the reason IP address is required. We reserve the right to deny requests for IP addresses, under our sole discretion.
Subscriber agrees to maintain a current copy of all content hosted by Gnu-Host.com not withstanding any agreement by Gnu-Host.com to provide backup services. Gnu-Host.com is not responsible for the completeness, integrity, or freshness of your account(s) backup, and Gnu-Host.com will accept no liability for any data loss from your hosting account whatsoever, and is not required to provide any backups if data loss was to occur. Gnu-Host.com recommends you have your own backup system in place as a secondary measure of precaution.
Cyclone Networks Ltd, supplier or equipment to Gnu-Host.com, is the sole owner of the equipment used by the subscriber. The subscriber has no rights on the equipment used, and physical access to equipment, and datacentre, by customer is strictly prohibited.
Subscriber agrees to engage Gnu-Host.com staff in a professional manner. This includes all communication mediums, such as email, helpdesk tickets, live chat, and telephone communication. Gnu-Host.com does not tolerate abuse of any kind towards its employees. This includes all verbal harassment, yelling, swearing, rudeness, threats to sue, threats to publicly post, threats to initiate chargeback, and any intentionally disruptive behaviour directed at Gnu-Host.com staff. Any abuse will be construed as a violation of this Terms of Service agreement, and a single warning will be issued in case of violation. If abusive communication continues after aforementioned single warning, we reserve the right to suspend or terminate your account without refund.
Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all Gnu-Host.com customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. Gnu-Host.com reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason.
Subscriber agrees that payments for services incurred at Gnu-Host.com, shall be paid by valid payment method. Payment methods accepted by Gnu-Host.com include Credit Card (MasterCard and Visa), PayPal, and Wire Transfer. Payments via any other payment method beyond the aforementioned, will not be accepted. Subscribers’ first payment for ordered services, upon subscribing for the first time, will only be accepted upon completion of a security check to protect against fraudulent orders. Subscriber agrees that Gnu-Host.com is authorised to proactively charge any subsequent renewals, monthly, annual, or other, using payment method on file.
All new Gnu-Host.com subscribers are eligible for a 14-day money back guarantee on Shared Hosting, Reseller Hosting, and Cloud Servers. For all other products without exception, there are strictly no refunds. This includes, but is not limited to, domain registrations, SSL certificates, 3rd party software licensing, managed support plans, Dedicated Servers, Custom Cloud products. The definition of a new customer is one who has never purchased services from Gnu-Host.com in the past. Money Back Guarantee is applicable only for single purchases. If subscriber purchases a 2nd, 3rd, etc. hosting package, and wishes to cancel the first hosting package, they are not eligible for a refund. If the TOS/AUP agreed upon when ordering is violated in any way, this retracts eligibility for the 14 Day Money Back Guarantee. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to one (1) week to process. Wire Transfers are not refundable any circumstances (including during the money back guarantee period, if one applies), and refunds will be posted solely as credit to the hosting account for current or future Services. It is up to our sole discretion to reserve the right to deny any refund request if we feel abuse of services has occurred in any way, and Gnu-Host.com reserves the right to deny and refund request, regardless of the circumstances.
The term of service is selectable by subscriber during the ordering process on our publicly accessible shopping cart. Term can also be adjusted post-signup via subscriber request to Gnu-Host.com for term adjustment. The term begins upon the processing of subscriber’s order. Successful order processing is subject to payment of referenced order invoice. Unless subscriber specifies otherwise through either (i) cancellation notice within acceptable notice period; (ii) request for term augmentation; the term, in length equal to its prior term, will renew automatically.
Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account's anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on October 31st, this account may be modified on the 31st of each month once the original commitment is over). Service upgrades, however, may take effect at any time.
Subscribers that wish to dispute a payment, must send an email directly to email@example.com whereby issue will be researched, and investigated by account managers. If this step is skipped, and payment dispute and/or chargeback is executed with his/her credit card issuing bank and/or PayPal (“Dispute”), said subscribers account will be immediately suspended pending investigation of the issue. Gnu-Host.com has a zero tolerance policy for chargebacks. Any customer who disputes a credit card or PayPal payment, agrees to pay a “Reactivation Fee” of 75 GBP for services to be unsuspended, regardless of the outcome of dispute. We reserve the right to deny renewal of our services to any subscriber who issues a chargeback.
Gnu-Host.com reserve the right to increase its fees for services effective the first day of a renewal term. Gnu-Host.com will give customers at least a thirty (30) day notice of impending price increases prior to the issuance of their terms’ renewal.
Invoices must be paid by their respective due date. All invoices have clearly defined due dates which are visible on said invoices. Subscribers that have not paid their fees by notated due date as specified on the invoice, understand that they are in breach of this agreement; accounts that are in arrears for 3 or more days will be subject to automatic service suspension. Reactivation of services that have been suspended due to late payment, is possible, only after full settlement of past due invoices, and the payment of a 10 GBP reactivation fee. Accounts that are over 14 days, are subject to immediate termination. Backups will be held for 14 further days, pending total deletion. Account restoration from archived backups are subject to a 175 GBP restoration fee. If an invoice is overdue, the account owner will be subject to a payment of at least 10% of the invoice as an additional fee.
Subscribers whom are residents of the European Union must pay applicable VAT (20%). Those subscribers that purchasing on behalf of a registered company, are excluded from VAT charges, granted that a valid Europa VAT number is provisioned to our accounts team during signup.
You agree that Gnu-Host.com may suspend your services without liability if (i) we reasonably believe that the services you have subscribed to are being used in violation of our AUP (Acceptable Usage Policy); (ii) you have unpaid, overdue invoices within your client area portal; (iii) your services are being used to carry out attacks on other servers, or your services are under attack, or your services are in any way, wilful or not, affecting the quality of service of other customers.
Gnu Host utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using one-way hashed information.
Subscriber acknowledges that a minimum of 14 days (30 Days’ Notice is required for Dedicated Servers) cancellation notice prior to the renewal of subscribed term must be made. Notice of cancellation can be made subject to the following guidelines: Cancellation Request can be submitted to the billing department by emailing firstname.lastname@example.org. Cancellation Request can be submitted to the billing department by clicking the “Request Cancellation” button within the specific service page of subscribed service, that subscriber wishes to cancel. Subscribers that pay Gnu-Host.com via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. Gnu-Host.com (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.
GNU-HOST.COM DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW GNU-HOST.COM DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
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 GNU-HOST.COM 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 ONE MONTH OF SERVICE. GNU-HOST.COM RESERVES THE RIGHT FOR UNLIMITED, UNPLANNED DOWNTIME. ALL ISSUES IN REGARDS TO SERVERS, DOWNTIME, DATA LOSS OR SERVER SPEEDS MUST BE RESOLVED WITH CYCLONE NETWORKS LTD (CYCLONE-NETWORKS.COM), THE PROVIDER OF GNU-HOST.COM SEVERS AND SERVICES. GNU-HOST.COM WILL NOT ACCEPT LIABILITY FOR ANY PROBLEMS WITH SERVERS, INCLUDING, BUT NOT LIMITED TO, DATA LOSS, DOWNTIME, SECURITY BREACHES AND SERVER SPEED.
Customer agrees to indemnify and hold harmless Gnu-Host.com, Gnu-Host.com 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 legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of 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. All legal action MUST be taken against Cyclone Networks Ltd (cyclone-networks.com), providers of Gnu-Host.com servers. Gnu-Host.com will NOT be subject to any legal dispute between the Customer and Gnu-Host.com. This must be taken up with Cyclone Networks Ltd.
Gnu-Host.com shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Gnu-Host.com 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 labour action, terrorist activity, assassination or attempt thereof, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Gnu-Host.com reserves the right to augment the above and below terms of service at any time. Such changes will become effective and binding immediately after their posting on The Gnu-Host.com website. By continuing to use Gnu-Host.com services after any posted revision, all subscribers agree to abide by it. It is the Customer’s responsibility to regularly check the Gnu-Host.com Terms of Service, Terms and Conditions, AUP and all other policies for updates, amendments and changes. The user will not always be notified of changes, especially if the changes are minor. Each policy, including, but not limited to, the Terms of Service, Terms and Conditions and AUP will not change more than once per day.
The subscriber agrees that this Agreement shall be governed in all respects by the laws and courts of United Kingdom. Subscriber agrees that any claim or dispute that may arise against Gnu-Host.com must be resolved by a court located in United Kingdom. All legal disputes must be taken up with Cyclone Networks Ltd. (cyclone-netoworks.com), the provider of Gnu-Host.com servers. Gnu-Host.com will not hold any responsibility for a problem which may lead to a legal dispute.
Gnu-Host.com (also referred to as 'the Company', in the proceeding text) has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Gnu-Host.com services. This AUP will be revised from time to time. A customer's use of Gnu-Host.com services after changes to the AUP are posted on Gnu-Host.com web site, https://gnu-host.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes. Gnu-Host.com reserves the right to amend, change, or modify Terms of Service without notifying the customers. Any modifications to the 'Terms of Services' Agreement as displayed on our site will take immediate effect.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Gnu-Host.com, but also because it can overload Gnu-Host.com network and disrupt service to Gnu-Host.com subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Gnu-Host.com has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. We reserve the right to terminate any account engaged in spam, while operating an open SMTP relay. Spamming violations that result in a blacklisting of an IP address, will be assessed a 150 GBP clean-up fee.
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Gnu-Host.com is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Gnu-Host.com policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Using Gnu-Host.com networks to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material deemed illegal by courts of European law. Gnu-Host.com is required by law to notify law enforcement agencies in the event of child pornography on or being transmitted through Gnu-Host.com network. We will notify the authorities and provide them with your complete contact information as well as all logs required to successfully prosecute child pornography cases, including your home IP numbers, logs of all activities, payment details, and any/all information we have on file.
You are expected to conduct yourself in a professional manner while dealing with our support staff, just as we are expected to treat you with respect and professionalism. Using our helpdesk as a means to transmit or post defamatory, harassing, abusive, or threatening language towards our staff shall result in suspension and subsequent termination of services.
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message shall result in suspension and subsequent termination of services. Should we detect you using our servers to SPAM, we reserve the right to suspend your account.
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment. Such activities shall result in suspension and repeated offences will result in subsequent termination of services.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software. Such activities shall result in suspension and subsequent termination of services.
Gnu-Host.com does not permit its subscribers to host adult material on our Shared Hosting, Reseller Hosting, and Cloud Server products. If subscribers wish to host adult content on our network, a Dedicated Server is required as a minimum.
Gnu-Host.com will absolutely not be held accountable for information stored on Gnu-Host.com servers. Customer is 100% responsible for all data stored under his account / control. Proof positive of a customer's access & knowledge of data stored on said servers includes FTP logs, login logs, and payment/signup confirmations. We record and store IP's used to access our systems, and will forward said information to law enforcement if request follows due process of law.
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. Downloading pirated software using P2P applications shall result in immediate termination of services. You are not permitted to use Gnu-Host.com networks and servers, to pirate software illegally. Software piracy is a crime, and we will forward details of violators to authorities upon discovery. We regularly scan our servers for pirated software i.e. 'warez'.
Engaging in activities, whether lawful or unlawful, that Gnu-Host.com determines to be harmful to its subscribers, operations, and reputation, goodwill, or customer relations is not permitted and will be met with suspension of one’s account. Gnu-Host.com subscribers are not permitted to cause disruption to other users by way of inbound DDOS/DOS attacks. Subscribers who are attacked by DDOS/DOS shall be null routed to prevent damage to our network and other users and overage charges may be levied if resource threshold has been passed. We do not provide DDOS/DOS friendly hosting and do not provide haven to sites which are considered 'DDOS magnets'.
Gnu-Host.com products may have limitations on both the bandwidth and/or throughput you may use. These limitations are generally set out on your Order Form, i.e. “Monthly Bandwidth”. Going above such limitations falls under this clause and is subject to a fee. While leasing services, you may not use the services in a way that jeopardizes our ability to provide services to our customers or alters in any way the stability of our network. Should we determine that you have used our services in such manner, we reserve the right to limit your services without preliminary notice to minimize these effects. Following our limitation of this use, we will notify you in writing of steps you may take to mitigate these effects. All breach of limitations will carry a fee. This fee is determined calculating your usage and damages caused. The fees are available at your request from our administration department. If you do not accept these steps, we reserve the right to impose permanent limitations on your use of the services & carry out legal actions. To clarify, bandwidth is the amount data transferred to and from your service. Every time someone visits your site, they are downloading the home page and use that much bandwidth. Every time someone downloads i.e. 500KB from your account, they are using 500KB of bandwidth from your account.
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.
We collect information from you when you register on our site, place an order, subscribe to a newsletter, Open a Support Ticket or enter information on our site. Provide us with feedback on our products or services by opening a support ticket on our site.
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways: • To improve our website in order to better serve you. • To allow us to better service you in responding to your customer service requests. • To quickly process your transactions. • To send periodic emails regarding your order or other products and services.
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.
We do not sell, trade, or otherwise transfer to outside parties, or condone thereof, your Personally Identifiable Information.
We do not include or offer third-party products or services on our website.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548. We have not enabled Google AdSense on our site but we may do so in the future.
• By logging in to your account
We honour Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
No. It's also important to note that we do not allow third-party behavioural tracking
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.We do not specifically market to children under the age of 13 years old.
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information. In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur, you will be notified by one of the following methods: We will notify you via email • Within 14 business days. We will notify the users via in-site notification • Within 30 business days. We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We collect your email address in order to: • Send information, respond to inquiries, and/or other requests or questions. • Process orders and to send information and updates pertaining to orders. • Send you additional information related to your product and/or service. To be in accordance with CANSPAM, we agree to the following: • Not use false or misleading subjects or email addresses. • Identify the message as an advertisement in some reasonable way. • Monitor third-party email marketing services for compliance, if one is used. • Honour opt-out/unsubscribe requests quickly. • Allow users to unsubscribe by using the link at the bottom of each email.