Terms & AUP
Terms & Conditions
This website is operated by the ironservers. Throughout the site, the terms “we”, “us” and “our” refer to (theironservers) offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service without notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 5 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may be from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
SECTION 7 - PERSONAL INFORMATION
SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 9 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, its content and services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall theironservers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 11 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless theironservers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 12 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 - REFUNDS
You may receive a refund if you request cancellation within the initial 7 days after sign up of your first service with us (refunds do not apply to VPS packages beginning with Stor (OpenVZ Storage) & X (OpenVZ Extreme)). If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to additional IP addresses, custom upgrades, add ons, third party licenses and domains. Recurring payments will not be refunded on renewal, you should issue cancellation request 8 days prior to next due date and/or cancel your billing agreement or remove the card on file from client area. Issuing a dispute or chargeback will result in suspension and/or termination of your account including all related services.
SECTION 14 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 15 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 17 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
Acceptable Usage Policy
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
You may NOT publish or transmit via our services any content that we reasonably believe:
- - constitutes child pornography
- - constitutes illegal pornography
- - is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
- - is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes
- - is defamatory or violates a person’s privacy
- - creates a risk to a person’s safety or health, creates a risk to public safety or health
- - compromises national security, or interferes with a investigation by law enforcement
- - improperly exposes trade secrets or other confidential or proprietary information of another person
- - is intended to assist others in defeating technical copyright protections
- - clearly infringes on another person’s trade or service mark, patent, or other property right
- - promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking
- - is a peer 2 peer file sharing application that demands high bandwidth and cpu resources.
- - is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to theironservers
- - We restrict the use of any IRC servers being hosted on our servers, IRC clients/bouncers are however allowed
- - You must obtain our approval of any bulk commercial e-mail which will require our reasonable satisfaction by providing the requested information
- - You may not send unsolicited emails either in bulk or individually to any person or company.
- - You may not distribute, publish or otherwise copy any work protected by copyright laws unless you have been given explicit authorisation or hold appropriate license.
- - You may not use our network in a way that unreasonably interferes with other customers use of the network.
- - You may not attack, make threats or act in an inappropiate manner towards our staff.
- - You may not run the following applications or any similar applications such as Card Servers, Public Proxies, Port Scanning, Brute Forcing, DDoS & other illegal activities.
- - You may not run any intensive disk IO/CPU, DDoS prone applications including but not limited to Camfrog, Mining & Video Encoding.
- - TOR exits are strictly prohibited and will result in instant termination, relays (max 50Mbps in+out) & clients are allowed
Each web hosting & VPS hosting is given "fair-share" usage on the server. In most cases CPU, disk & bandwidth will sit idle. Each VPS has access to several vCPU(depending on your plan) and can use the full processing power as and when required, since you sharing the CPUs with other clients on the node we have a fair share usage limit. If your VPS happens to cause issues to other clients on the node your VPS will be suspended and notified and asked to make changes to ensure it doesn't happen again. In addition, your server must not exceed the maximum load allowed which is determined by the amount of CPU Cores you have. If you have 4 vCores then the maximum load allowed at any given time would be 4.00.
We are under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of our network.
If you believe your copyright is being infringed by a person using our services, please send your written notice of copyright infringement to firstname.lastname@example.org.
In addition to the general terms and conditions, additional terms are applicable to all .UK domain registrations/transfers.
- Nominet's Terms & Conditions for .uk, co.uk, org.uk, me.uk and ltd.uk domains: http://www.nominet.uk/go/terms
- For domain enquiries, abuse notification (i.e. phishing scams, spam emails etc) and complaints, please contact our noc team, email@example.com.
- All complaints will be investigated immediately, we will aim to reply to all other queries within 3 business days and aim to resolve any issues within 7 working days.
- We like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve on our services with valid feedback from you, our customers. If you wish to make a complaint about a service you have received, please refer to our complaints procedure here: https://my.theironservers.com/knowledgebase/21/Complaints-Procedure.html.
- If you’re not happy with the initial outcome of your complaint, then please feel free to escalate your .UK issue to Nominet (the .uk registry) here: https://www.nominet.uk/resources/complaints
- Renewals, we will email the contact of the account 30 days before your domain name is due to expire to ensure you have optimum time to evaluate if you would like to keep the domain name. Should you wish to keep the domain name, you simply need to reply to one of the automated emails confirming you are happy to renew.
- You, the client are responsible for ensuring we have the correct contact details for your domain name and theironservers takes no responsibility if your domain name renewal fails due to your contact details being incorrect.
- We will assume that a lack of response to renewal reminders is confirmation that you no longer need or require the domain name and after 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee of £25 + VAT. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar. theironservers will not guarantee the renewal of a domain name.
- By purchasing or renewing a domain via theironservers, you are accepting our terms and conditions.