Dedicated Expert Team
Services Terms and Conditions
This policy is subject to change, so please check regularly for updates. This policy is in addition to +1Horizon Terms & Conditions.
- Use of Services
- +1Horizon reserves the right to suspend or cancel a customer's access to any or all Services provided by +1Horizon, where +1Horizon decides that the account has been inappropriately used. +1Horizon reserves the right to refuse Services and/or access to its servers to anyone.
- +1Horizon offer unlimited web space and bandwidth with some account types. By this, we mean unlimited space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any material which does not comply with our content guidelines (see section 3).
- +1Horizon provides unlimited, burstable bandwidth and Burstable RAM with some of the services and for these resources we require that you do not continuously use an unreasonable excess of such resources. Use of them in a temporary, burstable fashion is acceptable.
- +1Horizon offer large numbers of mailboxes with some account types subject to a fair use policy. Mailboxes are intended for direct use by the package owner and should not be resold or offered for use by third parties. Should the number of active mailboxes assigned to an individual package exceed 49, +1Horizon reserve the right to restrict the number of mailboxes included in the package price.
- +1Horizon reserve the right to delete mailboxes (including contents) that are deemed inactive, i.e. have not been accessed within the last 180 days.
- +1Horizon will suspend access to, or cancel, an account which:
- Contains invalid or fraudulent details.
- Initiates a payment card chargeback.
- You agree;
- not to re-sell or offer for the use of third parties any part of our services, unless you have purchased a reseller package or dedicated server.
- Acceptable use guidelines
- You may not use the Services:
- in any way that breaches any applicable regulation , UK or International law.
- in any way that is fraudulent;
- to host any material which is in breach of our content guidelines (see section 3);
- to transmit, or otherwise permit any unsolicited or unauthorised advertising or promotional material or any other form of similar marketing material ,also known as SPAM or Unsolicited Commercial E-mail (UCE)
- to publish or otherwise distribute Warez, copywritten or other illegal material. The onus is on You the customer to prove that You own the rights to publish material, not for +1Horizon to prove that You do not.
- to participate in any file-sharing/peer-to-peer activities;
- as a file backup store. All files uploaded to a domain on our servers must be visible and accessible by visiting that domain, unless they are hidden files needed to operate the website; we reserve the right to delete files which do not match these criteria without giving notice to you.
- to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy Services, anonymous or otherwise, are not allowed.
- to use an excessive amount of server resources. These include bandwidth, processor utilization and / or disk space.
- to offer HTTP downloads from your site, other than where the files are directly related to the subject matter of the site. We recommend you stream any multimedia content including audio and video files. Any downloads offered by You under this clause are subject to sections 1.2, 2.1.6, and 2.1.10 of this Acceptable Use Policy. +1Horizon reserves the right to archive any download content we do not believe to be necessary for the normal operation of the site, and the definition of this is entirely at the discretion of +1Horizon.
- to redirect users from a non-.XXX website to a .XXX website
- in any way that +1Horizon deems to be unfair, or You have deliberately taken unfair advantage of +1Horizon or any of its customers.
- in any way that exceeds any storage quotas outlined by +1Horizon for specific product or services.
- You may not use the Services:
- Content guidelines
- These content guidelines apply to any and all services provided by +1Horizon to You.
- Material published to or transmitted through our servers must:
- be accurate (where stating facts);
- comply with applicable law in accordance with section 2.1.1 of this policy.
- Material must not:
- be defamatory of any person;
- be obscene, offensive, or inflammatory;
- contain any adult material with the exception of content hosted on .XXX domains. Adult material includes all pornography; or otherwise lewd or obscene content. The designation of 'adult material' is left entirely to the discretion of +1Horizon.
- material hosted on .XXX domains must not breach any of the IFFOR policies. These include, but are not limited to:
- .XXX registrants must not display any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, depicting child pornography as defined in the United Nations Convention on the Rights of the child.
- .XXX registrants must agree to permit automated monitoring of their sites by IFFOR or if applicable, any other recognised third party for compliance with IFFOR policies, including without limitation, IFFOR policies requiring site labelling, prohibiting child pornography, and prohibiting content or conduct designed to suggest the presence of child pornography. Registrants must agree not to employ technological or other means to defeat or prevent such monitoring.
- No registrant shall use or permit use of a .XXX domain name for or in connection with email spoofing, phishing, spam, or other forms of malicious behaviour, in accordance with specifications and policies issued by IFFOR from time to time.
- No registrant may register an abusive string in the sTLD including, without limitation, strings that infringe the intellectual property rights of a third party, including common law trademark rights; strings that are obvious variants of well-known trademarks not belonging to the registrant; first and last names of an individual other than the individual or his/her agent or names that suggest the presence of child pornography.
- infringe any copyright, or trade mark.;
- be likely to deceive any person;
- promote or assist any illegal activity;
- be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- be used to to misrepresent your identity or affiliation with any person or organization;
- You must ensure that any end-user submitted content such as forum posts or chat room entries meet with the standards defined within this Policy.
- Enforcement
- We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of +1Horizon Services. When a breach of this policy has occurred, we may take such action as we deem appropriate in accordance with section 1.1 of this Acceptable Use Policy.
- Failure to comply with this Acceptable Use Policy constitutes a material breach of our Terms and Conditions upon which you are permitted to use +1Horizon Services, and may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use +1Horizon Services;
- immediate, temporary or permanent removal or archiving of any content in breach of our Content Standards (as defined in section 3 of this Acceptable Use Policy) uploaded to our servers;
- issue of a warning to you;
- issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
- General
- +1Horizon have a Police Liaison function and we are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.
- Contact Information
- We are happy to answer any questions You may have regarding Your +1Horizon Services. Please note that any discussions with +1Horizon Internet Ltd are treated in strictest confidence, so we may need to ask You security questions to confirm that we are speaking to the right person.
- Privacy policy
- Your right to privacy is very important. +1Horizon recognise that when You choose to provide +1Horizon with information about Yourself, You trust +1Horizon to act in a responsible manner. We believe this information should only be used to help +1Horizon provide You with a better Service. That's why we have put a policy in place to protect Your personal information which you can read by clicking on the link below.
privacy policy
- Your right to privacy is very important. +1Horizon recognise that when You choose to provide +1Horizon with information about Yourself, You trust +1Horizon to act in a responsible manner. We believe this information should only be used to help +1Horizon provide You with a better Service. That's why we have put a policy in place to protect Your personal information which you can read by clicking on the link below.
+1Horizon is committed to providing the highest standard of customer service to all our customers. However, in the unlikely event of a problem or complaint, we will do everything possible to ensure it is dealt with quickly and fairly.
Not a +1Horizon customer?
If you are not a +1Horizon customer and have a complaint relating to any third party (for example relating to the content of a website hosted by a +1Horizon customer). Our customer support agents will be unable to assist you directly.
Please send details of your issue or query to our misuse team misuse@artibirhorizon.net.tr
Submitting a complaint via the website
You can raise a complaint via the 'Submit a Question' form available via the Contact Us link on your control panel.
Step 1:
Log into the support section of your Control Panel
You should expect to receive a response to your query within seven working days of us receiving your correspondence.
Step 2:
Click on 'Contact Us'. This will open the contact form.
Step 3:
In the section of the form marked 'Question' please include details of your complaint, to enable us to deal with your complaint more effectively, please provide as much detail as possible, please also include a daytime contact number in your request, as one of our Managers will need to contact you to discuss your complaint.
Step 4:
On the Product drop down menu, please select 'Your Account'.
Step 5:
On the Category drop down menu, please select 'Raise a Complaint'.
Step 6:
Click on the 'Continue' button, which will submit your complaint. You will receive a unique reference number on submission of this request, please keep a note of this number for your records.
By Telephone
Please contact us on +90 (224) 552-0081 and speak to someone from the department you feel is most relevant to your complaint, technical support, billing, sales etc. If our Support agents are unable to resolve your complaint, they will refer your complaint directly to their manager. Upon receipt of your complaint, the relevant manager will investigate the complaint and contact you directly, alternatively we may arrange for one of our Customer Relations Managers to contact you if the departmental manager is not readily available.
In writing
We can also be contacted in writing, at the address below:
+1Horizon Customer Care
Discovery House
154 Southgate Street
Gloucester
GL1 2EX
United Kingdom
Please include your account number and as much detail as possible in your request, so we can fully investigate your concerns before contacting you.
If we don't resolve your concerns first time
If you feel we have been unfair or unreasonable in addressing your concerns, you can ask for your complaint to be referred to our Customer Service Manager for further review.
In order to efficiently process your report we need you to send as much information as possible and your contact email address and phone number. Below are details that we will need from you when investigating internet misuse. Reports will not be investigated until the below details are received, so if any of the below is missing from your report, please re-send the information.
- Reporting port scanning, attempted hacking and firewall activity
- Where your report is based upon information obtained from a firewall, please ensure that you send the relevant unedited firewall log (or excerpt). Please ensure that the log includes the time, date and time zone.
You also need to confirm that the clock on your PC is accurate and that you are using the correct time zone for your locale. If your clock is inaccurate please indicate how many minutes and seconds wrong it is (There is an online clock website to check your PC clock here: http://www.timeticker.com/main.htm).
Screenshots or image files will not be accepted as evidence of a system intrusion.
If you see any other misuse on your own servers originating from a +1Horizon IP Address, then please send us the following information:
Your URL, your web server log, shows the IP Address, Time, Date and Time zone of the IP Address logging into your server and any details of the misuse that has taken place.
- Reporting email / newsgroup misuse (including spam)
We require the full header and content of the Email/Newsgroup post. The header enables us to trace the journey that an Email/Newsgroup post has made from the computer it originated from to the computer it was downloaded to. Please see below for instructions on retrieving full mail headers within Microsoft Outlook. If you use another mail client, Please check your providers support documentation for this information.
To retrieve headers in Outlook (with the email not opened in your inbox):
Right click on a message and choose "Options"
From pop-up box, copy all from "Internet Headers" window
Close pop-up box
Right click on the message again and choose "Forward"
Paste headers into the top of the pop-up email forward window
- Send to misuse@artibirhorizon.net.tr
To retrieve email headers from Outlook Express for Windows:
With the mail unopened in your inbox
Right click on the mail
Choose properties
Click on the 'details' tab at the top of the 'pop-up' box
Press "message source"
- Copy the contents of the new window and paste it into your email to misuse@artibirhorizon.net.tr
To retrieve email headers from Outlook Express for Macintosh:
With the mail unopened in your inbox
Click View
Click Source
To select all use: command + a
To copy use: command + c
To paste the header use: command + v
Paste the contents into a new email addressed to misuse@artibirhorizon.net.tr
- Reporting virus activity
If you have received or been infected by a virus, worm or Trojan please note that +1Horizon are unable to offer any support in their removal. We recommend that you install Anti-Virus software and ensure that it is updated regularly.
- Reporting web space abuse
If you become aware of any web space hosted by +1Horizon that you feel is in contravention of our Terms and Conditions or Acceptable Use Policy, then please email us with the details. Please see https://www.artibirhorizon.net.tr for full details of our terms and Acceptable Use Policy.
Please send the following information:
The URL (such as www.artibirhorizon.net.tr), the time and date that you noticed the infringement, any details regarding how you came to view the material and a precise description of why you believe the domain to be in breach.
+1Horizon actively report any illegal activities that take place on our servers to the Police. +1Horizon also work with the Internet Watch Foundation to ensure that any images of child abuse are removed from our service and reported as soon as we are made aware, in line with current working practices.
The law on cookies demands that you, as a website user, are given the opportunity to understand how cookies are used on our websites and consent to cookies being stored on your computer (laptop/mobile/tablet).
What are cookies?
A cookie is a small text file, typically of letters and numbers, downloaded to your computer when you access websites. Typically, they contain the following information: a site name and unique user ID, the duration of the cookie's abilities and effects, and a random number. As a rule, cookies cannot be used to reveal your identity or personally identifying information.
When you visit a website that uses cookies for the first time, a cookie is downloaded onto your computer. The next time you visit that website, your computer checks to see if it has a cookie that is relevant and sends the information contained in that cookie back to the website. The website then notes that you have been there before, and in some cases, tailors what pops up on screen to take account of that fact. They also might record how long you spend on each page on a site, what links you click, even your preferences for page layouts and colour schemes.
Generally, the role of cookies is beneficial, making your interaction with frequently-visited sites smoother with no extra effort on your part. Without cookies, online shopping would be much harder. Without cookies, some websites will become less interactive with the cookie option turned off.
Most common cookies
Session cookies
These cookies expire when you close your web browser (Internet Explorer, Firefox, Safari, Google Chrome). These cookies are used for various reasons, for example, remembering what you have put in your shopping basket as you browse a website. They can also be used for security to access your Internet banking or email.
Persistent cookies
These cookies are still stored on your computer after you have closed your web browser which allows your preferences on websites to be remembered. These cookies are used for a variety of purposes, for example, remembering your preferences on a website (your language choice or your user name on a particular website).
First and Third Party cookies
This refers to the website placing the cookie. First party cookies are cookies set by the website you are visiting. Third party cookies are set by another website; the website you are visiting may have advertising on the page and this other website will be able to set a cookie on your computer. Third party cookies on the main web browsers allow third party cookies by default. Changing the settings on your browsers can prevent this.
Exceptions
There are some exemptions to the above where it is essential for a website to store information on your computer, for example, to provide a service to you that you have requested.
Our use of cookies
We use cookies to improve your experience on our websites and for functionality purposes, for example, if you choose to buy any of our products and services, you must consent to us placing a cookie on your computer;
We also use cookies to understand your usage of our website;
We have partners who have referred clients and in using cookies, we track referred sales so we can compensate our partners accordingly;
- We also use cookies for remarketing purposes, for example, once you have been on the +1Horizon website and then you visit another website which has Google adverts, you will see a +1Horizon advert to remind you of our products and services.
This statement is made on behalf of +1Horizon Internet Limited ('+1Horizon') pursuant to section 54(1) of the Modern Slavery Act.
+1Horizon recognises that modern slavery and human trafficking are significant issues presenting a challenge for businesses. We are committed to improving our practices to combat slavery and human trafficking.
We take a zero-tolerance approach to modern slavery, being committed to acting ethically and with integrity in our business dealings.
Organisation structure
+1Horizon is a web hosting company owned by United Internet. Within the applications segment of United Internet, +1Horizon offers applications including domains, web hosting, e-commerce, server hosting and cloud solutions.
Our policies on slavery and human trafficking
To reflect our commitment to acting ethically and with integrity in all our business relationships, minimising the risk of modern slavery, we have the following policies:
Anti-Bribery policy
Code of Conduct Policy
- Whistleblowing Policy
We are also dedicated to implementing and enforcing effective systems and controls to ensure slavery and human trafficking is not taking place.
Employment practices
We rigorously check all of our employees have the right to work in the United Kingdom and are paid at or above the National Living Wage. In addition to the employment rights and benefits which are provided to employees, our Contracts of Employment and Company Policies make clear to all employees what actions and behaviours are expected of our people. Training is provided to all our people annually on our Code of Conduct policy.
Due diligence processes for slavery and human trafficking
As part of our responsibility to identify and mitigate risk:
Before we engage with any new supplier, we conduct a review of their business, including their supply chain, as far as is reasonably practicable;
We carry out practical processes to ensure standards are being adhered to throughout the business. These processes may also include office inspections and audits of our own and our business partners' and suppliers' business areas;
We ensure local legislation and regulations are complied with;
Where applicable, we build long standing relationships with suppliers, making clear of our behaviour expectations; and
- We have a dedicated team who is responsible for ensuring that compliance with the Modern Slavery Act 2015 is adhered to. This team works closely with the Board of Directors to ensure that our policies are operating effectively within the company.
Reporting concerns regarding slavery or human-trafficking
We foster a culture where our employees are encouraged to raise concerns about unlawful, unacceptable practices or misconduct and can do so safely without fear of reprisal. We offer our full support to those who raise a concern in good faith. Individuals can confidentially and anonymously report a concern using our Whistleblowing platform.
Our Whistleblowing Policy ensures our people know how to raise concerns about any unethical practices within our business or supply chain without fear of recrimination.
By purchasing a server from +1Horizon (We, Us, Our), You (Customer, You, Your) agree to these terms and conditions. These terms and conditions are supplementary to the +1Horizon’ General Terms and Conditions.
- Your Obligations
You represent and warrant that You have or have access to the knowledge and expertise necessary to configure, maintain, monitor, and secure Your server.
You are responsible for any authorised user using the server.
You are solely responsible for securing Your server against any unauthorised use.
You are obliged to back up Your data in accordance with Our General Terms and Conditions.
If You have reason to believe that a third party is using Your platform or web space without authorisation, You are obliged to inform us immediately.
You agree to neither offer nor disseminate copyrighted content without authorisation.
Importing and installing operating systems, images and other external content is done at Your own risk. We assume no liability for third party content and applications and damage resulting from the installation and use of third party materials.
You agree to follow the technical instructions provided by Us.
You agree to co-operate and follow +1Horizon’ instructions regarding software upgrades for the purposes of maintaining the security and stability of the services provided. We accept no liability for the consequences resulting from failure to do so.
You agree to fulfil all the license requirements, including those from third parties.
If You use any software, which has not been purchased through Us, on Your system, You warrant that You are duly licensed to use the software, that the licence grants sufficient rights to Us to provide the services in accordance with these terms and conditions and is a party to an appropriate written licence agreement with the software provider.
You must remain in possession of the required original software license(s). We may request proof of license(s) at any time.
If You fail to provide us with confirmation of a licence(s), We reserve the right to suspend and/or terminate Your contract with Us, continue to charge for any outstanding fees and any related penalty fees, which We are liable for under the licensing agreement with software providers.
You shall indemnify Us for any costs, claims, losses, damages, liabilities, demands and/or expenses including legal costs incurred and/or suffered as a result of any failure by You to be appropriately licenced in respect of software, which was not purchased through Us.
We are subject to rights of audit where it acts as a reseller for third party software. You acknowledge and agree that We may regularly run a series of scripts on Your server(s) to determine what software is held on the server, how many Users have access to each piece of software and assess any additional fees that may be payable and shall provide reasonable and prompt assistance in relation to any information or audits requested by such third party software suppliers.
You agree to provide Us with access to Your Server upon request, in order that We can comply with our obligations to third party suppliers.
With regard to any third-party licenses for software programs that We use for its cloud platform You acknowledge that the trademarks and other intellectual property rights belong to the third parties.
- Our Obligations
We agree to maintain the server hardware.
We reserve the right, to migrate Your server, the server software or parts for technical or security reasons (e.g. end of life of the software, end of support).
We reserve the right to offer a different version of the application that We consider most appropriate and to modify the available applications, at any time in line with new versions or in cases where weaknesses are detected.
We reserve the right to disconnect the server from the network and/or terminate Your contract with Us without prior notice, if You have breached Your obligations.
Occasionally, we need to remotely access Your server to respond to an incident.
- +1Horizon Cloud, Virtual and Dedicated Server Service Level Agreement
At +1Horizon we aim to deliver the highest possible levels of up-time and agree that the Hardware on which your Cloud server or Virtual machine is based or Server Hardware and service critical infrastructure, including Power and Network Connectivity will be available for 99.99% of the time (excluding scheduled maintenance, advance notice of which will be given wherever possible).
In the event of an outage to one of these service components which results in server downtime customers may be entitled to claim a service credit of one day's service fee for every hour that the server is unavailable, depending upon the outage circumstances. The period of the outage will be measured from the time you report the problem to our confirmation of restoration of service.
SLA claims may be made up to a maximum of one month's service fee in any calendar month.
- Outages caused by third party software installations or other modifications to the default server operating system as deployed do not fall within the terms of this Service Level Agreement.
By purchasing a Dedicated Server from +1Horizon Internet Limited ("We", "Us", and "Our"), You ("You") agree to comply with these Dedicated Server Terms and Conditions.
The provisions contained in the Dedicated Server Terms and Conditions are supplemental to +1Horizon General Terms and Conditions, +1Horizon Acceptable Use Policy, General Server Terms and Conditions and the applicable Server Terms and Conditions by which you are also bound.
In the event that the Dedicated Server Terms and Conditions conflict with any provision of the +1Horizon General Terms and Conditions the provisions of the Dedicated Server Terms and Conditions shall prevail to the extent of such conflict.
Our dedicated servers are servers with administration rights. We require You to have sound knowledge of administering server systems.
We have no administrative access to the server.
- Your Obligations
You are solely responsible for securing the server against any unwanted attacks and manipulation by third parties.
You alone are responsible for updating the operating systems, drivers, firmware and application software installed on the server at Your own cost and risk.
You are responsible for installing reliable security software and keeping it updated to prevent any unauthorised user from accessing or administrating your systems, applications and networks.
You agree to configure your programs to automatically restart when the hardware or operating system restarts.
You are responsible for monitoring the health of any disks or storage devices provided by Us as part of the services. You agree to promptly notify Us of any detected degradation or potential issues with the disks or storage devices that may affect the performance or availability of the services. We shall not be liable for any damages or losses resulting from your failure to comply with this clause 1.5.
Pursuant to clause 1.5 We reserve the right to perform scheduled maintenance and repairs on the server, including the replacement of disks or other components, as necessary to ensure the continued reliable operation of the server. We shall provide You with reasonable advance notice wherever possible of any scheduled maintenance and shall use reasonable efforts to minimise the duration of any such downtime. You acknowledge and agree that scheduled maintenance may occur and that We shall not be liable for any damages or losses resulting from such downtime.
- Fees
The contractual fee for dedicated servers consists of a monthly payment, at either a set price in a fixed-term or by-the-hour usage.
- Service level
Platform Hardware and service critical infrastructure, including Power and Network Connectivity will be available for 99.99% of the time (excluding emergency and scheduled maintenance, advance notice of which will be given wherever possible).
In the event of an outage to one of these service components which results in downtime You may be entitled to claim a service credit of one day's service fee for every hour that the service is unavailable, depending upon the outage circumstances. The period of the outage will be measured from the time You report the problem to Our confirmation of restoration of service.
SLA claims may be made up to a maximum of one month's service fee in any calendar month.
- Outages caused by third party software installations or other modifications to the default server operating system as deployed do not fall within the terms of this Service Level Agreement.
Subject of the Agreement
The VPS is a Virtual Server with full administration rights. It requires sound knowledge of administering server systems.
The service allows You to operate a single virtual server, with performance characteristics that depend on the server model chosen by You from Our range of models.
Each server forms a standalone system with its own management and configuration, and is operated independently of Your other platforms.
- Your Obligations
As a server administrator, You are responsible for securing the server against unwanted attacks and manipulation by third parties.
You alone are responsible for updating the operating systems and application software installed on the server at your own cost and risk.
You are responsible for installing reliable security software and keeping it updated to prevent hackers from abusing insufficiently secured or "open" networks.
You agree to configure your programs to automatically restart when the hardware or operating system restarts.
- Our Obligations
We shall provide the server with only our supported operating systems.
- Our rights
Access rights
Access to the server is limited to You and the persons You have authorised. We have no regular access to the content of Your virtual server. In particular, We have no administrative access to Your virtual server, other than the KVM console via the Control Panel.
In order to resolve technical incidents, We may remotely access the physical servers on which the server is located and, therefore, We may have access to Your content. In this case, suppliers shall only be permitted to perform the work that is required to resolve the incident.
Access and Cancellation Rights
Cancellation of Contract after 6 Months of Disuse:
We reserve the right to cancel the Virtual Private Server if You have not purchased or consumed any resources for a period of greater than six months.Temporary Interruption of the Service
VPS forms part of a complex hardware platform that manages all of the servers that share the infrastructure. We reserve the right partially or completely interrupt provision of the service in the case of:Excessive consumption of resources;
Other disruptions that can be traced to You that are observed to be impairing the performance of the platform on which the resource is located-infringing on the rights of third parties that share the infrastructure.
In such cases, We shall notify You so that You can resolve the issue in question. During this time, We will temporarily suspend provision of the service. Should the problem occur again after the service is restored We reserve the right to cancel Your server service without notice.
- Fees
The contractual fee for VPS consists of a monthly basic fee that depends on the selected virtual server model and reflects the available vCPU performance and the amount of RAM and Storage space. This component is billed each month in advance.
The basic fee for the service is charged regardless of your actual use of the service and regardless of whether your server is switched on or off. There are also other components that are billed regardless of whether the server is switched on or off, for example additional IP addresses.
- +1Horizon Cloud, Virtual and Dedicated Server Service Level Agreement
At +1Horizon we aim to deliver the highest possible levels of up-time and agree that the Hardware on which your Cloud server or Virtual machine is based or Server Hardware and service critical infrastructure, including Power and Network Connectivity will be available for 99.99% of the time (excluding scheduled maintenance, advance notice of which will be given wherever possible).
In the event of an outage to one of these service components which results in server downtime customers may be entitled to claim a service credit of one day's service fee for every hour that the server is unavailable, depending upon the outage circumstances. The period of the outage will be measured from the time you report the problem to our confirmation of restoration of service.
SLA claims may be made up to a maximum of one month's service fee in any calendar month.
- Outages caused by third party software installations or other modifications to the default server operating system as deployed do not fall within the terms of this Service Level Agreement.
General
Managed Cloud Hosting is an emulated server platform built using container technologies. This server contains compute, ram and storage resources allocated and productised in a server package, which +1Horizon makes available to you for the duration of your contract.
A Managed Cloud server does not have root administration rights.
- Your Obligations
You are solely responsible for securing the server against any unwanted attacks and manipulation by third parties.
- Our Obligations
Access to Your Managed Cloud Server is limited to You and any persons authorised by You.
In order to resolve technical incidents, We may remotely access the physical servers on which Your services are located and, therefore, we may have access to Your content. In this case, We shall only be permitted to perform the work that is required to resolve the incident.
We reserve the right to cancel the CloudNX control panel if You have not purchased or consumed any resources for a period of greater than six months.
We reserve the right to update, change, modify or disconnect Your service in the case of:
Excessive consumption of resources;
Other disruptions that can be traced to You that are observed to be impairing the performance of the platform on which the resource is located- or infringing on the rights of third parties that share the infrastructure.
In such cases, We shall notify You so that You can resolve the issue in question.
- Custom stack
You can upload files, install applications and write your own source code.
You can manage the database and allow external access to authorised third parties.
- Pre-installed application
We provide you with the platform required for Your application and update the platform it as necessary. The platform includes the operating system and all requested services. We always install the latest version of the application You have requested.
You agree to keep Your applications up to date. We provide only the latest version of the application in its portfolio. After installation, You are responsible for updating the application Yourself.
You are entitled to adjust Your own source code and to customise, within the limitations of the product, the database associated with the application. You can configure the application as desired.
- We are obliged to provide a current version of the firewall at all times.
These terms ('Terms') set out the specific terms and conditions applicable to your use of our Cloud Servers and Bare Metal Servers ('Services'). These Terms are supplemental to the General Terms and Conditions and General Server Terms and Conditions, which also apply when you purchase the Services. In the event of any conflict with the above, these Terms shall prevail. By purchasing the Services, you are deemed to have accepted these and the terms referred to above.
The terms 'We', 'Our' or 'Us' refers to +1Horizon Internet Limited and 'You' and 'Your' is deemed as the person/company representative accepting these Terms.
- Service Description
- Our Cloud and Bare Metal Servers are servers with administration rights. You confirm You have sound technical knowledge of administering server systems and the required knowledge and skill to ensure data continuity.
By purchasing the Services, a cloud panel is allocated to You. Each cloud panel has its own management and configuration and is operated independently of other cloud panels. No allocated memory, bandwidth, IP addresses, storage or CPU's ('Resources') or data can be shared between different cloud panels.
- Your Obligations
You are solely responsible for the administration of the server.
You are solely responsible for securing the server against any unwanted attacks and manipulation by third parties.
You are solely responsible for updating the operating systems, drivers and application software installed on the server at Your own cost and risk.
You are responsible for installing reliable security software and keeping it updated to prevent any unauthorised user from accessing or administrating Your systems, applications and networks.
You agree to configure your programs to automatically restart when the hardware or operating system restarts.
You acknowledge that termination of the Services will result in the automatic and irreversible deletion of all data, the operating systems and any applications installed on them. You are reminded to ensure You have maintained an adequate backup before requesting or carrying out any termination or deletion requests.
We do not carry out backups of data and You cannot and must not rely on Us to recover any lost data. You acknowledge and agree that it is Your responsibility to ensure adequate backup measures are in place in the event of any loss or destruction of your data.
You agree to use the Services in a manner which does not or is not likely to detriment other customers who may use the shared Resources.
- Our Rights and Obligations
We provide you with access to the server via the cloud panel which in turn, is accessible via the control panel. This allows You to manage Your server (including but not limited to its configuration, RAM, SSD, operating systems and consumption). Access to the control panel and cloud panel is limited to You and any persons authorised by You.
In order to resolve technical incidents, We may remotely access the physical servers including those on which the cloud servers are located. By doing so, we may have access to Your data. In this case, We shall only be permitted to perform the work that is required to resolve the incident.
We reserve the right to cancel the cloud panel if You have not purchased or consumed any Resources for a period of greater than six months.
We reserve the right to update, change, modify, limit, restrict or disconnect the Service in the case of:
Excessive consumption of Resources;
Other disruptions that can be traced to You that are observed to be impairing the performance of the platform on which the Resource is located or infringing on the rights of third parties that share the infrastructure. In such cases, We shall also notify You so that You can resolve the issue in question.
Where in our sole discretion We deem it necessary to take steps to protect Our infrastructure. Where reasonably possible, We will inform You of any actions taken in this regard and what further action may be required to resume normal service.
We reserve the right to change the operating systems available as part of the Service.
We reserve the right to suspend or terminate the Services in the event You fail to comply with any provision of these Terms.
We reserve the right to modify these Terms at any time without prior notice on Our website. You acknowledge that it is Your responsibility to check back regularly. Your continued use of the Services will constitute acceptance of any updated terms.
- +1Horizon Cloud, Virtual and Dedicated Server Service Level Agreement
At +1Horizon we aim to deliver the highest possible levels of up-time and agree that the Hardware on which your Cloud server or Virtual machine is based or Server Hardware and service critical infrastructure, including Power and Network Connectivity will be available for 99.99% of the time (excluding scheduled maintenance, advance notice of which will be given wherever possible).
In the event of an outage to one of these service components which results in server downtime customers may be entitled to claim a service credit of one day's service fee for every hour that the server is unavailable, depending upon the outage circumstances. The period of the outage will be measured from the time you report the problem to our confirmation of restoration of service.
SLA claims may be made up to a maximum of one month's service fee in any calendar month.
Outages caused by third party software installations or other modifications to the default server operating system as deployed do not fall within the terms of this Service Level Agreement.
- Fees
Payment is due and immediately payable upon receipt of the invoice. You may view the actual and estimated consumption of Services in the control panel. The estimated consumption is only a forecast. The actual fee is the fee listed on the invoice for the Services actually consumed.
For legacy +1Horizon' Cloud Servers, You pay monthly as per the terms of Your contract.
If You purchase one of our fixed cloud servers or our Bare Metal Servers and wish to switch it off in accordance with clause 5.2 below, You will continue to be billed Your usual monthly amount.
If You purchase one of Our flexible cloud servers and wish to switch it off in accordance with clause 5.2 below, You will continue to be billed for the storage and any additional IP addresses. You will not be charged for CPU, memory, Windows licence, Plesk licence or SQL Server licence.
Unless stated otherwise on the +1Horizon website, all prices exclude VAT (or any other applicable sales taxes).
- Use of the Services
Content in the server is owned by You. All underlying infrastructure and Resources are owned by Us.
You are free to stop and restart the Services as you wish but You will still be liable to pay any fees in accordance with clauses 4.3 and 4.4.
- Additional Terms applicable to Bare Metal Servers
When using Bare Metal Server, the 10 Gbps terms shall also apply.
- Miscellaneous
These Terms and any dispute or claim arising out of in connection with it (including non contractual disputes or claims) shall be governed by and construed in accordance with the law England and Wales.
- You and Us irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms (including any non contractual disputes or claims).
This software license Agreement ("Agreement" or "EULA") governs the use of the Acronis software ("software"). Acronis international gmbh ("Acronis" or "licensor") is willing to license the software to you as an individual or legal entity ("licensee" or "you"), and if applicable to your software license, to provide you with support and maintenance services ("services"), provided, and only on the condition that, you accept and agree to comply with all of the terms and conditions of this Agreement. This Agreement applies to any updates or services for the software or for the services provided to you by Acronis, unless other terms specifically cover those items.
By clicking "I accept this Agreement" or otherwise downloading, installing, and/or using the software or by using the services, you acknowledge that you have read and accepted all of the terms and conditions set forth in this Agreement and that this action establishes a legal, enforceable, and binding Agreement between you and Acronis. If you do not accept all of the terms of this Agreement, you shall have no right to use the software, you must immediately cease using the software and you must delete or remove all associated software and associated files.
- Software license grant
- Subject to the terms and conditions of this Agreement, upon payment of all license fees owed for the Software, Licensor grants and Licensee accepts a nonexclusive, nontransferable, non-assignable (unless such prohibition is otherwise prohibited by local law), limited license ("Software License") to use the Software solely in accordance with the terms and conditions of this Agreement. The Software is to be installed and/or deployed on the specific number of machines or virtual environments for which a Software License has been purchased and paid for. You may use a single Software License for one physical machine or virtual environment unless otherwise specified under the "Acronis Licensing Policy," which can be found at www.acronis.com/legal/licensing.htm.
If your Software License is designated for only one physical machine or virtual environment at a time, you may transfer your software License to a new machine provided the original installation is completely removed and no longer in use. If you wish to deploy the Software on multiple machines, you must purchase additional software licenses for the additional deployments. - Scope of license
- Notwithstanding any references to "purchase", the Software is licensed and not sold pursuant to this Agreement. This Agreement confers a limited license to the Software only and does not constitute a transfer of title to, or sale of, all or a portion of the Software or the underlying intellectual property. You acknowledge that Acronis or its licensors own all right, title, and interest in and to the Software and Services and all associated materials and services, including without limitation, the structure, organization, source code, all copyrights, patents, trade secrets, and other intellectual property rights throughout the world, in and to the original and all copies, portions, extracts, selections, arrangements, adaptations, compilations, and any derivatives of the Software and Services, or software or content provided through or in conjunction with the Software or Services, and all features, updates, releases, enhancements, bug fixes, workarounds, patches, updates, and all associated documentation and product packaging.
Except for the license granted in this Agreement, all rights in and to the Software and Services are reserved, and no implied licenses are granted by Acronis. Acronis retains sole ownership of all copyrights, patents, trade secrets, and other intellectual property rights throughout the world in and to the original and all copies and portions of the Software (including any features and associated services) and all associated documentation and product packaging. This Agreement governs all updates, upgrades, releases, or enhancements to the Software that may be provided to you. The Software contains certain technologies that are protected by United States patents, a full list of such patents may be found at www.acronis.com/company/ipnotice.html.. - You agree not to conduct, cause, consent or permit others to:
sublicense, lease, rent, loan, transfer, or distribute the Software, or any portion, extract, selection, arrangement, adaptation, compilation, or derivative thereof, to any third party;
make error corrections, modify, adapt, translate, or prepare derivative works from the Software;
decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Software or reduce the Software to human-readable form, or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats, or programming or interoperability interfaces of Software or of any files contained or generated using Software by any means whatsoever, except to the extent otherwise expressly permitted under applicable law, notwithstanding this restriction, without the prior express written consent of the Licensor, any such created works are derivative works and as such are the sole and exclusive property of Licensor;
decrypt data or extract portions of the Software's files for use in other applications,
remove, obscure or alter Acronis' or any third party's product names, trademarks or patent, copyright, or other proprietary rights notices, or ownership attribution statements affixed to or contained within or accessed in conjunction with or through the Software;
use or permit the Software Document Revision Date: 2019 Sep 11 Page 2 of 5 to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of Acronis; or
publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software. You shall be responsible and liable for the actions of Your affiliates, employees, agents, and any third party who obtains access to the Software licensed to Licensee.
- In addition, certain third party code may be provided with the Software. To the extent that such third-party code is subject to license terms that vary from the terms in this Agreement, you may find the third-party license terms accompanying such code at https://kb.acronis.com/content/7696 and in the license.txt file located in the root installation directory, and those terms will govern your use of such code.
- Software updates, support and maintenance
- If you register your Software with Acronis, you are entitled to (a) "patch" or "dot" releases of Software; and (b) other electronic services Acronis makes generally available to its customers, including its knowledge base, which can assist in answering general questions about the Software. Any unauthorized modifications to the Software will void this provision.
- Notwithstanding Section 3.1, if you are licensing Acronis Backup Cloud, any support and maintenance of the Acronis Backup Cloud shall be provided by the reseller entity from which you are directly purchasing Acronis Backup Cloud license.
- Acceptable use and conduct
- By registering for and/or by using the Software or Services, you represent and warrant that you have the legal capacity and authority to enter into a binding Agreement and to adhere to this Agreement, and that you will use the Software and the Services only in accordance with this Agreement and with all applicable laws. If an individual is registering or using the Software or Services on behalf of an entity or organization, that individual warrants, represents, and covenants to Acronis that such individual is duly authorized to agree to this EULA on behalf of the organization and to bind the organization to them.
The Software and Services are intended, and offered, only for lawful use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract for such products and services. Acronis does not offer the Software or Services to minors or where otherwise prohibited by law. - Without limiting the foregoing:
You acknowledge and agree that the Software may be subject to export controls in the United States and other countries. You agree to comply with all United States export laws and regulations and with all export or import regulations of other countries, and you shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the Software or Services or any direct product thereof (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department's Table of Denial Orders or U.S. Treasury Department's list of Specially Designated Nationals; or (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation.
- You may not use the software and/or services if you are a citizen, national, or resident of, or are under control of the government of: Cuba, Iran, Sudan, North Korea, Syria, or any other country to which the United States has prohibited export. Each time you use the software or services you represent, warrant, and covenant that (a) you are not a citizen, national, or resident of, nor under the control of the government of any such country to which the United States has prohibited export; (b) you will not download or otherwise export or re-export the software, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries; (c) you are not listed on the U.S. Department of Treasury's lists of specially designated nationals, specially Designated terrorists, and specially designated narcotic traffickers, the U.S. Department of State's list of statutorily debarred parties, or the U.S. Department of Commerce's denied persons list, entity list, or unverified list table of denial orders; (d) you will not download or otherwise export or re-export the software, directly or indirectly, to persons on the above mentioned lists; (e) you will neither use nor allow the software to be used for any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture, or production of nuclear, chemical, or biological weapons of mass destruction; (f) the software and the services will not be exported, directly, or indirectly, in violation of these laws, nor will the software Or services be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation; and (g) you are not using or permitting others to use the software or services to create, store, backup, distribute, or provide access to child pornography or any other content or data which is illegal under the relevant laws of the United States, switzerland, singapore and licensee's jurisdiction.
Acronis cannot decrypt your files if you have elected to encrypt.
You have selected the location of your data and understand that local laws where the selected data centers are located may be different that the laws of the country in which you reside. Acronis will comply with the local laws of the Jurisdiction in which you reside and also the jurisdiction where the data center storing your data is located. As a result, you acknowledge that Acronis or Acronis affiliates may use servers and other equipment to provide the Acronis backup cloud and platform that are located in countries where litigants, law enforcement, courts, and other agencies of the government may have the right to access data stored within their jurisdictions upon terms and conditions provided by local law. Acronis may also provide access to your data to government authorities if Acronis suspects or believes that the data contains child pornography or other prohibited content or data or that the data is being used for illegal purposes.
Acronis shall have the absolute and unilateral right in its sole discretion to deny use of and access to all or any portion of the software or services to licensee or other users who are deemed or suspected by Acronis to be using the software or services in a manner not reasonably intended by Acronis or in violation of law or this Agreement, including but not limited to suspending or terminating a licensee's, or another user's, Acronis account with Acronis and the license to use the software or services.
- Privacy and data protection
- Except as otherwise stated in this Agreement, the Software is subject to Acronis' Privacy Statement at www.acronis.com/legal/privacy.html.
Acronis Assumes no responsibility for the deletion of data, loss of data, or the failure to store data.
Acronis has no obligation to monitor the use of the Services and/or data transmitted or stored through the Software. Acronis reserves the right, consistent with data privacy and other user data protection requirements applicable to the jurisdiction where data is stored, and if mandated by applicable law, regulation, legal process, or governmental order, disclose user Data or other information, but only to the extent required to satisfy those laws, regulations, or orders. Unless prohibited by law or other order, Acronis will provide reasonable notice of any such required or requested disclosure to you and reasonably cooperate to limit such disclosure to the extent allowed by law. You acknowledge and agree that the support Services that may be provided pursuant to the Agreement can be provided from countries other than the country in which you are based. If you prefer that support services be provided solely from the United States, such service can be provided at an additional cost to You. - Confidentiality
- The Software and Services contain trade secrets (as defined by applicable law) of Licensor and are proprietary to Licensor. Licensee shall maintain the Software and the Services in confidence and prevent disclosure of the Software and Services using at least the same degree of care it uses for its own most critical proprietary information, but in no event less than a reasonable degree of care. Licensee shall not disclose or provide access to the Software or Services or any part thereof to anyone for any purpose, other than to employees or other parties authorized under this Agreement for the purpose of exercising the rights expressly granted under this Agreement.
- Warranty
If Acronis provides You with Software in the form of tangible media, Acronis warrants that the media upon which the Software is recorded will not be defective under normal use for a period of ninety (90) days from delivery. Acronis will replace any defective media returned to Acronis within the warranty period at no charge to you. Acronis warrants that the Software, as delivered by Acronis and when used in accordance with the software documentation provided by Acronis, will substantially conform to the software documentation provided with the Software for a period of ninety (90) days from the date of delivery. If the Software does not comply with this warranty and such non-compliance is reported by you to Acronis within the warranty period, Acronis will do one of the following in its sole discretion (a) repair the Software; or (b) replace the Software with software that has substantially the same functionality. This warranty excludes defects resulting from accidents, abuse, unauthorized repair or modification, enhancements or misapplication of the Software.
The foregoing warranty set forth in this section is your sole and exclusive remedy for Acronis' breach of this warranty.
You represent and warrant to Acronis that (A) You have the full right, power, and authority to grant the rights herein and to provide Acronis with Your data ("Licensee Data"), access to Your facilities and network ("Licensee System"), and any other materials you provide to Acronis; (B) neither Acronis's access to or use of the Licensee Data or the Licensee System will: (i) give rise to any action or claim by a third party; or (ii) cause you to breach any of Your Agreements or understanding in relation to the Licensee Data or the Licensee System, including without limitation any terms of use to which you are bound; (C) the Licensee Data will not contain any confidential or proprietary information of a third party that you do not have the right to provide; and (D) You will use commercially reasonable efforts to prevent the transmission to Acronis's networks or systems of any Trojan horse, malicious code, or other computer software code, routines, or device designed to disable, damage, impair, erase, or deactivate any data.- Disclaimer of warranties
- You expressly acknowledge and agree that use of the Acronis software and services and any third party software and services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Except for the limited warranty on media set forth above 7 and to the maximum extent permitted by applicable law the Acronis software and services are provided "As is," with no warranties whatsoever. Acronis and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, satisfactory quality, fitness for a particular purpose, and noninfringement of intellectual property rights. It is at your own discretion and risk, that You download and/or use the software. You will be solely responsible for any damages to your computer system or loss of data that results. Acronis makes no warranties or representations that the functions contained in the software or services will meet your requirements, that the operation of the software or services will be uninterrupted or error-free, or that defects in the software or services will be corrected. You may have other warranty rights, which may vary from state to state and country to country.
- Limitation of liability
- Under no circumstances shall Acronis or its affiliates (including suppliers, resellers, or partners) or their respective executives, employees, shareholders or contractors be liable for personal injury, or any incidental, special, direct or consequential damages whatsoever, including without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising from or related to your use or inability to use the Acronis software and services or this Agreement, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if any such party has been advised of the possibility of such damages. In no event shall Acronis', or it's affiliates', total liability to you, for all damages exceed the amount, if any, paid by you to Acronis for the software and/or services during the twelve months prior to the event which gave rise to the damages in question. If the software and services are provided without charge, then there shall be no liability to you whatsoever. The foregoing is your sole and exclusive remedy for any breach. This limitation of liability for personal injury or exclusion of incidental, consequential, or direct damages, will apply only to the extent permitted under applicable law. The disclaimers and limitations set forth above will apply regardless of whether or not you accept the software, updates or upgrades.
- Government end users
- As to direct and indirect U.S. Government Users, notwithstanding Sections 4 and 5:
- This Agreement applies to all Software and Services acquired directly or indirectly by or on behalf of the United States Government. The Software and Services are commercial products and services as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 and DFARS 227.7202, as applicable, and any successor regulations. Use, modification, duplication, or disclosure by the U.S. Government shall be solely in accordance with the terms of this Agreement and is subject to the restrictions set forth in subparagraph (c) of the Commercial Computer Software Restricted Rights clause of FAR 52.227-19.
- You have selected the United States as the default location for your data and understand that Acronis will comply with applicable U.S. Federal laws where you and your Data reside. As a result, you acknowledge that Acronis or Acronis affiliates may use servers and other equipment to provide the Acronis Backup Cloud and Platform that are located only in the United States, where U.S. Federal litigants, law enforcement, courts, and other agencies of the United States government may have the right to access Your data. Acronis may also provide access to your data to U.S. Federal government authorities if Acronis suspects or believes that the data contains child pornography or other prohibited content or data or that the Data is being used for illegal purposes.
- Acronis reserves the right, consistent with U.S. Federal data privacy and other user data protection requirements, and if mandated by U.S. Federal applicable law, regulation, legal process, or governmental order, disclose user Data or other information, but only to the extent required to satisfy those U.S. Federal laws, regulations, or orders. Unless prohibited by U.S. Federal law or other order, Acronis will provide reasonable notice of any such required or requested disclosure to you and reasonably cooperate to limit such disclosure to the extent allowed by Document Revision Date: 2019 Sep 11 Page 5 of 5 law. You acknowledge and agree that the support Services that may be provided pursuant to the Agreement can be provided only from the United States.
- The parties acknowledge that nothing in this Agreement shall be interpreted to imply consent by any U.S. Government End User to submit to the adjudicative or enforcement power of any regulatory, administrative, or judicial authority of, or the application of the laws of, another jurisdiction. Any license provisions that are inconsistent with U.S. federal procurement regulations or applicable U.S. Federal laws are not enforceable under this Agreement.
- Miscellaneous provisions
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, USA, exclusive of its conflicts of laws provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods, and any suit under this Agreement shall exclusively be brought in a federal or state court in Massachusetts. The failure of Acronis to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Acronis. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. This Agreement, which incorporates the current and all future updates to the Acronis Privacy Statement and the Acronis Licensing Policy, each of which may be updated from time to time (see: https://www.acronis.com/en-gb/legal/), constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or Agreements, written or oral, regarding such subject matter. You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Acronis. Acronis may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void.
- Contacting Acronis
- Users with questions about this Agreement or the Privacy Statement may contact Acronis at: www.acronis.com/support.
- Changes to this Agreement
- Acronis may amend this Agreement including any referenced policies and other documents from time to time. If we make material changes to this Agreement, we will notify you by posting the change on our website or sending you an e-mail at your primary email address. Any changes to this Agreement will be effective immediately for new end users; otherwise for existing end users, the changes will be effective upon the earlier of thirty (30) calendar days following e-mail notice to you or thirty (30) calendar days following our posting of the notice on our website.
By purchasing 10 Gbps Premium Bandwidth from +1Horizon Internet Limited ("We", "Us", and "Our"), You ("You") agree to comply with these 10 Gbps Premium Bandwidth Terms and Conditions.
The provisions contained in the 10 Gbps Premium Bandwidth Terms and Conditions are supplemental to +1Horizon General Terms and Conditions, +1Horizon Acceptable Use Policy, and the applicable Server Terms and Conditions by which you are also bound.
In the event that the 10 Gbps Premium Bandwidth Terms and Conditions conflict with any provision of the +1Horizon General Terms and Conditions the provisions of the 10 Gbps Premium Bandwidth Terms and Conditions shall prevail to the extent of such conflict.
- Service Description and Limitations
- The 10Gbps Premium Bandwidth service can increase your public network connection up to 10 Gbps subject to the following limitations;
The 10 Gbps Premium Bandwidth service can only allow for periods of traffic up to 10Gbps. If the average rolling traffic used by You exceeds the thresholds for UDP traffic of 1Gbps for five minutes or over OR the TCP traffic of 6 Gbps for five minutes or over then We will automatically suspend the server’s network connection, without notice to You. The thresholds for traffic that apply in this clause 1.1.1 are subject to change at any time at Our sole discretion;
The 10 Gbps Premium Bandwidth service is only available on models of servers with a 10Gbps network card; and
The 10Gbps Premium Bandwidth service cannot be used with heavy UDP traffic use cases including but not limited to video streaming and VPN hosting.
- We reserve the right to modify, suspend or terminate Our 10 Gbps Premium Bandwidth service at any time and for any reason.
- Service Activation and Usage
- You must activate your 10 Gbps Premium Bandwidth service by following the instructions provided by Us.
- You agree to use the 10 Gbps Premium Bandwidth service in compliance with all applicable laws and regulations.
- If We deem in Our sole discretion that You are using an unreasonable amount of transfer, We reserve the right to suspend the 10 Gbps Premium Bandwidth service immediately and without notice to You.
- Fees
- You must pay Us the specified fee for the 10 Gbps Premium Bandwidth service.
- The fee for 10 Gbps Premium Bandwidth consists of a monthly payment due in arrears, the calculation of the fee will be calculated using either of the following methods depending on the server you use the 10 Gbps Premium Bandwidth with;
Baremetal Server
If You use the 10 Gbps Premium Bandwidth service on a Baremetal Server then the monthly maximum fee available at the checkout when ordering, will be divided by the number of days in the relevant month, further divided to determine value per second. This figure then multiplied by seconds used, equals the monthly amount payable by You.Dedicated Server
If You use the 10 Gbps Premium Bandwidth on a Dedicated Server, You will be charged a monthly capped fee, which is available to You at the checkout when ordering the 10 Gbps Premium Bandwidth service.
- You are responsible for any additional fees or charges that may apply, such as taxes or surcharges.
- Privacy and Security
- We do not guarantee the security of your information or data transmitted over Our 10 Gbps Premium Bandwidth Service.
- Changes and Updates
- We reserve the right to modify these terms and conditions at any time without prior notice on Our website.
- Your continued use of Our 10 Gbps Premium Bandwidth service after any changes to these 10 Gbps Premium Bandwidth Terms and Conditions will constitute your acceptance of the updated terms. You are responsible for checking Our website regularly for any updates to these 10 Gbps Premium Bandwidth Terms and Conditions.
- Changes and Updates
- Your rights and obligations under these terms shall be governed by English law and You submit to the exclusive jurisdiction of the English Courts.
PERFORMANCE HOSTING is a premium version of shared hosting for customers whose need greater capacity, less contention or more flexibility whilst Fasthosts continue to manage the shared hosting.
These Performance Hosting Terms and Conditions are supplemental to (and do not replace or supersede) any other terms and conditions which apply to the products and services which you buy from us. Together all of the terms and conditions which apply to you form (the “Agreement”). We reserve the right to vary these terms and conditions at our absolute discretion and without notice.
We reserve the right to modify this service at any time.
You must accept and comply with the terms of the licences for any and all third party applications installed on your servers.
You accept full and sole liability for any and all third party applications that you choose to use in conjunction with this service.
Performance Hosting does not entitle you to any other products and services. Additional terms and conditions will apply to other products and services which you wish to take.
Performance Hosting is only available to you if you use the following products:
- Ignite;
- Momentum;
- Ultimate;
- WordPress
- Start;
- Grow;
- Scale; or
- Pro
(collectively the “Products”)
Whichever of the Products you have will affect and potentially limit the number of sites that can be hosted using Performance Hosting. You should assess whether Performance Hosting is suitable for you prior to purchase.
Performance Hosting for Start, Grow, Scale, Pro, Ignite, Momentum and Ultimate Products can only be used in conjunction with websites hosted on Linux.
Charges for Performance Hosting are bespoke to you. You will be told what the charges are at the time you make an enquiry and if you order Performance Hosting the charges will be added to your current invoice and are payable in accordance with the Agreement.
Performance Hosting will mean that that there will need to be an additional monthly reboot of the shared hosting system and there may be additional planned maintenance. This will take place outside of normal planned maintenance times. Rebooting and additional maintenance due to Performance Hosting will not count as a breach of any service levels which are offered to you under the Agreement.
You will not be given root access to install packages of your own choice not already supported by our platform neither will Fasthosts install packages for you or specific versions of packages beyond those already supported within the platform.
The storage quota available to you in Performance Hosting is determined by whichever of the Products you have. Any plans with unlimited storage, are subject to a limit of no more than 500GB on Performance Hosting. It is your responsibility to ensure your account remains below this limit, and you can log into your control panel at any time to check how much you are using. The storage quota is a combination of all files stored on your web space.
+1Horizon offer a service uptime guarantee of 99.99% of available access per month on our Web Hosting products (excluding scheduled maintenance, advance notice of which will be given wherever possible).
+1Horizon are not responsible for outages outside of our control which may block or hinder access to your site, including the following: (1) Network conditions across the internet (outside of our network), such as between your ISP and our data center; (2) DDoS or other attacks on our servers; (3) problems with your ISP's network Browser or DNS caching issues; (4) interruptions caused by you from custom coding, scripting or the installation of 3rd party applications; (5) causes and events beyond our control that are not reasonably foreseeable; (6) outages caused by you as a result of illegal activity, or activity for which the system was not designed.
Should your site become unavailable in a particular month (as determined and confirmed by +1Horizon) we will provide a service credit of 5% of the paid fee for the month, for every hour that your website is unavailable, up to a maximum of the full amount paid per month for the service (excluding any additional paid services). The period of the outage will be measured from the time you report the problem to our confirmation of restoration of service.
- Outages caused by third party software installations or other modifications to the default server operating system as deployed do not fall within the terms of this Service Level Agreement.