Terms & Conditions
VONHOST & VONHOST.CO.UK are trading styles of MEDIA MODUS LTD, herinafter refered to as vonhost, We, Our or Us. You the customer will be refered to as Subscriber, Customer, Your or You.
Please note that you must abide by the terms of this document. We urge you to read and familiarise yourself with this document now so as to avoid unnecessary legal, heartache and confusion later; by signing up for or using any of our services you agree to be bound by all vonhost terms and conditions.
These terms are supplemental to and incorporate by reference the standard terms & conditions found at http://www.mediamodus.com/terms.
Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our terms and conditions.
Our hosting accounts are rolling accounts only renewed upon receipt of pre-payment of the value of the selected hosting plan.
Server use
vonhost reserves the right to refuse service and/or access to its servers and/or services to anyone. vonhost reserves the right to move your data to a different server with no previous notice.
- Accounts may come with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal server operation without prior warning.
- We do not allow clients to install their own chat rooms.
- We do not allow the use of any Background Programs on our servers or network.
- We currently do not allow IRC or IRC bots to be operated on our servers.
- Commercial Advertising - Email
- Our servers may not be the source, intermediary or destination address involved in the transmission of spam, flames or mail bombs. Your domain may not be referenced as originator, intermediary or reply-to address in any of the above. Advertising sites on other servers, which in turn contain links to a domain on our servers, is prohibited. We consider spam to be any mass unsolicited message in the mediums of newsgroups and email. If you are found to have spammed then we will immediately, without warning, disable your domain.
- We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.
- Our servers implement a Throttle function that limits the quantity of emails that can sent from any IP address at any given time, refusal of service will occur should a predefined threshold be reached. This feature is to protect legitimate users.
- Any attempts to undermine or cause harm to a server is strictly prohibited.
- vonhost does not allow excessive download content or non-linked content.
Content
All services may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any UK law is prohibited.
This includes, but is not limited to:
- copyrighted material
- material we judge to be threatening
- obscene, demeaning to others or material protected by trade secret
- Pornography and sex-related merchandising
- linking to adult content
The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
In addition, any site-selling or promoting bulk email services is not allowed. Examples of non-acceptable content or links:
- Pirated software
- Warez sites
- IRC Bots
We will be the sole arbiter as to what constitutes a violation of this provision.
Refusal of service based on content matching any of these criteria is entirely at the discretion of vonhost.
Support
We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should contact us by email support@vonhost.co.uk. Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime is available on the vonhost website.
Payment Policies
All accounts are set up on a prepay basis. Although vonhost reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Any changes to prices will be clearly communicated to customers prior to their application, with customers being given one month’s notice of any changes. Notice will be served via email, to the email address held on the vonhost account. Payment is due every 30 or 365 days, from the date the account was established. Customers will automatically be charged again at the end of their prepay period unless confirmation of the wish to close has already been received.
In situations where the card number on file is declined vonhost will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, vonhost reserves the right to suspend other services until the outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £30 administration charge. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
You are required to have a valid credit/debit card and email address registered on your account at all times, failure to do so may result in suspension of your account.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer’s card will be charged automatically.
You authorise us to take payment from the card on your account for any outstanding balance exisiting with vonhost or Media Modus Ltd relating to any of the products services offered by Media Modus Ltd and not limited to hosting.
Where a purchase requires a nil (£0.00) value payment, such as special offers, or hosting accounts attached to a reseller, we may authorise a payment of £0.10 against the payment source; this is to determin the authenticity of the order and validate the card details, this payment is voided immediately after authorisation and no funds are charged.
All payment is in UK sterling. All prices displayed are shown including UK VAT unless otherwise indicated.
Payment options
In order to streamline our accounting procedures and keep costs down vonhost currently runs a limited number of payment options.
Credit / Debit Cards: vonhost accepts MasterCard, Visa, Visa electron, Switch/Maestro and Solo.
Indemnification
The customer agrees to defend, indemnify, save and hold Media Modus Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees, asserted against Media Modus Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Media Modus Ltd against liabilities arising out of the following:
any injury to person or property caused by any products sold or otherwise distributed in connection with Media Modus Ltd’s server;
any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
copyright infringement.
Refusal of Service
We reserve the right to refuse or cancel service at any time for any reason and at our sole discretion.
Disclaimer
vonhost does not back up Your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, vonhost cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by vonhost and its employees.
vonhost makes no warranties or representations that any service will be uninterrupted or error-free. You accept all services provided hereunder “as is” without warranty of any kind.
All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the services to be provided hereunder to the fullest extent permitted by law.
vonhost shall not be liable for any services or products to be supplied by any third party.
vonhost shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
vonhost will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
No matter how many claims are made and whatever the basis of such claims, vonhost’ maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the fees paid by You for the services in relation to which Your claim arises during the 12 month period prior to such claim.
None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of vonhost, its employees or its sub-contractors.
vonhost shall not be liable for any interruptions to the services or outages arising directly or indirectly from:-
- interruptions to the flow of data to or from the internet;
- changes, updates or repairs to the network or software which it uses as a platform to provide the services;
- the effects of the failure or interruption of services provided by third parties;
- factors outside of vonhost’ reasonable control;
- Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
- Problems with Your equipment and/or third party equipment;
- Interruptions to the services requested by You.
vonhost will not be responsible for any damages your business may suffer. vonhost makes no warranties of any kind, expressed or implied, for services we provide. Media Modus Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays and any or all service interruptions caused by vonhost and its employees.
We reserve the right to change or update our policies without notice.
If any terms or conditions are not followed, this will result in grounds for immediate account deactivation.
Governing Law
The contract shall be governed by English law, and you and Media Modus Ltd submit to the exclusive jurisdiction of the English Courts.
Special Offers & Promotions
On ocasion we may elect to provide special offers, where offered they are subject to our descretion, we reserve the right to suspend, alter, widthraw, expire and stop all services or offers without notice. Some offers may require the customer to indicate they wish to to “take-up” an offer, the mechanic maybe a form of text entry or other promotional recognition, in this case the mechanic must be adhered to in order to subscribe to an offer.
From time to time we may contact you by email regarding changes to exisisting services, new services and or promotional material.
General
These Terms & Conditions, together with all amendments or modifications to it, constitutes the complete and exclusive agreement between you and Media Modus Ltd, and supersedes and governs all prior proposals, terms & conditions or other communications.
Nothing contained in this Policy shall be construed as creating any agency, partnership or other form of joint enterprise between the parties. The failure of Media Modus Ltd to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by Media Modus Ltd of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms & Conditions is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of these Terms & Conditions. Media Modus Ltd may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Dark Group Ltd as reflected in the original provision.
No provision of these Terms & Conditions may be amended or modified by you except by means of a written document signed by an authorised signatory of Media Modus Ltd.
If you have any questions about our terms please get in touch.
note: by signing up for or using any of our services you agree to be bound by all vonhost terms and conditions.