General Terms of Service

Ace Web Hosting (a.k.a Ace Computers Web Hosting) is an information provider connected to the Internet. Ace Web Hosting offers transfer and storage services over the Internet through it's Web Server.

Each customer seeks to use Ace Web Hosting for it's own purposes and uses and Ace Computers holds no responsibility for the content of websites except for websites under the ownership of Ace Computers.

Ace Web Hosting can make no guarantees that any given reader will be able to access Ace Web Hosting's server at any given time, but it is in our best interest and our main priority for it to be as widely accessible as possible.

With that said, upon creation of contract, all parties involved agree as follows;

Financial Arrangements

• Customer agrees to a 12 month contract minimum beginning upon commencement of service. Exact contract duration is decided upon signup.
• Customer agrees that all charges and fees associated with their account as their sole responsibility.
• If the customer wishes to cancel their Ace Web Hosting within 30 days of the initial signup they will be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violation) and have their payments for Web Hosting refunded.
• Services provided by 3rd parties are not part of the 30 day refund policy. Billing will stop at the end of term during which the service is cancelled. Services that are not web hosting may have their own policies regarding refunds.
• At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until cancelled in writing or through our web control panel. After the first 30 days a cancelled account will be cancelled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
• "30-day-money-back guarantee" offer only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. See domain registration agreement for more information.
• Violations of Ace Computers' Terms of Service, Acceptable Use Policy, or Spam Policy may at Ace Computers' discretion, result in immediate and permanent disablement without refund.
• Disputed charges / chargebacks associated with any Ace Computers account may, at Ace Computers' discretion, result in immediate and permanent disablement.
• Ace Computers will use commercially reasonable efforts to make Ace Hosting available 99.9% of the time during each monthly billing cycle. If Ace Computers is unable to meet this service level, you will be eligible to receive a credit to apply for future Ace Hosting billing cycles based upon the unavailability for that month.
  • For the purposes of this agreement, unavailability means that either (a) the Ace Hosting service is unresponsive, or (b) Ace Hosting returns a server error response to valid user requests for more than 60 seconds of consecutive requests.
  • Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in a advance, and does not exceed one hour in any month.
  • Service credits will be calculated as a percentage of the bill for the billing cycle that the unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of unavailability by the total number of minutes in that billing cycle.
  • Service credits must be claimed within 14 days of the unavailability occurring by submitting a support ticket or emailing your account manager. Include as much detail as required to document the unavailability.

Taxes

• Ace Web Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Ace Web Hosting's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Material Products

• Customer will provide Ace Web Hosting with material and data in a condition that is server ready, which is in a form requiring no additional manipulation on the part of Ace Web Hosting unless appropriate packages are also purchased in order for us to convert or adapt the material and data. Ace Web Hosting will otherwise make no effort to validate this information for content, correctness or usability.
• Use of Ace Web Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of the customers webspace by the customer. If appropriate packages are also purchased for us to handle certain aspects of hosting and running a website this level of knowledge may drastically be reduced.
• The following examples are offered:
  • Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing webspace contents, graphics, text, sound, imagemapping, etc.
  • CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, perl, CShell scripts, permissions, etc.
• The customer agrees that he or she has the necessary knowledge and / or has purchased the necessary packages alongside hosting to create a webspace. Customer agrees that it is not the responsibility of Ace Web Hosting to provide this knowledge or customer support outside of the defined service of Ace Web Hosting and the support included in any of the additional packages purchased.
• Ace Web Hosting will exercise no control over the content of the information passing through the network, provided that is adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents with exceptions being made to Ace Computers owned content.
• Ace Web Hosting reserves the right to police its network to verify compliance with all agreed upon terms.
• The customer agrees to coopoerate in any reasonable investigations into their adherence to all agreed upon terms. Failure to cooperate is grounds for immediate disablement of all accounts / service plans.
• Ace Web Hosting reserves the right to disconnect any website or server deemed to present a security threat to other Ace Web Hosting customers, servers, or network.
• The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Ace Computers is grounds for termination of all services.
• Ace Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Ace Web Hosting also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the customer. Use of any information obtained by way of Ace Web Hosting is at the customers own risk, and Ace Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with Ace Computers' services represents the maximum achievable speed. Ace Computers does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors. Ace Web Hosting expressly limits its damages to the customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
• Ace Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not server-ready, Ace Web Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on Ace Web Hostings server. Ace Web Hosting agrees to notify the customer immediately of its refusal of the material and afford customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Ace Web Hosting. If the customer fails to modify the material, as directed by Ace Web Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
• All domain names registered through Ace Computers that are parked or are otherwise not immediately associated with an Ace Computers hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via Ace Computers. The "Coming Soon" web page may be modified at any time by Ace Computers without prior notice to you and may include such things as, without limitation, links to additional products and service offered by Ace Computers.

Trademarks & Copyrights

• Customer warrants that is has the right to use the trademarks and copyrights applicable to all content and / or products being made available through the customer's account.

Hardware, Equipment & Software

• The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Ace Web Hosting.
• Ace Web Hosting makes no representations, warranties or assurances that the customer's equipment will be compatible with Ace Web Hosting's service.

Guaranteed Uptime

• Ace Computers guarantees 100% uptime. A failure to provide 100% uptime will result in customer compensation presuant to guidelines established herein.
• Customer is entitled to compensation if customer's web site, databases, email, FTP, SSH or webmail become unusable as a result of failures in Ace Web Hosting's systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the customer.
• Customer will receive Ace Web Hosting credit equal to the customer's current hosting cost for 1 day of service for each 1 hour (or fraction thereof) of service interruption, up to a maximum of 10% of customers next pre-paid hosting renewal fee.
• Ace Computers' assessment of downtime begins when the customer opens a support ticket or has contacted their account manager to report the problem.

Ace Computers Dedicated Server

• Bandwidth pricing and measurement frequency is subject to change at Ace Computers' discretion. Customers affected by such changes will be notified no less than 30 days in advance by Ace Web Hosting.
• Ace Computers is under no obligation to compensate customer for downtime, whether the downtime be caused by customer, Ace Web Hosting or Ace Computers' upstream providers.
• Customer agrees that dedicated server payments are non-refundable. For example, if customer submits payment for 12 months of service, service will be provided for 12 months and will not be refunded if customer chooses to discontinue service with Ace Computers mid-way through the term.
• Hardware upgrades to an existing 'platform' (platform defined as a motherboard/chassis combination) will be performed by Ace Computers and shall incur an additional one-time labor fee of £75, plus a potential increase to customers standard rate.
• Any hands-on labor necessitated by the customer (including, but not limited to, re-installing the operating system on the server) shall be performed by Ace Computers and shall incur an additional one-time labor fee of £75 for each incident.
• Ace Computers reserves the right to alter the dedicated server packages advertised on its website at its discretion. Ace Computers is not required to upgrade customers' hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of £150 associated for any such hardware upgrade requested by customer. Customer will not be required to upgrade hardware as a result of a pricing change.
• For managed servers, Ace Computers is responsible for the security of the network, the kernel, and the base operating system. Ace Computers may take steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well as upgrading the entire operating system).
• For unmanaged servers without an additional management package, customer is responsible for keeping the security of their system up to date. This includes but is not limited to the following requirements:
  • The kernel will be patched within 7 days of any announced security hole relating to the kernel.
  • Any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.
• Ace Computers is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. Ace Computers reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of Ace Computers' network.

Age

• The customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the customer in terms of this contract.

Termination

• This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Ace Web Hosting will accept termination by electronic mail. Notwithstanding the above, Ace Web Hosting may terminate service under this contract at any time, without penalty, if the customer fails to comply with the terms of this contract, including non-payment. Ace Web Hosting reserves the right to charge a reinstatement fee.

Limited Liability

• Customer expressly agrees that use of Ace Web Hosting's server is at customers sole risk. Neither Ace Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Ace Web Hosting's server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Ace Web Hosting server service, unless otherwise expressly stated in this contract.
• Under no circumstances, including negligence, shall Ace Web Hosting, its offices, agents or any one else involved in creating, producing or distributing Ace Web Hosting's server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Ace Web Hostings server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Ace Web Hostings records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Ace Web Hosting's server service.
• Notwithstanding the above, customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which customer paid during the term of this contract and any reasonable legal fee and court costs.

Promotional Codes

• By using a promotional (promo) code you waive the option to indicate who referred you to Ace Computers.
• You may not change/submit a promo code or referrer after you've finished signing up.
• Promo codes/referrers are for new customers only - if you use one you may not host on your account any domain ever previously hosted with Ace Computers.

Indemnification

• Customer agrees that it shall defend, indemnify, save and hold Ace Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including resonable attorneys' fees, liabilities asserted against Ace Web Hosting, its agents, its customers, servants 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. Customer agrees to defend, indemnify and hold harmless Ace Web Hosting against liabilities arising out of;
  • Any injury to person or property caused by any products sold or otherwise distributed in connection with Ace Web Hosting's server.
  • Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  • Copyright infringement;
  • Any defective product which customer sold on Ace Web Hosting server

Other Agreements

Customer agrees to abide by the terms set forth in this document as well as other Ace Computers policy documents including, but not limited to;

• Acceptable Use Policy
• Anti-spam Policy
• Unlimited Policy

Customer also agrees to abide by all applicable terms set forth by all Ace Computers partners and subsidiaries.

Contract Revisions

Revisions to this contract will be appplicable to previous contracts revisions will be considered agreed to by the customer on renewal of service as specified in Section - Financial Arrangements.

Transfer

Customer may not transfer this contract without the written consent of Ace Web Hosting.

Contract

These Terms and Conditions constitutes the entire contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of contract thereto are agreed to by the both parties upon renewal of services.