TERMS OF SERVICE
IDENTIFICATION OF THE PARTIES
Inventia Hosting provides web hosting and domain name registration services to thousands of customers, and has a responsibility to protect each client and make the most complex infrastructure and the latest technologies accessible and available to everyone in the most reliable and secure way possible. The following Terms and Conditions have been designed to ensure the compliance with these obligations.
Additionally certain web services, due to their specific features, may be added to the General Terms of Service, and also be subjected to their own particular conditions of use (hereinafter “Special Conditions”).
Prior to your registration as a Inventia Hosting user and/or the delivery of any data for any purpose and/or use of any service, you must read, understand and accept these Terms of Service, together with all the other policies, principles and other documents governing our website and incorporated therein by direct or indirect reference.
You confirm the acceptance of these Terms of Service by any act demonstrating your assent, including the mere fact of clicking on any button containing the words “I agree” or any similar syntax.
ANYONE WHO DOES NOT ACCEPT THESE TERMS OF SERVICE OF A MANDATORY AND BINDING CHARACTER MUST REFRAIN FROM USING THE SITE AND/OR THE SERVICES AND LEAVE IT IMMEDIATELY.
We reserve the right to modify these Terms of Service, the materials and the design of the website at any time in order to adapt them to the newly enforced rules or laws, as well as those arising from existing codes of conduct in the matter or, if applicable, for strategic corporate decisions with or without prior notice. Please visit the site frequently to check the last update that can be found in the upper part of this Terms of Service page. If you do not accept these changes, you must cancel your registration as explained below. The continued use of the portal after the effective date of such changes implies the recognition and acceptance of the same.
Please check these Terms of Service regularly and read them carefully before using the portal.
IMAGES AND CONTENT
All the images, content, text, software, graphics, data, messages, videos, flash, stories and any other information (collectively called the “Materials”) displayed on Inventia Hosting are protected by the rights contained in the Constitution and other parallel provisions.
You commit yourself not to use or access the website if doing so you would violate the laws of your state, province or country, or violate any law of personal character which would go against you in any court of law.
DESCRIPTION AND AVAILABILITY OF THE SERVICES
1. The conditions set out in this contract are applicable to the hosting services existing on the website at the time of hiring, as well as to their corresponding extended services, detailed on the site.
2. Inventia Hosting will make every effort to keep the web server and the rest of the software up to date. We regularly carry out a comprehensive maintenance of our systems to ensure the security of the network service and maintain its integrity, interoperability and the protection of the data. To this end and whenever such measures are seen as justified for important reasons, we may temporarily suspend, interrupt or limit the service hired either for technical reasons or for maintenance tasks taking always into consideration the client needs at the time they occur. In the same way we are entitled not to install certain updates or patches it we had good reasons to think that the installation of such updates or patches would not benefit the services.
3. As far as possible, Inventia Hosting will perform the maintenance works in off-peak periods.
4. Inventia Hosting is committed to ensuring that the Client can make use of the networks whether these are either directly or indirectly connected to the Inventia Hosting network. However, Inventia Hosting cannot guarantee that these (third-party) networks will be available at any time.
5. Inventia Hosting will make back-ups available to the Client on a daily basis, if this is offered as part of the Service. If this is not the case, the Client will be fully responsible for making back-ups of any data stored by Inventia Hosting.
6. If, in our opinion, the operation of Inventia Hosting’s computer systems or network or third-party networks and/or service provision via a network is at risk, in particular as a result of sending excessive amounts of email or other data, sending excessive amounts of Service Requests, inadequate security systems or virus activities, Trojan horses and similar software, Inventia Hosting has the right to take all reasonable measures it deems necessary to avert or prevent such risk.
7. If dedicated IP addresses were made available, Inventia Hosting reserves the right to modify the IP address assigned to the client as long as it is necessary for technical or legal reasons.
8. Insofar as it is necessary and required, the customer must cooperate in the case a change is needed, for example by reintroducing his access details or making simple adjustments to his systems.
9. The total or partial concession of the use of our servers on behalf of anonymous third parties is strictly prohibited.
10. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Inventia Hosting may, but is not obligated to, monitor your systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
11. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Inventia Hosting may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
12. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Inventia Hosting of an issue, we reserve the right to leave access to services disabled.
13. Inventia Hosting reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
14. If there were any deficiencies, the corresponding legal guarantee regulations will be applied.
To access Inventia Hosting or its available resources, you may be required to provide certain registration information. You can only access the non-public part of Inventia Hosting if you have properly registered on the site. This requires filling out the registration form available for that purpose by filling all fields with valid, accurate, precise and true data. You are solely responsible for the truthfulness, accuracy, validity and authenticity of the personal data entered, without the website assuming any responsibility for such data.
You commit yourself to update this personal data with the frequency, occasion and the regularity that is needed.
In addition, you must provide the payment methods required to formalize any purchase. You agree to keep these methods correct, truthful and up to date, exempting Inventia Hosting from any responsibility and / or charge that could be produced by the failure to update them.
After submitting the online registration form, Inventia Hosting will validate and process your application.
We reserve the right to request any additional information and/or proof that is essential to verify your personal data. In addition, we reserve the right to can use diverse means to verify the accuracy of the data entered.
Inventia Hosting may temporarily or permanently suspend those clients whose data could not be verified.
PASSWORD AND SECURITY
Upon completion of your online registration, you will be able to access your customer area from which you will be able to manage the hired services governed by this contract and request any product you may need.
Since the access to our website is restricted to the introduction and use of of credentials such as an email address and a secret password that only you must know, you are solely and fully responsible for any and all uses and actions that occur under your account, leaving Inventia Hosting safe and unprejudiced by any act related to any misuse of your account that could be performed by third parties. You agree to:
- Immediately notify Inventia Hosting of any suspected or unauthorized use of your password or account or any other breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.
- Ensure that you exit from your account at the end of each session when accessing the Service.Inventia Hosting will not be liable for any loss or damage arising from your failure to comply with this Section.
- If a user fraudulently obtains access to your account, Inventia Hosting may remove his registration immediately and take all necessary and appropriate measures in accordance with the applicable laws. The unauthorized access to this site is illegal and it implies a violation of this Agreement. You will indemnify Inventia Hosting for the all illegal activities conducted through your account. You, upon written request, can access your billing records regarding the charges that have been made through your account.
All orders will be made through the website from the shopping cart set up for this purpose.
Before placing an order, you must register and accept the Terms of Service set by Inventia Hosting to become a client. If you do not agree, the process will be automatically terminated, preventing you from completing the order.
To enter into any contract with Inventia Hosting, you must be of legal age, have sufficient capacity to enter into a contract and have read, understood and accepted these conditions.
Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended members of the Service. If you do not qualify, please do not use our services.
You agree not to attempt to circumvent any security and/or access feature of the site. Inventia Hosting will assume no responsibility for any false information regarding the age of a user.
Inventia Hosting reserves the right to refuse access to, or use of the Service to anyone, and may terminate any account, at any time, in its sole discretion.
You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.
RATES AND PAYMENTS
1. Unless otherwise stated, prices are quoted in euros (€) and are net prices. All payments must be in euros.
2. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site. Inventia Hosting reserves the right to change the prices and characteristics of the services offered on www.inventiahosting.ie at any time without prior notice.
3. Inventia Hosting reserves the right to cancel any order, even after it has been accepted, if for any typographical or technical error there appeared a wrong price and/or one that is manifestly ridiculous
4. The payment for the services provided by Inventia Hosting will be made for the entire period of the contract and it must be made in advance of provision of the services.
5. Inventia Hosting accepts a variety of payment options, including credit and debit cards, bank transfers and PayPal. You expressly authorize Inventia Hosting to make the corresponding charges in the methods of payment that you entered from your customer area and therefore the collection operations conducted by Inventia Hosting, whether they are made by bank transfer, credit or debit card or by PayPal will be considered validly authorized.
6. Use dependent payments will be paid at the end of each billing period.
7. The Client agrees to electronic invoicing. In each individual customer area, Inventia Hosting will issue an electronic invoice for each payment transaction. The sending of the invoices by email is free. If the client requests the mailing of a bill, Inventia Hosting may require a remuneration amounting to € 3.00 per invoice.
8. If the Agreement is a continuing performance agreement, Inventia Hosting has the right to change the rates applied at any time. To that end, Inventia Hosting will inform you of the rate changes via the website or by email at least two (2) weeks in advance. In the event of a rate increase, you are entitled to terminate the Agreement, with due observance of a notice period of one (1) month.
9. Inventia Hosting is entitled to raise all rates agreed upon with you by 4% per year on 1 January, without you being entitled to give notice of termination.
10. Services cannot be registered until payment has been received. The registration will be processed as soon as the due funds have been transferred to Inventia Hosting’s bank account. All transaction costs will be borne by the client.
11. If the payment method you provided to formalize any purchase on Inventia Hosting, such as a credit card, reaches its expiration date and you fail to keep this method correct, truthful and up to date, you acknowledge, agree and authorize Inventia Hosting to continue billing your credit card and you remain responsible for any uncollected amounts, exempting Inventia Hosting from any responsibility and / or charge that could be produced by the failure to update them.
12. You are responsible for ensuring that your bank account contains sufficient funds. In the event of insufficient funds, Services cannot be purchased or automatically extended. You must anticipate day-to-day exchange rate fluctuations. In order to cover the costs that may arise for Inventia Hosting as a result of exchange rate fluctuations, Inventia Hosting is entitled to adjust the prevailing exchange rates, as applied by the European Central Bank, by a percentage of 3%.
13. All full or partial outstanding balance repayments will be subject to a € 25 administration fee. That is to say: If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of €25. These administration costs will also be withheld in the event that the contract is terminated.
14. We reserve the right to block our services if you are behind of your bills or payments as of each billing due date.
15. If you are in default for 3 consecutive days with the payment of any service, Inventia Hosting may terminate the contract for just cause without prior notice. In particular, it will be considered a just cause for the termination prior notice by Inventia Hosting the fact that an insolvency proceeding has been requested or opened on the patrimony of the client or that the opening of such procedure has been denied due to lack of mass.
16. We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force.
MONEY BACK GUARANTEE
1. During the first 30 days of Services, you are entitled to a refund of the basic hosting plan rental fee should you decide to cancel the Services. No full refunds or pro rata refunds will be made after the first 30 days of service should you decide to cancel the Services. This refund policy will not apply to domain name registrations, transfers or renewals.
2. Following the exercise of this right, Inventia Hosting will provide you with a refund of the amount paid for the service through the same payment method that you used to make the original payment.
3. This refund only applies to shared hosting plans and SSL certificates, neither the server management services nor the registration or transfer of domains or any other service that is not indicated here will be entitled to any refund once hired.
4. With regard to Hosting plans, the refund shall apply only to the first hired plan. Any upgrade or downgrade of any plan shall also be exempt from this right.
5. Domain name registration fees and charges for optional extras added to your account are not refundable under any circumstances.
6. In case that when hiring the service Inventia Hosting service has carried out a migration of your website to a new account at Inventia Hosting, the refund shall not apply.
7. You will not be entitled to a refund on this basis if you have previously held an account with Inventia Hosting.
8. If you took advantage of a free domain name offer when purchasing your hosting package, the corresponding domain name registration fee will be deducted from the amount refunded to you should you request a refund within the first 30 days of opening your hosting package. You will continue to remain the legal owner of the domain name and are free to transfer this to another hosting provider should you choose to.
9. Transaction processing fees charged by banks, credit card agencies and PayPal will be deducted from the refunded amount should a refund be claimed under the 30 day money back guarantee. For payments made with a credit card or PayPal this is typically 4.5% of the total transaction amount. There is no deduction for refunds issued to debit cards.
10. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
11. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.
12. In the event a refund of the Services is issued, we reserve the right to deduct from this amount any fees to cover time spent by our support team working on a customer initiated request related to the Services.
1. The provision of the hired services will begin once you have made the payment for the corresponding service.
2. The activation and subscription of the service will depend on the chosen payment method and the time needed by Inventia Hosting to check such payment, the estimated average period not exceeding 72 hours.
3. The duration of this contract will depend on the billing period chosen in the contract form.
4. The contract will be automatically extended with the payment of the invoice for the next period, and it will not be considered finalized until you manifest it in writing to Inventia Hosting, in a period of no less than 15 days. When the contract is resolved in this way, you must pay for all services provided by Inventia Hosting until the resolution and the provision of the pending services will be suspended.
5. The duration of Agreements on the registration or the administration of domain names transferred to Inventia Hosting from another registrar may vary from one day to ten years (starting on the transfer date), depending on the relevant domain. Extensions may be granted for a period of one to ten years, depending on the relevant domain.
1. You may cancel the Services at any time. To do so you must request cancellation of the Services through your Customer Area / Control Panel. Regarding the domain names renewal, you can choose the option of “not renew”.
2. The provisions of this Agreement shall survive its termination, unless expressly provided otherwise. When we process your request for cancellation of registration, you will no longer have access to the non-public areas of the portal.
3. Without prejudice to any other rights or legal provisions, with or without prior notice and in its sole and absolute discretion and/or judgment, Inventia Hosting may immediately issue a warning and suspend or terminate your access and use of the portal and may refuse to provide or block our services at any time, and without a refund if:
- You break or violate any of these Terms and Conditions, any other provision of the Agreement, any applicable laws or ICANN regulations.
- You fail to pay any sums due to us as they fall due.
- We are unable to verify or authenticate any information you provide us with.
- You undertake a misuse of servers, either intentional or due improper coding.
- You commit or promote any type of illegal activity, including fraud, mail bombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, “warez”, “hacking”/”cracking”/”key generators”.
- You offer services to traffic in illegal drugs, gambling and/or obscene materials.
- You offer services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
- Your site had pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, “adult content” and/or the written word of a sexual nature.
- You use ad-servers, attempt to circumvent quota system owned by ‘nobody’, certain podcasting sites, use torrent software, proxies, excessive resource usage or ‘core dumping’.
- You attempt to circumvent any of our security policies, procedures or systems.
- We believe that your actions may cause legal liability for you, our users or ourselves.
In all the aforementioned cases, you will lose all your domain name registration rights.
4. The provision of the services and/or contents by Inventia Hosting has an unlimited duration. Notwithstanding the above, we are entitled to unilaterally terminate this Agreement without penalty at any time without prior notice, if we had substantial grounds for believing that the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, without detriment of what would have been arranged in this respect in the corresponding particular conditions.
5. You agree that neither Inventia Hosting nor any third party acting on our behalf will be liable to you for any termination of your subscription or access to Inventia Hosting. You agree that if your account is terminated by the portal, no attempt to re-register as a user will be made without the prior written consent of Inventia Hosting.
6. Unless the automated systems on Inventia Hosting offer another option, all cancellations, terminations and notifications must be submitted in writing by the Client.
WARRANTY AND LIABILITY DISCLAIMER
Inventia hosting is committed to providing our customers with the safest possible service, which is the purpose of this Agreement, putting all our efforts in performing this task effectively, ensuring that the service is active 24 hours a day, 7 days a week and providing support for any problem that might be caused in relation to our service, except for those incidents that may arise beyond our control (problems with our suppliers, etc …).
Use or the portal shall take place at your own risk. Inventia Hosting shall not be liable, neither directly nor indirectly:
- For the quality, legality, lawfulness, usability, reliability, accuracy, completeness and timeliness of the contents, information stored on the portal pages by them or placed there by third parties.
- For any possible damage or loss that may arise through use of the portal and the services and contents offered on them; in particular, we shall not be liable for the suitability for your purposes of the information and services made available. Responsibility for use of the information and services made available shall rest with you.
- For the contents of all websites linked to from their portals. Responsibility shall lie with the operator of the respective site alone. Inventia Hosting assumes no responsibility whatsoever for any such contents. This declaration shall apply to both links in the portals and links submitted by users on the forums. Many articles on the website may contain expressions of opinion as well as outbound links. Inventia Hosting shall not be responsible for the content, information, opinions or statements of any user or third party entities that are communicated or exhibited through Inventia Hosting. The operator of the website referred to and/or the user who has published the articles on any of the portals shall be solely liable for illegal, incorrect or incomplete contents as well as for any damage caused by the use or non-use of the respective information.
- For ensuring that the contents and services placed by third parties on any of the portals are free of the rights of third parties. Such contents and services may be encumbered with third-party rights so that it may be possible that the users make themselves liable towards such third parties when using these services and contents. Inventia Hosting shall not be liable for the damages resulting from infractions of any user that affect the rights of another user or third party, including copyright, trademark, patents, confidential information and any other intellectual and industrial property. Any use of the contents and services placed by third parties on the portals shall thus be at the user’s sole risk and on their sole responsibility.
- For the damages caused by an inefficient use or in bad faith of the service by the customer.
- For server outages or other events that restrict the availability of the portal either wholly or in part, temporarily or completely.
Except in the event of any intentional or grossly negligent breach of contract, the liability of Inventia Hosting shall be limited to the typical damage foreseeable at the time when the damage occurs.
The liability for loss of data shall be limited to the typical costs and efforts of recovery that would have been incurred within the framework of the customary production of data backups by the user.
You shall be obliged to immediately indicate to Inventia Hosting in writing or by e-mail any possible damage in the sense of the preceding liability regulations so that Inventia Hosting is informed at as early a date as possible and may, together with you, possibly carry out damage limitation and/or reduction. This notwithstanding, you shall also be obligated to take damage limitation measures.
Inventia Hosting shall be liable in case of claims for compensation for damages in accordance with the statutory provisions for intent and gross negligence including intent and gross negligence of their representatives and auxiliary agents. Moreover, Inventia Hosting shall also be liable in accordance with the statutory provisions in the case of any intentional or negligent violation of any fundamental contractual obligation, i.e. any obligation that is of special importance for the fulfilment of the purposes of the agreement and on the fulfilment of which you relied on and you were also entitled to rely on.
YOUR OBLIGATIONS AND RESPONSIBILITIES
You are responsible for:
- The truthfulness, accuracy, validity and authenticity of the personal data entered, without the website assuming any responsibility for such data. You commit yourself to update this personal data with the frequency, occasion and the regularity that is needed.
- The performance of any action that is unlawful, obscene, threatening, abusive, defamatory, blasphemous, profane, libellous, or that encourages any conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
- The transmission, introduction, dissemination and provision of any kind of material or information (data content, messages, pictures, audio and video files, photos, software, etc.) that are contrary to law, morality, public order and these Terms of Service and, where appropriate, to the special conditions that may be applicable.
By way of example, and in no case limiting or excluding, you agree:
- Not to copy, duplicate, translate (either the language or the code) display, redistribute, sell, decompile, reverse engineer, frame or use any html, php, java, or any other technique of framing or create any kind of work based on Inventia Hosting or any of the materials on the website. Not to use any meta-tag or any other “hidden text” using the name of Inventia Hosting or any of his registered trademarks. You agree not to use any automatic device, or manual process to monitor or reproduce Inventia Hosting and not to use any device, software, computer code, hardware or virus to interfere or attempt to alter or damage Inventia Hosting or any other communications on this website. All attempts will be recorded in the system, including the IP address and any other identifiable means and we will contact the authorities to initiate the appropriate legal actions in their entirety.
- Not to evade any tools or circumvent any encryption or security measures used anywhere in Inventia Hosting including stealing passwords or using another person’s name and password or credit card to gain access to a restricted Inventia Hosting area (both from partners as well as friends.
- Not to use any deletion or data mining technique, robots, viruses, or extraction or data collection tools or similar from Inventia Hosting, unzip, reverse engineer, modify or disassemble any of the software aspect of the website, sell, rent, lease, license, sublicense, transfer, distribute, retransmit, time-share, or use as an office service or transfer to third parties the materials or any of your rights of access or use of the materials as provided in paragraph IV including photographs, images, graphics, profiles or texts.
- Not to enter or disseminate racist, discriminatory, xenophobic, proselytizing, sectarian, terrorist, criminal or pornographic contents or any content that violates human rights. In the same way, the client agrees not to host any sites with such contents or that contain hyperlinks to such sites. Inventia hosting reserves the right to suspend in full any site of this type hosted in any of our hosting plans.
- Not to introduce or spread programs (virus and malware) susceptible to cause damage to computer systems service provider, its suppliers or third Users of the Internet network.
- Not to broadcast, transmit or make available to third parties any information or content element that undermines fundamental rights and public freedoms recognized constitutionally and in international treaties or that constitutes unlawful or unfair advertising.
- To procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
- Not to transmit any unsolicited or unauthorized email or advertising, promotional materials, “junk mail”, “chain letters,” “pyramid schemes” or any other form of solicitation whether opt-in or otherwise from our network, nor to promote a site hosted on our network using bulk email, except in those areas (such as commercial areas) that have been specifically designed for it.
Inventia hosting requires all managers of mailing lists to include at least a simple method of a single action to unsubscribe.
Inventia Hosting applies a series of technical measures to combat the sending of fraudulent mail and against the practice of spam from its infrastructures. To this end, Inventia Hosting carries out regular verification measures of the emails sent by the Customer using automatic tools.
We also take these types of measures in case of receiving complaints, from customers or non-customers, regarding sent messages:
– From Inventia Hosting’s servers
– or that include the URLs of the Services hosted in Inventia Hosting
We reserve the right to restrict, limit, interrupt or cancel incoming or outgoing email and the customer’s mail services either temporarily or definitely at any time without prior notice in case of disregarding the spamming warnings or when the bulk email from the Customer Service may affect the integrity and / or security of Inventia Hosting’s network.
- Not to introduce or spread any false, ambiguous or inaccurate information so as to mislead the recipients of information.
- Not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
- To observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
- Not to use the service for streaming purposes.
- Not to impersonate other users using their registry keys to the different services and/or content of the Website.
- Not upload, post, link to or transmit any material which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
- Not to broadcast, transmit or make available to third parties any information or content element that involves a violation of the secrecy of communications and personal data legislation.
SPECIAL CONDITIONS FOR WEBSITE HOSTING SERVICES ON A SHARED SERVER
APPLICATION OF CONDITIONS
These Conditions (together with the General Conditions described in the Terms of Service) shall apply to any contract between Inventia Hosting and the customer for the provision of Shared Hosting Services; and shall prevail over any inconsistent terms or conditions submitted by the customer or implied by law, trade custom, practice or course of dealing. In the event of conflict between these Conditions and the General Conditions, these Conditions shall prevail.
Inventia Hosting’s web hosting infrastructure is accessible to the public via the internet network through the client’s equipment connected to such network.
Within its web hosting infrastructure, Inventia Hosting provides Shared Hosting Services, that is to say: the customer’s website will be hosted on a communal Server with other customers of Inventia Hosting, who collectively share the resources and space available on this Server.
INVENTIA HOSTING’S OBLIGATIONS
1. Inventia Hosting shall endeavor to provide quality Shared Hosting Services with reasonable care and skill and in accordance with best industry practice.
2. Inventia Hosting shall provide the Hardware and Software necessary for the provision of the Shared Hosting Services, the list of the Software available shall vary depending on the options selected by the Customer.
3. Inventia Hosting warrants that:
- The Hardware, Software and the Server shall perform substantially in accordance with the specifications set out in the Order;
- Your use of the Hardware, Software and the Server in accordance with these Conditions shall not infringe the rights of any third party.
Inventia Hosting shall use its reasonable endeavours to ensure that:
- You shall have access to the Server via the Internet 24 hours a day, 7 days a week, 365 days a year on the basis of the level of activity on the Website specified in the Order. If the level of activity on the Website exceeds that specified in the Order, the parties shall seek to agree an increased bandwidth usage and the corresponding additional fees. In default of agreement, Inventia Hosting may suspend Shared Hosting Services
- Any defect, error or malfunction of the Hardware or Software and the Server is remedied as soon as is reasonably practicable, and that you are informed as far as possible and within a reasonable time limit, by email, if such repair or replacement requires the Shared Hosting Services to be suspended so that you can take all measures which you deem
- Any disruption to the Shared Hosting Services which does not result from any breach by the Customer shall be rectified as soon as is reasonably practicable following a request from the Customer;
LIMITATION OF LIABILITY
1. You expressly agree that your use of Inventia Hosting’s Server is at your sole risk. In no event will Inventia Hosting, its directors, employees, agents, third party information providers, merchants or the like be liable to you or any third person for:
- Any act, omission, fault or negligence of any third party, and in particular any unauthorized access to the Website or the Content.
- Any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use or inability to use Inventia Hosting’s services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, communication failure, theft, destruction or unauthorized access to Inventia Hosting’s records, programs or services. You hereby acknowledge that this paragraph shall apply to all content on Inventia Hosting’s Server service.
- Any user content, user websites or other materials accessed or downloaded through the services, even if Inventia hosting is aware or has been advised of the possibility of such damages.
- Any act of piracy, viruses, worms, Trojan horses or other harmful codes that affect or may affect the Server, the Website and/or the provision of the Shared Hosting Services.
- Any actual or suspected security breaches in connection with the Shared Hosting Services;
- Any loss following the uploading of the Website to another server or IT system;
- Any modification (or attempted modification) of the Software by you or a third party not authorized by Inventia Hosting;
- Any loss caused by the operation or non-operation, use or non-use of the Website or the Content;
- Downtime caused by routine or emergency maintenance, repair or upgrade to the Shared Hosting Services provided that, if such maintenance, repair or upgrade requires the Shared Hosting Services to be restricted or suspended, Inventia Hosting shall use reasonable endeavours to notify you by email as soon as reasonably practicable in advance of the likely duration of such restriction or suspension and shall endeavour to resume the Shared Hosting Services as soon as reasonably practicable;
- Any interruption, partial or total failure of the Shared Hosting Services due to any variation of the bandwidth or any failure of the Supplier’s ISP/Access Provider.
2. If Inventia Hosting becomes aware that the security or integrity of the Website has been compromised, we shall inform you by email and, at its sole discretion, Inventia Hosting may require that the Content is re-installed. Inventia Hosting shall be entitled to protect the integrity of the Server by disconnecting it from the Internet until the Website has been re-installed. You shall be responsible for re-installing the Content. Inventia Hosting’s sole responsibility shall be to reconnect the Website to the Internet once it has been re-installed.
3. For security reasons, the operation of Internet Relay Chat services from the Website (including without limitation bots, proxy, bouncer, etc.) or the like is not allowed on our servers.
Inventia Hosting reserves the right to interrupt the service, especially if such service could endanger the security of Inventia Hosting’s web platform, either because that service has been hacked or because you have failed to comply with your obligations to install the necessary updates, resulting in a system security breach. Inventia Hosting agrees to re-establish the connection at your request as soon as you have made the necessary corrections. However, depending on the seriousness of the breach, Inventia Hosting reserves the right to suspend the Shared Hosting Services either temporarily or permanently.
4. Notwithstanding anything to the contrary contained herein, Inventia Hosting’s liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Inventia Hosting for the services in the (1) month prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
YOUR OBLIGATIONS AND RESPONSIBILITIES
You represent, warrant and undertake to us:
- You will use the hosting account allocated to you only for lawful purposes.
- You will promptly inform us if this clause or any sub-clause of this clause has been breached or you become aware that they may have been breached.
- You will only use your individual shared hosting package to host your own web sites only.
- You have the power and authority and all requisite or desirable legal consents and authorizations legally to enter into and perform your obligations under the Contract.
- You have received all relevant information and advice from Inventia Hosting before placing the Order and that you have satisfied yourself that the Services shall be suitable for your particular needs.
- you will not use the Server in any manner which infringes any law or regulation or the intellectual property or other rights of any third party, nor will you authorize or permit any other person to do so.
1. You shall be solely and ultimately responsible for:
- All actions taken under your account. This includes the compromise of credentials such as email address and password.
- Uploading the Content onto the Server and checking that it functions satisfactorily. Inventia Hosting shall not be responsible for any failure of the Customer to upload the Content correctly, and shall not be responsible for providing support in relation to the control and operation of the Content.
- The Content, for the conception or development of the Website, and for your equipment, systems or software necessary for the management of the Website. Inventia Hosting shall have no obligation to validate or vet the Content for usability, legality, content or correctness and shall not, in any event, be liable towards the Customer or any third party for any loss arising from or in connection with the Content. You are solely responsible for complying with all applicable laws and regulations concerning the Content and you shall use your best endeavours to ensure that all Content on the Website does not contain any viruses and/or other harmful code.
- Making regular backups of the Content on any website from time to time. You acknowledge that there is a risk that any material or data generated, stored, transmitted or used via or in connection with the Services may be irretrievably damaged or lost if there is a failure or on suspension or termination of the Services and that Inventia Hosting shall be under no obligation to back-up all such material or data. You shall take any precautionary measures for preserving such material or data in the event of loss, or damage, however caused (Inventia Hosting recommends customers to back up their material at least once a month).
- Any loss or damage to the Website, and shall put in place appropriate insurance cover to cover the risk of any such loss or damage. You may not claim any reimbursement, replacement, or compensation from Inventia Hosting in any circumstances.
- Ensuring that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method.
- Not sending any SPAM or other unsolicited commercial communications of any kind. You acknowledge that Inventia Hosting may install on the Server software to prevent the sending of SPAM or unsolicited commercial communications of any kind by its customers. Any failure to comply with this obligation entitles Inventia Hosting to suspend the Shared Hosting Services either temporarily or permanently depending on the seriousness of the breach.
2. You warrant Inventia Hosting that you own all the intellectual property rights of all the pages and data hosted, that is to say the rights of reproduction, distribution, public communication and transformation of the same for a predetermined duration
Therefore, you declare to fully accept all legal obligations derived from the ownership of your services. Inventia Hosting disclaims any joint liability in this regard, especially in case of violation of the laws or regulations applicable to your services. You declare to have obtained all the authorizations that may be necessary in the matter of copyright, especially before the entities in charge of managing intellectual property rights. You undertake to indicate the identity and address of the owner or the author of the websites hosted and to carry out all the necessary procedures for the creation of your service, according to the current legislation.
USE OF CGI/PHP/MYSQL SCRIPTS
1. Inventia Hosting provides web hosting services that allow you to use CGI/PHP/MYSQL scripts and other executable programs. You have the possibility to create and execute your own CGI/PHP/MYSQL scripts in your own account. These scripts use many more system resources than simple pages, so the use of these features is subject to the restrictions below.
2. If you wish to use CGI/PHP/MYSQL scripts and/or other executable programs on the Website, you undertake to make reasonable use of such scripts and/or programs as defined below.
3. However, in order to provide a good quality service and ensure the smooth operation of Inventia Hosting’s web hosting platform, Inventia Hosting reserves the right to stop the execution of certain CGI/PHP/MYSQL scripts and /or terminate the Service if the use of the scripts and/or executable programs is unreasonable or excessive and/or affects or may affect the Server or the provision of the Shared Hosting Services generally, even if they comply the restrictions mentioned below.
4. Unless your use of the scripts or programs referred to above is grossly excessive or has caused or is likely to cause damage to the website of one of Inventia Hosting’s other customers, Inventia Hosting shall endeavor to give you reasonable notice of such suspension by email.
5. You acknowledge that unreasonable or excessive use of any CGI/PHP/MYSQL scripts or other executable programs is incompatible with the nature of Shared Hosting Services and Inventia Hosting may either give the you the opportunity to opt for Dedicated Hosting Services instead or suspend the Shared Hosting Services without prior notice in order to guarantee a quality of service acceptable to the rest of Inventia Hosting’s Customers.
6. Scripts should never interact with the Service or hardware configuration. Execution of scripts of this type may cause immediate cancellation of your services. Inventia Hosting will take into account the following criteria in deciding whether the use is unreasonable or excessive:
- Daily Traffic
- Number of web requests per day (html, php, cgi, jpg, gif and others);
- Use of the central processing unit (CPU)
- Use of the RAM
- Access by a server sql by simultaneous connections (request/session) only( Inventia Hosting recommends to have short connections and to close them after use);
- For any other reasons not included in these conditions, but which in Inventia Hosting’s sole discretion may damage Inventia Hosting’s IT system.
7. Generally, when any of these criteria are violated, generally, Inventia Hosting shall send you an automated warning email. You shall acknowledge receipt of such email by return and shall inform Inventia Hosting of the reason for such use.
8. Inventia Hosting reserves the right to suspend the Shared Hosting Services without further notice if you do not provide an explanation which is satisfactory to Inventia Hosting within 12 hours of receipt.
9. On the contrary, if the scripts cause problems to other clients (especially in case of hacking or attack) or penalize the service as a whole, they can be stopped without warning. This measure applies to all web hosting products without distinction.
10. You acknowledge that if you make intensive use of these functionalities, you may be asked to upgrade to a higher web hosting plan or a superior platform (VPS, dedicated server, etc.).
11. Uploads and downloads should preferably be performed through an FTP server.
PERMITTED CPU, DATA TRANSFER AND DISK USAGE
All use of hosting space provided by Inventia Hosting is subject to the terms of this Agreement and the Acceptable Use Policy.
Your disk space is for your personal, non-transferable use only. You may not resell or give away disk space to any third party.
Shared hosting space may only be used for web files, active email and content of your Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts.
In addition, you must not place “demonstration” versions of third party web pages on your website. That is, third party websites must not be hosted within your website under any concept or circumstance, regardless of the reason.
Inventia Hosting expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. In the same way, Inventia Hosting reserves the right to decide whether your site is being used to host third party websites. Inventia Hosting may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Inventia Hosting’s Terms and Conditions.
When hiring any web hosting package, you will be assigned a determined disk space for your files. This allowance varies depending on the hosting package you purchase. If your account exceeds your allocated amount, you will receive an automatic e-mail message warning you that you have reached 80% of your contracted limit. If you need more data transfer, you can scale up to a higher plan without losing any data hosted.
Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more data transfer is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.
Unused transfer in one month cannot be carried over to the next month. If you exceed your data transfer limit within the first 30 days of service you are not eligible for the 30 day money back guarantee and you are responsible to pay for any overage.
SHARED ACCOUNTS (NON RESELLER)
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a dedicated or VPS account, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
Sites containing very large files, or lots of large files can consume an unfair proportion of system resources. No one file may exceed 50 MB in size.
We currently do not allow IRC, IRC bots, Relay Chat or the like to be operated on our servers.
FREE MIGRATION WHEN HIRING OUR SERVICES
We will move your website files and databases from your old web hosting account to your new Inventia Hosting account for free! Once your order is activated, simply request your migration. (The only migration included is the one that will be made when hiring the plan, subsequent migrations will be subject to budget)
This free migration service only applies to accounts with a maximum size of 500MB.
We are not responsible for the optimization of the customers’ websites.
1. Inventia Hosting merely acts as an intermediary between the Client and the registry, or any other organization/company responsible for administering the central database. Inventia Hosting does not have any influence on the domain name distribution process. No domain registration under this Agreement shall be deemed effective until we deliver the domain name application or renewal application to the appropriate Registry and the Registry accepts your application and creates your domain name registration or renewal. Submitting your application to us, and our accepting of Fees for your application, by itself does not constitute a successfully registered application or renewal.
2. You acknowledge that we are in no way responsible for and can never guarantee, that the domain name you are applying for is not being applied for by another party or with another registrar, that there are no inaccuracies in the Registry’s WHOIS or other databases, that the search availability results are correct, or that there are errors, omissions, or inaccuracies that occur during the registration or renewal process which affect the result of your registration or renewal application.
3. You further acknowledge and agree that you are solely responsible for ensuring that your registration or renewal has been properly processed. Moreover, you agree that you are solely responsible for ensuring that your domain is renewed on time. Please check your domains within your customer area or through the WHOIS in order to keep track of their expiry date.
4. You will receive a request to pay for any domain name extensions via email, no later than 28 days before the end of the registration period. If payment has not been received before this due date, you will lose all rights to the domain.
5. We may elect to accept or reject your application for registration or renewal at any time for any reason at our sole and absolute discretion, including, but not limited to, pricing errors, attempts to apply for domain names that are prohibited, improper, unavailable, infringe on 3rd party intellectual property or other rights, are questionable or violate any other agreements or terms and conditions contained in this Agreement or other agreements with us. You also acknowledge and agree that we are not liable or responsible in any way for errors, omissions, acts, inaccuracies related to the Site, or actions by any 3rd parties including any gTLD, sTLD, IDN, or ccTLD Registry arising out of your application or potential application for, and registration or renewal of, a particular domain name.
6. You declare that the domain name and/or use of the domain will not undermine or violate the rights of any third party, and guarantee that there are no impediments to registration of the domain name.
7. The various domains are administered by several, generally national, organizations. All these organizations apply their own general terms and conditions regarding the registration of domains and sub-level domains, as well as their own regulations on domain name disputes. If the contractual agreement is to extend to domains, the additional terms and conditions of each gTLD (general Top Level Domain) and ccTLD (country code Top Level Domain) will apply. These additional terms and conditions will be submitted to the Client for notification in the Knowledge Base.
8. All consequences ensuing from violation of the Agreement or the General Terms and Conditions or specific domain contracts will be for your own account and risk. Inventia Hosting cannot be held liable for such consequences in any way.
9. If Inventia Hosting registers a domain name on your behalf, Inventia Hosting will honour requests from you with respect to moving, transferring or terminating this domain name.
10. You will immediately – but within five calendar days at the latest – notify Inventia Hosting in writing of any changes regarding the domain holder’s details.
11. The Registrant explicitly authorizes the Registrar to act as his “Designated Agent” to approve each “Change of Registrant” on his behalf. The Registrant explicitly opts out of the 60-day inter-registrar Transfer Lock after a Change of Registrant. The terms Designated Agent, Change of Registrant and Transfer Lock are as defined in ICANN’s transfer policy (https://www.icann.org/resources/pages/registrars/transfers-en).
12. You agree to resolve any conflicts in accordance with the Dispute Resolution Policies applied by the responsible organizations. These regulations can be found on the Website.
13. You grant(in advance or otherwise) Inventia Hosting the right to register the domain name (or arrange for it to be registered) in its own name, or to transfer it (or arrange for it to be transferred), if:
- You annul or terminate the domain name;
- You fail, after having received a reminder to that effect, to extend the domain name as of the expiry date; or
- You are in default with regard to payment of the extension costs.
14. As soon as the domain name is registered in or transferred to, pursuant to the previous subclause, the name of Inventia Hosting, Inventia Hosting shall obtain the unlimited right to lease, sublicense, sell or otherwise alienate or encumber the domain name, in accordance with the applicable (registry) conditions.
15. For the duration of ongoing administrative proceedings, or a 15-day period after the conclusion of such proceedings, or for the duration of a pending legal case or arbitration period regarding the domain name, you are not entitled to transfer the domain name registration to a third party, unless this third party confirms in writing that it will abide by the court ruling or arbitration.
16. Inventia Hosting does not have any control over the registration of IDN domain names (Internationalized Domain Names) and the service may be modified, interrupted or even terminated by the registry without prior notification. Inventia Hosting is not obliged to guarantee the continued existence or availability of IDN domain names; registration is at your own risk. You acknowledge that the operation of multi-language domains differs from normal domains. You also acknowledge that an IDN may not function at all due to the continual introduction of new technologies.
17. Any IP addresses made available to you will remain under the administration of Inventia Hosting and are non-transferable in the event that you choose to move/terminate the registration. Furthermore, multiple Inventia Hosting clients may operate under the same IP address.
18. Inventia Hosting is entitled to change an IP address or allocate a different address to you at all times.
19. You assure Inventia Hosting that all submitted information and data is accurate and complete. In the event of any modifications to the Account, you also assure Inventia Hosting that these modifications are complete, accurate and truthful. You acknowledge that the provision of inaccurate data may result in the immediate removal of the relevant domain without any reimbursements. In particular, this concerns:
- Your full name, postal address, email address, telephone number, and fax number if available – if the registrar is an organisation, association or business – additional details (name and address) for an authorised contact person;
- If you are planning to use your own Domain Name Server (DNS): IP addresses for the first and second servers;
- The names of the aforementioned servers;
- The full name, postal address, email address, telephone number and fax number if available, of the invoice address; This information must be adjusted if necessary.
20. Inventia Hosting informs you that the domain registration process, as well as the ordering process of other Services, involves the storage and processing of personal details, and that personal data may be transferred to third parties involved in the registration and/or order process. The registration process also includes the storage of personal data in the ‘whois’ database.
21. Inventia Hosting is authorized to use data for the purpose of optimizing its services and tailoring its services more effectively to your needs.
22. Inventia Hosting will ensure an appropriate level of security considering the risks involved in processing the data to be protected and the nature thereof.
23. Inventia Hosting will also guarantee that all persons acting under its authority, to the extent they have access to personal data for which the you are responsible, will only process such data on your instruction, subject to statutory obligations to the contrary.
24. You guarantee that you will only enter personal data in Inventia Hosting’s systems in a manner that is fully compliant with the law.
25. If you are required to adjust, delete or hand over data stored in Inventia Hosting’s systems within the context of a legal obligation pursuant to the Personal Data Protection Act, for instance, Inventia Hosting will facilitate this activity to the best possible extent. The costs of the relevant activities may be invoiced separately.
26. Domain names cannot be booked in advance. Payment for domain names is required before the domain is secured. This means if you choose to pay by Bank Transfer your domain name order will not be processed until we receive payment to our bank account (This could allow someone else to purchase the domain name until we receive payment). We therefore recommend paying for Domain names by Card to ensure your domain name is secured.
27. Domain names extension rates exclusively apply to extensions that are being processed at the time; all future extensions will be charged against applicable rates on the day of extension. You declare that you are aware that the rates for applying for and extending domain names are variable for certain domain names in a Top Level Domain and differ from other domain names within a Top Level Domain. This is the case, for instance, for “Premium Domain Names”. If a registry and/or another supplier increase the prices for a specific extension or other product or service, Inventia Hosting is entitled to pass on this increase to you, without you being able to terminate the Agreement.
28. You agree that you will lose all rights to a domain name if the due charges are reversed by the bank or credit card company, in the event of proven credit card fraud or any other form of chargeback. In such cases, Inventia Hosting reserves the right to decide whether to continue administering or terminate the domain name.
29. The costs of domain name registration and other costs will not be refunded in the event that a contract is terminated prematurely.
30. Advance payments for domains that could not be registered will be credited to your outstanding balance.
LOCAL PRESENCE SERVICE
Specific Terms and Conditions applicable to the Local Presence Service provided by Inventia Hosting.
These Specific Terms and Conditions and the General Terms and Conditions shall be interpreted and applied together as a single instrument (the “Agreement”). To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail.
1. The Service
For selected Extensions and in accordance with the applicable Registry Policy, Inventia Hosting may, at its sole discretion provide the Customer with a local address which shall allow the Customer to meet the Registry Domain Name registration requirements (the “Local Presence”).
The Customer acknowledges that Local Presence Service is a complimentary service provided without any guarantee expressed or implied. In particular, Inventia Hosting shall not be held responsible or liable in the event the Service no longer complies with the requirements of the Registry Policy or is no longer available to the Customer.
The Customer understands and accepts that the Local Presence may only be provided for domain names registered with Inventia Hosting. The Customer consequently accepts that in order to be allowed to transfer a domain name using this Service to another Registrar, the Customer must appoint their own local presence beforehand.
Inventia Hosting retains the right to suspend temporarily or definitely the provision of the Local Presence Service at any time. It is the Customer’s sole responsibility to take any required measures to ensure that they comply, by their own means, with the Registry registration requirement. The Customer understands and agrees that any suspension of the Local Presence Service will lead in the deletion of the Domain Name and that Inventia Hosting cannot be held liable for such deletion.
The Customer commits not to use the Local Presence Service for any illicit or fraudulent purposes and more generally, in any way breach the principles set forth by Inventia Hosting’s General Terms and Conditions.
The Customer understands that any improper use of the Local Presence Service will result in the immediate, and without prior notice, deletion of the Domain Name using this service as well as the complete suspension of the Customer Account if Inventia Hosting deems it necessary.
The Customer accepts that neither Inventia Hosting nor the Provider whose services are used to provide the Local Presence Service can be held liable for the use of the Service made by the Customer.
The Customer commits to hold harmless Inventia Hosting and/or the Provider against any claim and/or suit from any third party based on or arising from the Customer’s use of the Service. This guarantee includes among others that the Customer will fully indemnify Inventia Hosting and/or the Provider for any direct or indirect damages such as but not limited to, all administrative, judiciary or extra judiciary costs incurred for Inventia Hosting and/or the Provider by the Customer’s use of the Service.
You agree that you shall defend, indemnify, save and hold Inventia Hosting harmless from and against any breach by you of these terms and conditions and any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Inventia 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 you, its agents, employees or assigns. You agree to defend, indemnify and hold harmless Inventia Hosting against Liabilities arising out of
- any injury to person or property caused by any products sold or otherwise distributed in connection with Inventia Hosting.
- any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which you sold on Inventia Hosting.
Unless the customer expressly requests otherwise in the registration form or in his customer area section it will be understood that the customer agrees and accepts receiving commercial communications from Inventia Hosting.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
All texts and contents contained in this Terms of Service are property of Inventia Projects Limited and are protected by Intellectual Property Laws.
Any unauthorized use of the aforementioned texts and contents will lead to the initiation of the appropriate legal actions and economic claims.