TERMS OF SERVICE
The use of services from Donegan Group Limited, Registered in England and Wales. Company number: 10316368 Registered Office Address: Donegan Group Limited, Suite 7, The Oval Office, St Peter’s Park, Cobblers Way, Radstock, BA3 3BX. [hereafter referred to as “DeguWeb”] constitutes agreement to these terms.
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account or the rejection of your order. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit/debit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Our transfers team will make every effort to help you move your site to us; however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.
We will assist you for free in transferring your account from your old provider(s) for up to 7 days from the date your account was registered. After 7 days a fee starting at £60 per cPanel account or site to be moved will apply.
When transferring from a provider that is not cPanel powered or does not allow access to full cPanel backups, a transfer fee of £60 may apply for a single account or site. Multiple domains configured in an external server may, in some situations, be considered multiple accounts for transfer.
All services provided by DeguWeb may only be used for lawful purposes. The laws of the England and Wales apply.
The customer agrees to indemnify and hold harmless DeguWeb from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email email@example.com with the information required. If the request is of a licensing issue, we may require further documentation.
Examples of prohibited material on all Shared, Reseller, Premium, VPS, and Dedicated Servers include:
Explicit Adult Content [such as pornography], IRC Bots, ClickJackers, proxy scripts / anonymizers, pirated software / nulled software / warez, public image dumps (similar to PhotoBucket), public file dumps (similar to RapidShare), RapidLeech, game servers, commercial banner ad services, commercial audio streaming (more than one or two streams), escrow, high-yield interest programs(HYIP) or related sites, investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, bank debentures, bank debenture trading programs, prime banks programs, lottery sites, muds / RPGs, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities, IP scanners, brute force programs, mail bombers, spam scripts, and forums that distribute and/or link to warez content.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice
Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via ticket/email and will have a response within 24 hours.
If in doubt regarding the acceptability of your site or service, please contact us at firstname.lastname@example.org and we will be happy to assist you
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be terminated with or without notice
Violations will be reported to the appropriate law enforcement agency
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
The security of your control panel (hub.deguweb.com), cPanel, WHM, FTP, and SSH credentials are your responsibility. You are required to maintain a strong and secure password for these services and that you do not share these credentials with any other services (i.e. not using the same password for your email as well as your cPanel account). We recommend your password be no fewer than 8 characters, include at least one of each of the following: an upper case letter, lower case letter, a number, and a symbol. We also strongly suggest rotating your password at least once every 3 months.
You are expected to use a secure form of FTP to connect to our servers such as FTPES (FTP Explicit over SSL) or sFTP (Secure FTP). Standard FTP is insecure and transmits your username and password in plain-text which should be avoided. Standard FTP is only available for legacy application requirements.
All software must be kept up to date, including scripts, plugins, and themes, or otherwise be secured against unauthorized intrusion or hacking. In the event that we are made aware of an account that has been compromised or hacked, we may immediately suspend the service pending a full investigation. We may invoice the account holder of the compromised or hacked account an investigation fee at the rate of £60 per hour rounded up to the nearest hour.
- All shared hosting accounts are limited to 250,000 Inodes (Files).
- Shared Hosting is limited to 1 CPU Core, 1 GB RAM, 20 Entry Processes, 100 Processes, 20 Megabytes/second I/O, and 25 Concurrent MySQL Connections
Accounts found to be consistently exceeding these limits will either need to optimize to reduce usage or upgrade to a Dedicated plan.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any account found to be sending spam will be suspended and/or terminated with or without notice at our discretion. All purchased lists even if offered as a “safe list” or “double opt-in” will be treated as spam. Any user who sends out spam may have their account suspended and/or terminated with or without notice. Please read our mailing policy for our generalized mail policy.
Sites advertised via SPAM (spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated
DeguWeb reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. We may invoice the account holder of the account responsible for sending spam an investigation and clean-up fee at the rate of £60 per hour rounded up to the nearest hour.
Any account found to be hosting a phishing page will be suspended and/or terminated with or without notice at our discretion. Phishing is defined as any site that masquerades as another trustworthy site in attempts to acquire sensitive information such as usernames, passwords, credit card information, banking information, pin numbers, or any other personal information
Phishing pages result in stolen identities, stolen banking information, stolen credit card information, and fraud that can cause the victims of these pages weeks, months, years, or even a lifetime of problems. Due to the serious issues that phishing pages cause, phishing is not something that is taken lightly. In the event that your account is suspended for phishing there is a very good chance that your account will not be re-enabled.
Any account suspended or terminated due to a phishing policy violation will be ineligible for refund. We may invoice you an hourly fee of £60 per hour rounded up to the nearest hour for all time spent investigating any report that results in account suspension or termination.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You agree to supply appropriate payment for the services received from DeguWeb, in advance of the time period during which such services are provided. You agree that until and unless you notify DeguWeb of your desire to cancel any or all services received, those services will be billed on a recurring basis
We accept all leading Debit/Credit Cards, and Bank Transfers upon request. We do not accept PayPal, cheque or echeque.
Cancellations must be done in writing via the cancellation form provided in the client dashboard. Once the cancellation is submitted via our support system you will receive a cancellation confirmation. At this time, your account with us has been cancelled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately. Do make sure to check your “spam” or “junk” folder for this confirmation message.
As a client of DeguWeb, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.
Invoices that have been paid more than once are automatically added as credit towards the account and will not be refunded. If you require assistance with this provision, please contact email@example.com.
DeguWeb reserves the right to change the monthly or yearly payment amount and any other charges at any time.
We understand and will exercise our statutory right to late payment fees and interest under the Late Payment Of Commercial Debts (Interest) Act 1998 if we are not paid according to our payment terms.
DeguWeb provides a 3 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 3 days and is not paid in full will result in account suspension until the account balance has been paid in full. Invoices are assessed a late fee of 10% or £5, whichever is greater, when they become 3 days past due. Any account that is overdue for 60 days and has not paid will be automatically terminated.
DeguWeb provides a 1 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 2 days and is not paid in full will result in account suspension until the account balance has been paid in full. If the invoice is still outstanding by day 3 we will add a £20 late fee. This is non-negotiable. Any account that is overdue for 7 days and has not paid will be automatically terminated.
Please note that bank transfers can take up to 7 working days and we can not be held responsible for uncleared payments
DeguWeb reserves the right to change the monthly payment amount and any other charges at any time
We understand and will exercise our statutory right to late payment fees and interest under the Late Payment Of Commercial Debts (Interest) Act 1998 if we are not paid according to our payment terms.
PayPal subscriptions and payments via PayPal are no longer accepted by DeguWeb.
As required by the ICANN we will send a domain renewal notice 30 days and 5 days prior to expiration as well as 5 days after expiration.
We renew domains 7 days prior to their expiration to allow time to resolve any issues that may arise preventing the renewal of the domain such as but not limited to: an expired credit card, insufficient funds in your PayPal account, bank holidays, etc.
If a domain is set to auto-renew we will attempt to renew it automatically on the renewal date. If the domain fails to renew on the renewal date we will try again on the expiration date. If a domain is set to not auto-renew you will still receive the renewal notices 30 days and 5 days prior to expiration as well as the reminder 5 days after expiration although we will not attempt to renew the domain for you. If you do wish to renew a domain that is set to not auto-renew you can do so manually from the domain details in our control panel (hub.deguweb.com)
Your use of the service is at your sole risk. DeguWeb is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on DeguWeb servers. While DeguWeb does maintain backups of your files and/or data on our Shared, Reseller, Premium and VPS platforms we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account larger than 5 gigabytes may, at our discretion, be excluded from our backup systems with or without notice. All cPanel backup files, backup-*.tar.gz and cpmove-*.tar.gz, older than 72 hours will be removed from the server automatically and we suggest downloading said backups to an off-server location. Dedicated Server services are not backed up by DeguWeb.
Cancellations must be submitted via our Billing and Support system at hub.deguweb.com. Cancellations requested via e-mail will not be honored and directions will be provided to submit a cancellation via our Billing and Support system. Refund requests after the initial 30 days of service will result in a pro-rated credit being added to your DeguWeb client account. Prorated credits will be calculated less any promotions or discounts applied to the term being credited. After 30 days a prorated refund may be given at DeguWeb’s sole discretion for accounts in good standing. Any prorated refunds will be calculated less any promotions or discounts applied to the term being prorated.
There are no refunds for Dedicated Servers, Custom Annual Plans, lifetime plans, design services, or domain registrations. All deposits and licenses are non-refundable including, but not limited to: cPanel Licenses, Softaculous Licenses, WHMCS Licenses, and LiteSpeed Licenses
Any abuse of our staff or threats that may amount to damages or costs to DeguWeb in any medium or format will result in the suspension or termination of your services without refund and contact stopped by all mediums.
Customers may cancel at any time via the cancellation form in your client dashboard. DeguWeb gives you an unconditional 30 day money back guarantee on managed shared, premium, vps, and reseller solutions. There are no refunds on dedicated servers, administrative fees, install fees for custom software, design services or domain name purchases
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. If you have opened a second account with us, it will not be eligible for refund.
DeguWeb reserves the right to cancel any account at any time with or without notice.
Violations of these Terms of Service will waive the refund policy and no refund or credit will be granted
Users may not:
- Use 25% or more of system resources for longer then 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, MySQL, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers
- Run any software that interfaces with an IRC (Internet Relay Chat) network
- Operate any sort of chat box, shout box, or other chat platform that is hosted directly from our servers
- Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
- Run cron entries with intervals of less than 5 minutes without prior written approval.
- Use Shared, Premium, or Reseller hosting accounts for the storage of backups or other data not related to active websites.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of
When executing a local script via cron, execute it locally via
php -q ~/public_html/the-script-name.php > /dev/nulland not via “wget”. If “wget” is absolutely required, append
-O /dev/nullto the end of the cron.
The backup process which packages and compresses your account can be very resource intensive and as such all backup processes should be performed during off-peak times as defined in section 8c of this document. Any backup process found to be causing performance issues for others on the server due to backup generation during peak time periods can be disabled and, at our discretion, the account suspended until the account holder contacts our support department. Reseller accounts may not generate a backup for more than a single account at a time.
Off-peak times which are acceptable for backup generation are defined as:
- Monday through Friday from 10 PM GMT to 7 AM GMT
- Saturday and Sunday at any time [12:01 AM GMT Saturday to 11:59 PM GMT Sunday].
DeguWeb does not recognize or condone the usage of Dedicated IP addresses in a shared, reseller, or Premium environment for any purpose other than SSL as required by the SSL Protocol. Any site located on a Dedicated IP without an active SSL certificate can, at our discretion and without warning, be moved to a shared IP address of our choosing.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. 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 bandwidth 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. You will be billed for bandwidth usage beyond your allocated amount at the rate of £5 per gigabyte. Unused transfer in one month cannot be carried over to the next month or refunded.
Each of DeguWeb’s shared, reseller, premium, and VPS services carry a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund. Any domain name registered for free will be deducted from the refund
No refunds will be granted for dedicated servers, colocation, custom plans, lifetime plans, design services, and domain registrations — the 30 day money back guarantee does not apply
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of DeguWeb dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact firstname.lastname@example.org with justification. All requests must be made in writing via email/ticket within the 7 days following the calendar month where the uptime guarantee was not met. Uptime guarantees only apply to shared, reseller, and Premium solutions.
Our Dedicated Servers and Virtual Private Servers are covered by a network uptime guarantee in which credit is given prorated for the amount of time the network is down. The network availability guarantee only applies to Dedicated Servers and Virtual Private Servers as our Shared, Reseller, and Premium offerings are covered by our Uptime Guarantee.
Resellers are responsible for supporting their clients. DeguWeb does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. DeguWeb will hold any reseller responsible for any of their clients actions that violate the law or these terms of service.
Shared and Premium accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account, virtual private server, or dedicated server.
DeguWeb reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter and internal company policies. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. DeguWeb reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact email@example.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
We reserve the right to change prices listed on DeguWeb, and the right to increase the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold DeguWeb harmless from any and all demands, liabilities, losses, costs and claims, including reasonable lawyer fees asserted against DeguWeb, 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. Customer agrees to defend, indemnify and hold harmless DeguWeb against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with DeguWeb; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from DeguWeb’s server.
Under no circumstances, including negligence, shall DeguWeb, its offices, agents or any one else involved in creating, producing or distributing DeguWeb services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the DeguWeb services; 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 DeguWeb’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on DeguWeb’s servers.
By using any DeguWeb services, you agree to binding arbitration. If any disputes or claims arise against DeguWeb or its subsidiaries, such disputes will be handled by an arbitrator of DeguWeb’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
DeguWeb shall not be responsible for any damages your business may suffer. DeguWeb makes no warranties of any kind, expressed or implied for services we provide. DeguWeb disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by DeguWeb and its employees.
DeguWeb may disclose any subscriber information and files, databases, access logs, and other account data to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable
DeguWeb provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues. Unlike many hosting companies we do our best to help with scripts, templates and programming languages. However, under no circumstances is DeguWeb obligated to help YOU in the installations of new application modules, templates and/or programming languages, setting up email clients, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a £60 one time fee will be enforced.
Upgrades and other changes in DeguWeb’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customers hosted content and/or applications. DeguWeb reserves the right to change its network in its commercially reasonable discretion, and DeguWeb shall not be liable for any resulting harm or damages to Customer.
DeguWeb reserves the right at any time and from time to time to amend, improve or correct the Services, Software and/or Hardware (or any part thereof) provided that such modification does not materially affect the overall quality of the Services. This includes the right to substitute the Hardware with Hardware of similar specification, where necessary. DeguWeb shall endeavor to give the Client reasonable notice of such modifications but this may not always be possible and DeguWeb shall not be liable to the Client or to any third party for any such modification or any failure to give such notice.
DeguWeb shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond DeguWeb’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
24.) Changes to the Terms of Service
DeguWeb reserves the right to revise its policies at any time without notice.