This Terms of Service Agreement (this “Agreement”) is entered into by and between Kieran Cairns t/a Vimly Digital (Formerly VimlyHost) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:
You agree to use all Vimly Digital services and facilities at your own risk. Vimly Digital specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Vimly Digital be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold Vimly Digital harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Vimly Digital, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Vimly Digital against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Vimly Digital‘s Services.
Unless required by applicable law, our services are provided on “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
Vimly Digital reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Vimly Digital‘s server. Vimly Digital shall be the sole judge of what violates this Policy.
Delivery of Services
While we maintain the highest standards and try for near-instant account activations this is not always possible. At times additional fraud checks or information may be needed, and you must provide said information in a timely manner. We make no guarantees regarding the speed at which an order is completed. Accounts will only enter the setup queue once we have received payment (where applicable; and screened the order for fraud. Accounts are then set up in the order they are paid, received, and screened. In certain cases, it may be necessary to provide government-issued identification and a scan of the credit card used. If you fail to meet any requirements, we reserve the right to cancel your order without notice.
Furthermore, we reserves the right at our sole discretion to refuse or cancel any service for any reason. Violating any of our terms of service could result in an account suspension or termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.
General Terms and Policies
These Terms of Service and Acceptable Use Policies (“Terms and Policies”) are an essential part of your relationship with ourselves and by using your hosting account, you agree to all of the Terms and Policies set out in this document.
Any violation of either, these Terms and Policies or the other rules, regulations or policies may serve as cause for us to suspend or terminate your account. You agree that we have the right, with or without notice, to suspend or terminate your account upon the first or subsequent violation of our terms of service.
Any attempt to circumvent a suspension or termination will result in your access to our services being permanently withdrawn, with immediate effect. We reserve the right to report violations of our terms of service to Fraud Record and other similar services as well as law enforcement for severe offences.
In other words, If you use your service in any of the following ways, we reserve the right to suspend or terminate your account, with or without notice. If you try to avoid a suspension or termination, your account will be disabled.
The client/customer and company/provider irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
Grounds for Suspension and Termination
- Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
- Using an excessive amount of system resources. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Hosting fundraising / other charitable websites which allow for payments, without a valid charitable purpose or evidence of charity registration or tax exemption / giftaid eligibility.
- Hosting websites containing .exe, .apk, .ipa, .dmg, .cmd, .com, .bat, .osx, .msi or .app files;
- Hosting websites which contain emulators or ROM’s
- Hosting websites which contain currency minors.
- Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of £50 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
- Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
- Using your account as a backup service. All files must be part of your website and must be linked to from your account.
- Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
- Uploading, linking to or storing warez, cracks or other pirated/illegal software.
- Using your account for fraudulent purposes, including, but not limited to, hosting phishing pages or credit card generator systems.
- Assisting in distributing copyrighted material.
- Excessively using the Service in such a way as to limit the bandwidth available to others.
- Providing fake or incomplete contact details, including name, postal address and telephone number.
- Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
- Attempting to circumvent a suspension or termination.
- Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
- Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
- Attempting to cancel, supersede, or otherwise interfere with email other than your own.
- Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
- Harassing our company or staff, in any way, including, but not limited to, using Foul & Abusive language in any medium.
- Misusing support services, in any way, including, but not limited to filing multiple duplicate tickets, refusing to cooperate with staff, ignoring advice and guidance or expecting instant support.
- Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
- Furnishing false data on your sign-up form, contract, or online application, including providing incorrect contact information.
- Violating any English Laws (laws that apply to the jurisdiction of England), will result in immediate termination of your account, and the closure of your account. In such cases, we reserve the right to share your personal information for the assistance of law enforcement personnel.
Acceptable Use Policy
Vimly Digital provides unmetered bandwidth on all shared hosting plans and unmetered disk space on the selected packages.
However, this is subject to fair use and any customer using an amount of monthly bandwidth or disk space which we deem, at our sole discretion, to be excessive in comparison to the average usage by other customers on our platform may, at our sole discretion, be advised to upgrade to a bespoke solution and billed accordingly. Refusal
to co-operate with our requests will result in account suspension and/or termination as we must ultimately ensure platform stability and service delivery at all times.
We reserve the right to withdraw support and suspend or terminate the service where hosting accounts are:
- Reselling Disk Space or any other account resources without a reseller package.
- Accounts that utilise 10% or more of their total disk space usage for bulk media storage (public or private).
- Accounts Hosting more than 1GB of backup files (including snapshots), unless the customer is required to keep these for legal reasons and have had written permission from our management team to confirm this.
- Utilising disk space for any purpose other than the hosting of websites.
If you believe your website may be susceptible to high or otherwise abnormal usage you must contact us to discuss the suitability of your hosting environment.
All Hosting packages are automatically assigned 1TB of Bandwidth during account creation. If you are nearing 1TB of bandwidth usage, please submit a support ticket and we will increase the bandwidth limit, as long as your accounts complies with our acceptable use policy.
Most accounts are allocated their full storage allowance upon creation. However, to prevent abuse those with unlimited storage are initially allocated 10GB of storage. Although, we will review your account and increase your storage allocation as required, if you comply with our fair use policy.
We routinely audit all accounts on our network. to ensure their compliance with our terms of service. These audits are performed by our senior management team in strict accordance with the data protection regulations and we will not disclose the results of these audits to anyone other then the registered account holder.
Our general policy is to not inform you that that we have carried out an account audit, unless we have found a terms of service or acceptable usage policy violation. In most cases we will allow you up to 7 days to resolve the issue, unless it significantly impacts our other customers or is in violation of local laws – in which case we will immediately suspend your account.
We understand some customers may store commercially sensitive files on their account. If you do, please inform our management team as a matter of priority and we will discuss this further with you. In most cases, we can exclude specific folders from the audit.
However, there may be an additional fee incurred on your account, if any directory contains more than 1GB of files – as we will treat this as file storage, as we would be unable to review the contents.
Legal adult content as defined by UK law is allowed on Shared Hosting accounts. If the Customer wishes to host adult content on our network, a Dedicated IP Address is required. These can be rented for £5.99 per month.
Suspension & Termination Policy
We will determine, in our discretion, whether there has been a breach of our terms of service or acceptable use policy through your use of our site or services. When a breach of this policy has occurred, we will take appropriate action, which can include any of the following:
- Immediate, temporary or permanent withdrawal of your right to use our site and services.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site and services. Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Please note that it is your responsibility to keep your contact details up to date and to frequently check your emails. Accounts suspended or terminated will not be entitled to any refund or compensation whatsoever and are exempt from our 14 day refund guarantee.
Quality Of Service Statement
You agree not to access or attempt to access private areas of the Service. You agree to notify us as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security of your services.
Our services are not designed for usage by companies that carry out services that require PCI Compliance. Therefore, we do not have our servers audited for compliance. If you use our services for processing of financial information despite this warning, do be aware that we will not accept any liability for damages caused by your misusage of our services.
We do not currently undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent through our abuse form.
Continuing a specific identification of the allegedly infringing material and the location(s) on our facilities where the materials are to be found. Upon receipt of such written notice, we will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If we receive a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, we will send you a copy of that notification. Unless you notify us of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by ourselves, neither ourselves nor any of our affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Ourselves neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that we are not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on our equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless our company and employees, and other customers and subscribers from and against any claims losses, could , liability, damages or expenses arising out of your postings.
We can provide a maximum of 90 days retrospective service credit, for issues within our remit that are raised 30 days or longer after they occurred. For any issues brought up within 30 days of first occurrence, compensation of up to 50% Off Regular Renewal & 60 Day Service extensions are available. For issues beyond reasonable control, there is no expectation of account credit, unless an exemption is otherwise provided by our management team. Please note failure to follow up with any issues within a reasonable amount of time may cause any compensation claims to be delayed and the payout may be reduced. Payments are at the sole discretion of the management team. Compensation may be provided retroactively if a third-party Issue has resulted in issues with your service, but only if we successfully claim payment from the third-party provider.
You understand that you will remain solely responsible for taking backups of your account. We do not guarantee that any self-generated backups will be error free, and customers are responsible for making sure their backups contain all the files they require. Vimly Digital and it’s partners will not and can not be held liable, if the failure of a backup causes you direct, or indirect financial loses.
We reserve the right to terminate any accounts during their period for any reason, including but not limited to retaining financial viability, server stability or overal integrity of the service. In the event of a no fault service termination, we will provide a minimum of 30 days notice and refund the value of all remaining months of service.
In the event a customer choose to terminate their account early, they will not be entitled to a refund for the remaining period of service, unless specified elsewhere in this agreement.
Accounts cancelled as a result of terms of service violations are not entitled to the 30 day notice period or any form service refund.
The account owner is responsible for obtaining backups of their account during their notice period and cancelling any automated subscriptions.
You will retain the ownership rights of any content transmitted through our service if you originally produced it. You are responsible for making sure you have the rights to use any and all copyrighted material present on your website.
Our office hours are currently 1PM-9PM (GMT/BST), however these are subject to change. We are open 7 days a week excluding the following annual holidays: Christmas Day, Boxing Day & New Years Day. We endeavour to respond to all support tickets within one office hour. The service is constantly monitored and urgent tickets will be worked on outside of office hours if required. However, you may not receive an update until the office re-opens. Non-Support related tickets will be responded to within one working day.
We endeavour to provide 100% service availability. However, this is not always possible, therefore our uptime guarantee is 99.9% as measured by our independent monitors at Stats.uptimerobot.com/3QYxYF8Xl. We will refund you up to 50% Off Your Hosting Fees and extend your service by up to 30 days for each month we fail to meet this guarantee. Please note we will not be able to provide credit for issues outside our controls, including but not limited to the following: natural events, acts of government, flood, fire, earthquake, civil unrest, acts of terror, strikes or labor problems, computer, internet, or telecommunications failures, delays or network intrusions, or denial of service and any other degradations of the Service caused by third parties. Claims against our uptime guarantee must be submitted in writing to the Accoutning team for review of the circumstances surrounding the downtime. We do not offer automated credits at this time.
You agree that, should you use the Service to send or receive voice communications, we do not act as a telecommunications carrier or telephone , that there is no representation made by us under any circumstances as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that we have no liability of any sort for the failure or lack of quality of such use of our services.
User may not use our resources for any of the following activities. Participating in any of these activities constitutes to resource abuse and will result in temporary or permanent suspension of any accounts involved.
- Running any type of interactive real-time chat applications that require large amounts of server resources. Remotely powered chat applications are however fully permitted for usage on our servers.
- Running stand-alone, unattended server-side processes at anytime on our servers.
- Running any software that interfaces with an IRC (Internet Relay Chat) network.
- Running any bit torrent application, tracker or client.
- Run any gaming servers such as counter-strike, half-life or battlefield1492.
You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. We have no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access to any material you may find objectionable where applicable.
Establishment of this service is dependant upon receipt of payment of all stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup (monthly or yearly terms).
Service may be interrupted on accounts that fall overdue (such as a credit card being declined or expired). We may, at our sole discretion, charge an administration fee (not to exceed £10.00GBP) to reinstate a suspended account.
Subscriptions through Stripe & PayPal will automatically renew up to 7 days before your service expiry date.
We use all reasonable endeavours to keep your renewal price unchanged. However, we reserve the right to alter our prices or introduce additional charges at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent via email to the email address that we hold for you in our account.
If you have already purchased a service, then the price alteration will only become effective when the service reaches the end of its current term. Automated renewals at the incorrect rate are void, unless indicated otherwise by management.
When payment is declined from your chosen payment method we will send an email notification and retry payment the following day, this will occur 3 times over a 3-5 day period. After this period if we have not received payment or had notice from you that the due payment is in hand, your account will be subject to suspension or termination.
Your Contact Information
It is very important you keep your email address and telephone numbers on file with us current. Failure to keep us updated with accurate contact information may mean important communications don’t reach you, resulting in suspension or termination of your hosting account.
Clients can choose to be billed in GBP, USD, EUR or INR. The default currency is GBP. VAT / Sales Tax is not charged on any services.
Customers may at any point decide to cancel their services with or without any prior notice or reason. We require all customers to follow our official cancellation procedure, which require customers to visit our cancellation form located within our website and fill in the appropriate information, along with proof of ownership of the account you are attempting to close..
Please be aware Services will be terminated within 24 hours of your cancellation request and accounts can not be restored after this period has passed. Additionally, it is the account holders responsibility to obtain any data they require before requesting cancellation.
It is your responsibility to cancel any recurring payments through PayPal or Direct Debit. You will not be entitled to a refund or compensation of recurring fees paid after account cancellation if you failed to cancel them.
Refunds & Payment Disputes
14 Day Moneyback guarantee is available for one single order of Shared cPanel Hosting. The cost of any addons included in your package will be deducted from the refund amount. Refunds are made to your orginial payment method. Unless advised otherwise by our billing team, we do not offer prorate refunds. Services other than cPanel Hosting are provided by third-party vendors and you should refer to their terms of service for details on refund policies.
Please note any orders purchased with a discount code are not eligible for a refund. Only items ordered directly via our website, without the use of a discount code, discounted product or an affiliate link, are elegible for a refund.
All domain name registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your term. Pleae be careful when ordering as spelling mistakes and ‘typos’ cannot be corrected or refunded under any circumstances.
Payment disputes including chargebacks are subject to a minimum £50 GBP Administration Fee in addition to fees charged to us by the payment processor. Additionally, your account will be subject to suspension throughout the investigation. If we believe you have fraudulently placed a charge back, regardless if it’s successful, we reserve the right to charge an additional £100 GBP Administration Fee and your account will be subject to immediate termination.
These terms of service where last modified on 22/07/2020.
– Added PCI Compliance Clause
– Clarified Acceptable Usage Policy
– Added Auditing Information