Tidyhosts
Legal Policies
Terms of Service [v3 07/2019]

[1] Introduction

It is the responsibility of all customers of the Tidyhosts network and services to ensure that they comply with the latest edition of the Terms of Service and associated policies at any given time.

These Terms of Service may be revised, without notice, at any time, at the sole discretion of Tidyhosts Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms of Service.

In the event of a breach of this policy, Tidyhosts reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers.

[2] Account Provisioning

Tidyhosts will provision new accounts after full payment is received. To combat fraud the payments will be reviewed before the account is created. It is the customers responsibility to provide valid contact details when ordering new services, a welcome email will be sent to the email address when the order has been processed. The customer must ensure that junk filters exclude the domain tidyhosts.com.

These Terms of Service may be revised, without notice, at any time, at the sole discretion of Tidyhosts Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms of Service.

In the event of a breach of this policy, Tidyhosts reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers.

[2] Content

Customers must use the services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British law is prohibited. The list of banned content includes, but is not limited to;

(a) Illegal Material – This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.

(b) Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.

(c) HYIP – We do not allow any HYIP sites, or sites that link to or have content related to HYIP sites.

(d) Defamatory content – any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image. Any customer found to be using the services for any of the purposes contained in a-d may have their account terminated without notice. The Customer agrees to fully and effectively indemnify Tidyhosts against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by Tidyhosts in consequence of the Customers breach or non-observance of this Clause 3. The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against Tidyhosts arising from breach or breaches of this Clause 3. Tidyhosts may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide Tidyhosts with the assistance necessary to defend such claims, at the Customer’s sole expense.

[3] Payments

You agree that until and unless you notify Tidyhosts of your desire to cancel any or all services received, those services will be billed on a recurring basis and should be paid within the 15 days of notification. If you wish to cancel a service please contact billing@tidyhosts.com. Refunds will not be granted unless agreed by Tidyhosts under exceptional circumstances.

Tidyhosts may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not, in any way, relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and all collection fees, including legal expenses.

Under no circumstances will payments be allowed to be claimed back through a 3rd party such as PayPal without contacting Tidyhosts first, this will count as a late payment and interest will be applied as well as any legal and collection fees that Tidyhosts may incur. A late fee of £10 will be applied to all accounts and will accrue daily.

We reserve the right to change the monthly payment amount and any other charges at anytime.

Invoices are generated 15 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 2 days after the official due date. If no attempt is made within the next 2 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 19 days from the official due date will pass before we permanently terminate your account.

[4] Cancelation And Refunds

All payments to Tidyhosts are non-refundable, including any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time that the dispute occurred. If you dispute a charge to your credit card issuer that, in Tidyhosts sole discretion, is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay Tidyhosts an additional “Investigation Fee” of £80.

Any Cancellations must be reported to Sebae Ltd 7 days before the next recurring charge is due, and 30 days for annual payments including domains. Failure to do so does not entitle you to a refund for the next recurring charge taken. All payments due must be paid in full unless otherwise agreed.

[5] Bandwidth Usage

Where stated, you are allocated a monthly bandwidth allowance, excluding packages that include an unmetered 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.

[6] Termination

We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.

[7] Indemnification

Customer agrees that it shall defend, indemnify, save and hold Sebae Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Sebae Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Tidyhosts against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tidyhosts; (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 the customer from Tidyhosts.

[8] Disclaimer

Tidyhosts will not be responsible for any damages your business may suffer. Sebae Ltd makes no warranties of any kind, expressed or implied for services we provide. Sebae Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Tidyhosts and its employees.

Tidyhosts is a trading name of Sebae Ltd. We reserve the right to revise these policies at any time.

Privacy Policy [v3 07/2019]

[1] Collection Of Information

Tidyhosts needs certain personal data to enable it to provide its products and services to its customers and end users. The personal data collected will generally include: company name, company size and sector, individual contact names and job titles for delivery, installation, support and billing, postal address, telephone and fax numbers, e-mail addresses.

Tidyhosts also uses personal data when applying for a domain registration or digital certificates on behalf of our customers, the data supplied will contain contact information as required by the naming authorities.

Tidyhosts also has access to personal data that is generated over the Network utilised by Tidyhosts services including IP and email addresses for incoming and outgoing data and network usage data. In certain circumstances Tidyhosts may also collect financial information about customers and end users from third parties to enable Tidyhosts to assess its risks in granting credit terms and contact information about organisations Tidyhosts considers may be interested in our products and services.

We do not store credit card information. All online transactions are processed through 2checkout, PayPal or bank transfers. You do not need to create an account when purchasing via these 3rd parties.

How Does Tidyhosts Obtain Personal Data?

We only use and process personal information for the purposes described in this Privacy Policy. In addition to the above, such purposes include:

[a] Orders placed by customers (whether by telephone, fax or email or by application form)

[b] Making the sites or services easier to use by eliminating the need for you to repeatedly enter the same information

[c] Providing our services

[d] Auditing, research and analysis in order to maintain, protect and improve our services

[e] Ensuring the technical functioning of our network

[f] From resellers who pass on personal data to Tidyhosts about end users

[g] Marketing events

[h] Enquiries made by existing and potential customers

No-Spam Policy

We have a strict No-Spam Policy prohibiting the use of any data collected to send spam. We will not sell any contact information to third parties.

Choices For Personal Information

When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose defined herein and in the terms of the services offered then we will ask for your consent prior to such use. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our features and services may not function properly if your cookies are disabled. You can decline to submit personal information to any of our services, in which case we may not be able to provide those services to you.

Information Sharing

We only share personal information with other companies or individuals in the following limited circumstances:

[a] We have your consent

[b] Sharing the information with our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

[c] We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to; satisfy any applicable law, regulation, legal process or enforceable governmental request, enforce applicable Terms of Service, including investigation of potential violations thereof, detect, prevent, or otherwise address fraud, security or technical issues, or protect against harm to rights, property or safety, of our users, us or the public as required or permitted by law.

[d] We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users by demographic. Such information does not identify you individually.

[e] As permitted and described in the respective terms of service of each of our services and in the Hostr Customer Master Agreement

Information Security

We take appropriate security measures to protect against unauthorized access to or unauthorised alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorised access to systems where we store personal data.

We restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Accessing And Updating Personal Information

When you use our services, we provide you with access to your personal information, and to correct this data if it is inaccurate.

Changes To This Privacy Policy

As part of Tidyhosts commitment to compliance with GDPR, and to reflect changes in Sebae Ltd operating procedures, Sebae Ltd may update the terms of this policy from time to time and will post the revised policy at https://www.tidyhosts.com/terms-of-service

Acceptable Use Policy [v3 07/2019]

[1] Use of Services

Tidyhosts reserves the right to suspend or cancel a customer's access to any or all Services provided by Tidyhosts, where Tidyhosts decides that the account has been inappropriately used. Tidyhosts reserves the right to refuse Services and/or access to its servers to anyone.

Tidyhosts offer unlimited web space and bandwidth with some account types. By this, we mean unlimited space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any material which does not comply with our content guidelines

Tidyhosts provides unlimited, burstable bandwidth and Burstable RAM with some of the services and for these resources we require that you do not continuously use an unreasonable excess of such resources. Use of them in a temporary, burstable fashion is acceptable.

Tidyhosts will suspend access to, or cancel, an account which, contains invalid or fraudulent details and initiates a payment card chargeback.

Our customers agree, not to re-sell or offer for the use of third parties any part of our services, unless you have purchased a reseller package, or a dedicated server.

[2] Acceptable use guidelines

You may not use the Services:

[a] in any way that breaches any applicable regulation , UK or International law.

[b] in any way that is fraudulent;

[c] to host any material which is in breach of our content guidelines

[d] to transmit, or otherwise permit any unsolicited or unauthorised advertising or promotional material or any other form of similar marketing material ,also known as SPAM or Unsolicited Commercial E-mail (UCE)

[e] to publish or otherwise distribute Warez, copywritten or other illegal material. The onus is on You the customer to prove that You own the rights to publish material, not for Fasthosts to prove that You do not.

[f] to participate in any file-sharing/peer-to-peer activities;

[g] as a file backup store. All files uploaded to a domain on our servers must be visible and accessible by visiting that domain, unless they are hidden files needed to operate the website; we reserve the right to delete files which do not match these criteria without giving notice to you.

[h] to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy Services, anonymous or otherwise, are not allowed.

[i] to use an excessive amount of server resources. These include bandwidth, processor utilization and / or disk space.

[3] Content guidelines

These content guidelines apply to any and all services provided by Tidyhosts to You.

Material published to or transmitted through our servers must:

[a] be accurate (where stating facts);

[b] comply with applicable law in accordance with this policy.

Material must not:

[a] be defamatory of any person;

[b] be obscene, offensive, or inflammatory;

[c] infringe any copyright, or trade mark.;

[d] be likely to deceive any person;

[e] promote or assist any illegal activity;

[f] be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

[g] be used to to misrepresent your identity or affiliation with any person or organization;

You must ensure that any end-user submitted content such as forum posts or chat room entries meet with the standards defined within this Policy.

[4] Enforcement

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of Tidyhosts Services. When a breach of this policy has occurred, we may take such action as we deem appropriate in accordance with section 1 of this Acceptable Use Policy.

Failure to comply with this Acceptable Use Policy constitutes a material breach of our Terms of Service upon which you are permitted to use Tidyhosts services, and may result in our taking all or any of the following actions:

[a] immediate, temporary or permanent withdrawal of your right to use Tidyhosts Services;

[b] coimmediate, temporary or permanent removal or archiving of any content in breach of our Content Standards;

[c] issue of a warning to you;

[d] issue of 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;

[e] further legal action against you; or

[f] disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Cookie Policy [v2 07/2019]

What are cookies?

A cookie is a small file, which is downloaded to your device or computer when you access a website. They contain the following information: a site name and unique user ID, the duration of the cookie's abilities and the effects, and a random number. As a rule, cookies cannot be used to reveal your identity or personally identifying information.

Our use of cookies

[1] We use cookies to improve your experience on our websites and for functionality purposes, for example, if you choose to order our services, you must consent to us placing a cookie on your computer.

[2] We use cookies to obtain information on the usage of our website.

[3] We use cookies to track visits to our website which have been referred to us, this helps in ensuring our refers are paid accordingly.

[4] We also use cookies for marketing our products, for example if you visit a product on our website, and you then visit another site which uses Google ads, you will see one of our products appear as a reminder.