SERVICE AGREEMENT

This is a Service Agreement («Agreement») between Sherlockhost (also referred to as “us” or “our”) and the party named in the relevant Registration Form (also referred to as “User» and/or «Client» and/or «Customer» and/or «You» and/or «Your») incorporated in this document by reference, (including any subsequent Registration Forms, online registration, or any User submitted acceptance or order form known as the «Registration Form»). This applies to purchases of any services by User on the Registration Form, order form or via the control panel (collectively referred to as «Services»). The terms «User» and «You» and «Your» and «Client» in this document includes any and all users, affiliates, subscribers and customers  (including, with no exceptions, Users or non-Users who are provided with banners or links by Sherlockhost to promote the services or products of Sherlockhost or any third party where Sherlockhost is the originator of the the services or products), brokers or others (i) who register for, obtain services or utilize products from Sherlockhost or from any third party products or services offered by, obtained via or related to Sherlockhost, or (ii) who visit Sherlockhost’s website or that of any third party. IT IS EXTREMELY IMPORTANT THAT YOU READ THIS AGREEMENT COMPREHENSIVELY WHEN YOU REGISTER, SIGN UP FOR OR APPLY VIA ANY LEGITIMATE MEANS FOR THE SERVICES OF SHERLOCKHOST. THIS ACTS AS A CONTRACT BETWEEN YOU AND US. IT COMPRISES AN ORDER, THE RELATED DESCRIPTION OF SERVICES AND THIS SERVICE AGREEMENT. BY USING OUR SERVICES YOU ARE ACCEPTING THIS AGREEMENT AND AGREEING TO BE LEGALLY BOUND BY ITS TERMS AND BY THE TERMS AND CONDITIONS INCLUDED BY REFERENCE IN IT, INCLUDING OUR TERMS OF SERVICE (TOS). Sherlockhost may change or modify this Agreement, including any policies or agreements, which are included within it, at any time, at its sole and absolute discretion. These changes or modifications shall take effect as soon as they are posted to the website. Your use of this Site or the Services after any changes or modifications appear constitutes your acceptance of this revised Agreement. Do not use (or continue to use) our Site or the Services If you do not accept being bound by this revised Agreement, Additionally, Sherlockhost may notify you, via email of changes or modifications to this Agreement Therefore it is vital that you update your account information. Sherlockhost assumes no liability or responsibility for your failure to receive an email notification, if such failure results from an inaccurate email address provided by you.

1. Provided Services

1.1. Sherlockhost agrees to provide to the Client the Services, which have been agreed upon between Sherlockhost and Client when selected by the Client via the control panel and/or order form, specified at sherlockhost.co.uk.

2. Invoicing and Payment

2.1. PayPal is the payment method recommended by Sherlockhost. Purchasing our services permits Sherlockhost to initiate a recurring payment plan for your account. You will be re-billed automatically for the products and services, which you choose. Your continued use of the products and services supplied by Sherlockhost implies your acceptance of Sherlockhost’s Terms of Services and any related increase in prices. You furthermore grant Sherlockhost permission to charge your credit card (or PayPal) for any and all requested services. This includes, but is not restricted to, any and all product or service. If a processed payment for products or services is declined for any reason on its due date, your account will be cancelled due to non-payment. This will prevent you from accessing your website or your email.

• UPON ACCOUNT CANCELLATION, ALL COPIES OF THE WEB SITE AND E-MAIL FILES ARE PERMANENTLY AND IRRETRIEVABLY REMOVED FROM OUR SERVERS.
• In the event of account suspension for non-payment of monies owed, re-activation will occur only when all such monies have been paid. We are not responsible for any missing or deleted information following any reactivation.

The Customer agrees that invoices for services provided by Sherlockhost will be sent to the Customer electronically utilizing the email address provided by the Customer in  “Contact Information”. The Customer is entitled to request a printed invoice from Sherlockhost, in consideration of the applicable administrative fee. Considering that the email address provided by the Customer in their Contact Information must be; 1) valid, 2) active and 3) available seven (7) days a week, the Customer may not lodge any claim with Sherlockhost if an emailed invoice is not received. In addition, Sherlockhost shall notify the customer, in the Customer’s account, of all invoices that have been charged to the Customer’s account and the payment status of such invoices.

2.2. At the time Client contracts for the Services, Client shall receive confirmation e-mail, confirming the fees payable to Sherlockhost. Client shall then receive a monthly billing statement for the following month. The monthly billing statement shall reflect any changes in fees, which will become effective after thirty (30) days’ notice as set forth in Section 2.3 herein.

2.3. The current rates may be obtained at sherlockhost.co.uk. Sherlockhost reserves the right to change fees, surcharges, and monthly fees or to initiate new fees at any time. In addition, Sherlockhost may promote special trial offers, from time to time; these will be reflected in the confirmation letter sent to the Client upon registration. If Sherlockhost does not receive the full amount of Client’s Service account balance within fourteen (14) days of invoice date, Client’s Services can be suspended. Account will remain suspended for up to 30 days. If payment is not received after thirty (30)days, Sherlockhost will delete all of the website data from the server. Furthermore, the customer will be charged for resources used during a period of 30 days within the used tariff plan.

2.4. Customer Payment Responsibility
The Customer shall pay Sherlockhost for the Services at the prevailing Recurring, Non — Recurring and usage rates and fees established periodically by Sherlockhost. The Services which the Customer requests on their Order Form and/or their control panel identifies the type and quantities of the Service required, the requested term of the Service and other information required by Sherlockhost to provide and invoice the Service.

3. License to Sherlockhost

User hereby grants to Sherlockhost a non-exclusive, royalty-free, worldwide right and license during both the Initial Term and any subsequent Term to perform the following activities when necessary to perform the Services.
— digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the User Content; and — make archival or back-up copies of the User Content and the User Web site.

— Apart from the above-mentioned rights, Sherlockhost is not acquiring any rights, title or interest in or to User’s Content, User retains all such rights.

— At it’s sole discretion, Sherlockhost reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the stability and integrity of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, User Content and/or Web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. User further agrees to release Sherlockhost from any liability to User for any loss or damage resulting from such conduct.

4. Sherlockhost Content

4.1. Except for User Content, all content available through the Services including, without limitation, any site-builder tools, website templates, themes, designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively known as » Sherlockhost  Content»), are the proprietary property of Sherlockhost or its licensors. No Sherlockhost Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted by Sherlockhost. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Sherlockhost Content. Any unauthorized use of the Sherlockhost Content other than that which is specifically authorized herein is forbidden and will automatically result in termination of your rights regarding the use of the Services and the Sherlockhost Content herein granted. All rights of Sherlockhost or its licensors that are not expressly granted in this Agreement are reserved to Sherlockhost and its licensors. Any permitted use of Sherlockhost Content is subject to the terms of any applicable license. Users shall not remove any copyright notices or photo credits appearing on any Sherlockhost Content when right to use has been granted to the User. Any violation of this section (4.1) will be deemed a breach of this Agreement.

5. Disclaimer, limitation of liability, no additional warranty

5.1. If any limited guarantees are provided by Sherlockhost, these limited guarantees are null and void if Client fails to adhere to Sherlockhost’s TOS and other policies, or breaks this Agreement in any respect. 5.2. Content of the information transmitted through Sherlockhost’s facilities is not monitored, neither does Sherlockhost exercise control over it. Use of the Services or any information included within is at the Client’s own risk.  

Terms of Service

Content

All services provided by Sherlockhost may solely be used for lawful purposes. Transmission, storage, or presentation of any information, data or material in violation of any USA or EU law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material protected by trade secrets and other statutes. The subscriber agrees to indemnify and hold harmless Sherlockhost from any claims resulting from the use of the service, which damages the subscriber or any other party. Sherlockhost servers prohibit the hosting of websites in the following categories:

• Pornographic material, including material of sexual, obscene or violent nature.
• The proxy and anonymizer;
• Crack and Hack sites;
• Sites advertising any illegal activity;
• Torrent-clients and services;
• AutoSurf sites;
• Archives files;
• Lottery websites;
• Web chat rooms, IRC;
• Distribution of audio / video.

Note: Any pornographic or sex-related merchandising is prohibited. This includes sites that may imply sexual content, or Link to adult content elsewhere. This also applies to sites that promote any illegal activity or which contain content that may be damaging to Sherlockhost servers or any other Internet servers. Links to such materials are also prohibited. For further clarification of any of these questions please contact our support department. Sherlockhost has the final decision concerning what constitutes a violation of this provision. Sherlockhost reserves the right to suspend or remove any site at any time for any reason.

Copyright violations

We will comply with the DMCA when handling infringement reports.

System Resource Usage

We will always attempt to separate user’s activities on one server from one another. However, if Sherlockhost’s system administration team determines that an account is utilizing an unacceptable amount of system resources, Sherlockhost may, temporarily, suspend the account in question. “Unacceptable amount” implies that such account affects the efficiency of other accounts, making them slower, less stable or less secure. In extreme cases and if Sherlockhost’s staff deems necessary, an eviction notice may be sent to the an offending account giving them seven (7) days in which to either upgrade to a new hosting solution as recommended by Sherlockhost staff or to locate a new provider. We will endeavor to resolve this issue before resorting to this scenario. Sherlockhost will have the sole right to decide what constitutes a violation of this provision. Each account will be analyzed individually and every attempt will be made to resolve the situation. The distribution of spam or advertising blocks is strictly prohibited. Upon detection of any such infractions, the User profile will immediately be blocked and the User will not be eligible for any refund. Sherlockhost will refuse to continue work further with this user. Warning! Blocking of user’s sites within 24 hours could occur for the following reasons: — If technical software malfunction or other harm is imminent do to use of the Service. — Excessive use of server resources by the Customer, which may lead to a noticeable reduction in the quality of Sherlockhost server’s performance. Sherlockhost reserves the right to recommend to the Customer an alternative tariff plan with higher resource limits in order not to overload the system.

• Actions to scan network nodes to reveal the internal structure of network security vulnerabilities and open ports list.

Backups

Sherlockhost performs nightly backups of all servers. Test period also includes backups. We store four last copies. Accounts that above 5 gigabytes (5GB) can not be backed up.

SPAM

Spamming, or the sending of unsolicited email, from any Sherlockhost server, or using a return email address that is maintained on a Sherlockhost server is strictly prohibited. Similarly, using SPAM to publicize a Sherlockhost hosted site also constitutes as a violation. Sherlockhost will have the sole right to decide what constitutes a violation of this provision. Sites found to be in violation of our Sherlockhost policies will be immediately suspended.

Cancellation

Cancellation requests should be submitted via the control panel. Please include a detailed list of the services you wish to cancel as well as confirmation that you have downloaded a backup of all required files.

Refunds

Refunds are available for 30 days after you purchase any Sherlockhost hosting plan. We guarantee to refund the whole amount if the client is dissatisfied with the service. We will refuse a refund in cases where the client was using our services in inappropriate ways, for forbidden site topics or as described in clause of contract 3. System Resource Usage. There are no refunds for:

• Domain Name Registrations/Transfers/Renewals
• IP Addresses

Test period

Sherlockhost provides a seven (7) day test period for any user who wants to test the web hosting before committing to a contract. A test account is limited in options to prevent fraudulent activities. The test account will be automatically deleted following the trial period. All data will automatically be deleted at the end of the 7-day period. To avoid this deletion, a hosting contract must be completed before the end of the 7-day period.