These General Terms and Conditions, together with any applicable Service-Specific Terms, Data Processing Agreement (DPA), Special Offer Terms, and the Acceptable Use Policy, collectively form the agreement (the “Agreement”) under which innoweb hosting Internet Limited (“innoweb hosting”) agrees to provide services to its customers. By creating an account with innoweb hosting and using our services, you (“Customer”) acknowledge and agree to be bound by this Agreement in its entirety. If you do not agree to these terms, you must immediately cease using our services.
For the purposes of this Agreement, “We,” “Our,” or “Us” refer to innoweb hosting Internet Limited and its associated group companies. “You,” “Your,” or “Customer” refer to the individual or entity that accepts this Agreement. This Agreement constitutes a binding and enforceable legal contract between innoweb hosting, its associated group companies, and you.
Acceptance of Terms
1. Customer Registration
To access and use innoweb hosting’s services, you must complete the registration process and submit an order through our website. By doing so, you accept and agree to be bound by the terms outlined in this Agreement.
2. Contract Formation
This Agreement becomes effective upon innoweb hosting’s acceptance of your order. innoweb hosting reserves the right to accept or decline any order at its sole discretion.
Duration and Termination
1. Term of the Agreement
This Agreement shall remain in effect until terminated in accordance with the provisions set forth herein.
2. Termination by innoweb hosting
innoweb hosting reserves the right to refuse or cancel any order at its discretion, whether before or after payment has been processed. In the event of a cancellation, a full refund will be issued for any payments made.
3. Right to Refuse Service
innoweb hosting reserves the right to refuse service or cancel orders at its sole discretion, with or without providing a reason. If payment has been processed, a full refund will be issued for any cancelled orders.
Service Provision and Migration Support
- 1. Service Availability
innoweb hosting will make every reasonable effort to ensure that the Services are available to the Customer on the date agreed upon and specified in the Order form. However, the service start date will only commence once innoweb hosting has successfully delivered the product or service to the Customer.
- 2. Migration Assistance
innoweb hosting is not obligated to assist with the migration of services from third-party hosts. However, upon the Customer’s request, innoweb hosting may offer paid support on a best-effort basis to facilitate the migration, including providing temporary high-speed internet connections or other necessary assistance. The Customer is responsible for supplying all required information and full cooperation during the migration process. innoweb hosting makes no guarantees regarding the success, completeness, or timeliness of any migration effort.
Fees and Payment Terms
Unless expressly stated otherwise, all services are provided on a prepaid basis. Payment must be made in advance for all services and products to ensure continued access. The Client is required to settle the proforma invoice or the invoice associated with a new order or ongoing service subscription prior to the commencement or continuation of the service. The Client’s obligation to pay the fees continues during any disputes, with adjustments or refunds to be addressed separately.
1. Invoicing
innoweb hosting will issue proforma invoices or invoices for the applicable fees in advance at intervals determined during the term of this Agreement.
2. Payment Deadline
The Customer is required to pay the invoiced amounts before the earliest due date of the service, product, or invoice.
3. Full Payment Requirement
All payments under this Agreement must be made in full, without any set-offs, withholdings, or deductions.
4. VAT and Fees
innoweb hosting is registered for VAT. All fees quoted in relation to this Agreement are exclusive of VAT, unless explicitly stated otherwise.
5. Payment Methods
Payments can be made using Credit Cards, Debit Cards, Direct Debit, Bank Transfer or the payment details provided by innoweb hosting. By providing a Credit or Debit card, you authorize innoweb hosting to charge the card for any invoices under this Agreement through Continuous Payment Authority.
6. Payment Clearance
A payment is considered received once it has cleared in innoweb hosting’s account. Payments made via methods other than Credit or Debit Cards may require an additional 48 hours (2 business days) for clearance. The Customer is responsible for notifying innoweb hosting once the payment has been made.
7. Consequences of Late Payment
If the Customer fails to pay any amount due under this Agreement:
(a) A late fee of 5% of the total invoice amount may be applied;
(b) Interest on the overdue amount may be charged at a rate of 10% per year, accruing daily and compounded quarterly, until full payment is received;
(c) innoweb hosting may engage a debt collection agency, initiate legal proceedings, or take other actions to recover the overdue amount, all at the Customer’s expense;
(d) The Services may be suspended;
(e) Immediate payment of the full outstanding balance may be required;
(f) A lien may be placed on the Customer’s equipment, software, data or services;
(g) Services may be terminated;
(h) Any future payments may be applied towards overdue invoices;
(i) Attempts may be made to recover funds using any payment method associated with the Customer’s account.
9. Disputed Payments
If a payment dispute arises through a payment processing company or bank, innoweb hosting reserves the right to suspend associated or all customer services. The Customer will be responsible for covering all costs related to payment disputes, including fees from Credit Card processing companies or their agents, and a processing fee of £75 per hour. These costs are due immediately.
10. Fee Disputes
Any disputes regarding proforma or issued invoices must be raised by the due date, typically within 7 days of the proforma or standard invoice being generated. Failure to raise a dispute within this timeframe will result in the invoice being deemed accepted, and the right to dispute will be forfeited. The undisputed portion of the invoice must still be paid in accordance with this Clause.
11. Fee Increases
innoweb hosting reserves the right to increase fees at the beginning of each renewal period, provided that the Customer is given 30 days’ prior notice.
12. Security Deposits
At any time before or during the term of this Agreement, innoweb hosting may require the Customer to pay a deposit or provide another form of security.
13. Direct Debit Failures
In the event that a Direct Debit payment is returned unpaid, a £10 surcharge will be applied for each failed payment.
14. Non-Refundable Credits
Any credits or funds deposited via the ‘Add Funds’ feature are non-refundable.
15. Non-Refundable Payment Methods
Payments made using without Credit Card, Debit Card or Bank Payment are not refundable.
16. Refunds
Refunds are provided solely at the discretion of innoweb hosting. If a refund is approved, a processing fee of at least 5%, with a minimum charge of £20, will be applied.
17. Compliance-Related Payment Queries
If a payment is flagged for compliance reasons by innoweb hosting’s bank or payment processor, the payment will not be considered successful until the Customer fulfills all compliance requests to the satisfaction of innoweb hosting and its payment processors.
IP Address Ownership and Management
The ownership and control of any IP addresses provided to the Customer as part of the services will remain with innoweb hosting. innoweb hosting retains the right to modify or revoke any or all IP addresses at its sole discretion and at any time. In the event of such changes, innoweb hosting will make reasonable efforts to minimize disruption to the Customer. All IP address assignments are contingent upon the continued validity of the criteria upon which they were originally based. If the specific purpose for which an IP address was assigned no longer exists, or if the assignment was made based on information that is later found to be inaccurate, the IP address assignment will be considered invalid.
Bandwidth Management
1. Bandwidth Limits
Each service includes a specific bandwidth allocation as outlined in the Order Form, unless stated otherwise.
2. Bandwidth Monitoring
innoweb hosting will monitor and measure the Customer’s bandwidth usage to ensure compliance with the allocated limits.
3. Measurement Accuracy
All bandwidth measurements conducted by innoweb hosting are final and binding.
4. Exceeding Bandwidth Allocation
If the Customer exceeds the allocated bandwidth, innoweb hosting may either apply a charge of £10 per additional 1TB (£0.010 per GB), limit the port speed to 10 Mbps until the end of the month, or apply both, unless otherwise specified.
5. Customer’s Monitoring Responsibility
The Customer is responsible for monitoring their bandwidth usage. innoweb hosting is not obligated to notify the Customer if they approach or exceed their bandwidth limit. Monitoring tools are available through the Customer Portal or via third-party software.
6. Fair Use Policy
For all packages, whether limited or unlimited, if bandwidth usage primarily consists of very small packets (under 100 bytes), fair use policies will apply. Additionally, if a product exceeds 50TB of total monthly bandwidth usage, innoweb hosting may review the traffic patterns and request further details from the Customer regarding their usage. For instance, the use of very small data packets (under 100 bytes) may be considered a violation of the fair use policy, leading to service limitations or additional charges.
7. DDoS Protection
DDoS protection services are provided by innoweb hosting on a best-effort basis, without guarantees unless agreed upon in writing. innoweb hosting reserves the right to block or divert traffic to null routes to maintain network stability.
8. Prohibition on Bandwidth Tunneling
Using innoweb hosting’s DDoS protection to tunnel bandwidth for equipment located in another data center is strictly prohibited unless explicitly agreed upon in writing.
9. Bandwidth Usage Distribution
The Customer agrees to evenly distribute their bandwidth usage across the billing period. Should usage exceed the agreed limits, innoweb hosting may implement the following actions:
•For Metered Products: Incoming and/or outgoing traffic may be limited to 10mbps until the billing period ends.
•For 95th Percentile Products: The highest week’s 95th percentile usage may be used as the basis for calculating the entire month’s billing.
Support
1. Helpdesk Availability
innoweb hosting will provide a helpdesk facility on Business Days, available from 9:00 am to 5:00 pm (London Time).
2. Emergency Support
innoweb hosting will make reasonable efforts to ensure that a member of its staff is available outside of Business Hours, including on Bank and public holidays in England, to address emergencies. Emergency Support is limited to network and hardware issues only. innoweb hosting is not responsible for resolving issues related to the client’s applications, software, or operating system (OS).
3. Requesting Support
The Customer must submit all support requests through the helpdesk, providing at least the following details: service identification (such as username, service ID, or IP address), a description of the problem, and the steps to reproduce the issue.
4. Issue Resolution
innoweb hosting will use reasonable efforts to address and resolve issues raised by the Customer in a timely manner, typically within 24 hours. However, innoweb hosting does not guarantee that all issues will be resolved within this timeframe or at all.
Customer Obligations
1. Compliance with Policies and Legal Requirements
The Customer agrees to use the services in accordance with innoweb hosting’s Acceptable Use Policy and all applicable laws and regulations. Any breach of these terms may result in immediate suspension or termination of services. innoweb hosting reserves the right to take immediate action, including suspension of services, if the Customer fails to comply with these obligations. The Customer shall indemnify and hold innoweb hosting harmless against any and all damages, losses, liabilities, costs, and expenses (including legal fees) arising from any violation of the Acceptable Use Policy or applicable laws by the Customer or any third party using the Customer’s services.
2. Cooperation and Assistance
The Customer must actively cooperate with innoweb hosting by providing all necessary information, documents, and support required for effective service delivery. This includes aiding in resolving any service disruptions, security issues, or outages by involving relevant personnel and ensuring collaboration with third parties as needed.
3. Account and Password Security
The Customer is responsible for maintaining the confidentiality of all account credentials, including passwords, and ensuring their secure use. The Customer must regularly update passwords and promptly report any unauthorized access or suspicious activity to innoweb hosting. innoweb hosting is not liable for any data losses or security issues resulting from the Customer’s failure to secure their account.
4. Service Use and Resale
The services provided under this Agreement are intended solely for the Customer’s use. The Customer may not resell or transfer these services to any third party without obtaining prior written consent from innoweb hosting. If authorized to resell services, the Customer assumes full responsibility for ensuring that all end users comply with innoweb hosting’s terms, policies, and acceptable use standards. innoweb hosting accepts no liability for any losses incurred by the Customer or third parties resulting from reselling activities.
5. Accurate and Timely Information
The Customer must provide innoweb hosting with accurate and up-to-date information, including security credentials and access to business applications. The Customer is responsible for ensuring that all information shared is correct, complete, and not misleading. The Customer agrees to immediately notify innoweb hosting of any changes to their information, including contact details, to ensure uninterrupted service.
6. Notification of Breaches
Should the Customer become aware of or suspect any breach of this Agreement, including unauthorized access to the services, they must immediately inform innoweb hosting. Prompt notification is critical for addressing potential security risks or other issues.
7. Software Licenses
The Customer is responsible for securing the necessary licenses for any third-party software required to fully utilize the services, such as Operating System licenses. The legality and validity of these licenses are the Customer’s responsibility.
8. Resource Utilization Limits
The Customer must ensure that their resource usage does not exceed the limits specified in the Order Form and this Agreement. If resource usage exceeds these limits, both parties will make reasonable efforts to negotiate an amendment to the Agreement. If the parties are unable to reach an agreement within a reasonable timeframe (not exceeding 24 hours) after innoweb hosting notifies the Customer of the need for such an amendment, and if the excessive resource usage continues, the Customer will be considered in material breach of the Agreement. In such cases, innoweb hosting reserves the right to suspend, limit resources, or terminate the product or service as outlined in the Termination Clause.
9. Service Suspension and Termination
innoweb hosting reserves the right to suspend or terminate services if the Customer fails to comply with these obligations. The Customer will be liable for any damages, losses, or expenses incurred by innoweb hosting due to the Customer’s non-compliance or breach of the Agreement.
Data & Data Backups
1. Customer Responsibility for Data Backups
The Customer is solely responsible for maintaining up-to-date backup copies of all their data, including data stored on innoweb hosting’s servers or within its applications. This responsibility extends to all content, such as written materials, images, and any other data stored on innoweb hosting’s systems. The Customer acknowledges that they should implement and maintain a primary backup strategy independent of any backup services provided by innoweb hosting.
2. innoweb hosting’s Backup Services
innoweb hosting may offer paid backup services utilizing its own solutions and/or third-party products. However, innoweb hosting does not guarantee the success, completeness, or accuracy of these backups, nor does it guarantee the ability to restore data from these backups. The Customer should consider these services as a supplementary backup solution, not a primary one. In the event that a backup service is linked to a specific service and that service is terminated, all associated backups will be permanently deleted.
3. No Responsibility for Data Loss
In the event of data loss or damage, regardless of the cause, innoweb hosting will not be liable for recovering or providing access to any data stored on its servers. While innoweb hosting will make reasonable commercial efforts to assist in restoring data following a system or server failure, the Customer accepts full responsibility for ensuring they have adequate backup copies of all data.
4. Internet-Related Risks and Service Security
The Customer acknowledges the inherent risks associated with using the internet, including potential interruptions, errors, and security vulnerabilities. innoweb hosting cannot guarantee uninterrupted or error-free service, nor immunity from security threats. The Customer understands that innoweb hosting is not liable for any unauthorized access to their data or misuse of the Services, unless such incidents result directly from innoweb hosting’s failure to meet reasonable security obligations.
5. Prohibited Activities Affecting Service Security
The Customer agrees not to engage in, nor allow others to engage in, any activities that could interfere with or compromise the security or functionality of innoweb hosting’s Services. This includes attempts to test vulnerabilities, unauthorized access, or actions that disrupt service provision or infringe upon the privacy of data transmitted via innoweb hosting’s systems.
6. Data Ownership and Legal Compliance
All data created or stored by the Customer on innoweb hosting’s servers or within its applications remain the property of the Customer. innoweb hosting makes no claim to ownership of this data. The Customer is responsible for ensuring that all data, particularly personal data, is managed in compliance with applicable laws and regulations. Where the Customer submits personal data related to third parties, they must have the necessary permissions or legal basis to share such information with innoweb hosting as part of the Services. The terms of innoweb hosting’s Data Processing Agreement apply to any personal data processed in connection with the Services, and the Customer agrees to comply with these terms.
7. Limitation of Liability for Data Backup Services
innoweb hosting’s liability concerning data backup services is limited to the monthly fee paid by the Customer for the backup service. innoweb hosting does not assume responsibility for the integrity of third-party backup services or platforms, nor does it offer assistance with the configuration or recovery of backup programs or services.
Acceptable Use Policy
1. Permissible and Prohibited Activities
The use of our Services must be conducted within the bounds of the law and in a responsible manner. The following activities are expressly prohibited:
(a) Engaging in activities that violate any local, national, or international laws or regulations.
(b) Conducting unlawful or fraudulent activities, or pursuing any purpose that is illegal or deceitful.
(c) Causing harm or attempting to cause harm to others, including minors, or infringing upon the personal rights of individuals.
(d) Violating or attempting to violate intellectual property rights, including copyright, trademark, trade secret, or other proprietary rights.
(e) Sending unsolicited or unauthorized advertising materials, promotional content, or other forms of solicitation, including spam and mass mailings without prior approval.
(f) Participating in or promoting defamatory, indecent, obscene, offensive, threatening, or abusive behavior.
(g) Intentionally transmitting or uploading harmful software or code, such as viruses, worms, or spyware, that could damage or interfere with computer systems or data.
(h) Engaging in activities related to cryptocurrency, including but not limited to “mining.”
(i) Operating a Tor Exit Node or participating in similar anonymity networks.
(j) Acting in any manner that contradicts the terms of your agreement with innoweb hosting.
2. Unacceptable Use Criteria
Beyond the general principles outlined above, specific actions deemed unacceptable include, but are not limited to:
(a) Posting, transmitting, or storing content via innoweb hosting’s Services that is illegal, threatening, abusive, obscene, indecent, or defamatory, or that infringes on intellectual property rights.
(b) Installing or distributing unlicensed or pirated software.
(c) Reselling innoweb hosting’s Services without prior written consent, unless you are an authorized reseller.
(d) Engaging in deceptive marketing practices.
(e) Restricting or interfering with the use and enjoyment of innoweb hosting’s Services by others, or generating excessive network traffic unrelated to normal personal or business use.
(f) Introducing malicious software or code into innoweb hosting’s network, including viruses and worms.
(g) Attempting to breach security or disrupt internet communications, including unauthorized access to data or accounts, port scanning, or packet spoofing.
(h) Conducting unauthorized network monitoring or intercepting data not intended for you.
(i) Circumventing user authentication or security measures on any network, host, or account.
(j) Executing denial of service attacks or other activities designed to disrupt service to any user other than yourself.
(k) Using scripts, programs, or commands that interfere with or disable another user’s terminal session.
(l) Failing to adhere to innoweb hosting’s policies and procedures regarding the use of its facilities.
(m) Providing false or misleading information during the order process, including fraudulent use of credit cards or attempts to manipulate measurement processes such as bandwidth usage.
(n) Sending unsolicited emails, including junk mail or advertising material, to individuals who have not requested such communication, are not previous customers, or with whom there is no existing business relationship.
(o) Engaging in harassment, whether through language, frequency, or the size of email messages.
(p) Forging mail headers or engaging in unauthorized use of email addresses.
(q) Soliciting responses or email addresses with the intent to harass or collect replies.
(r) Creating or forwarding chain letters or pyramid schemes.
(s) Sending unsolicited emails from within innoweb hosting’s network to advertise services or products.
(t) Exporting or re-exporting content in violation of applicable laws, including those of the United Kingdom, without necessary licenses and approvals.
3. Enforcement and Response to Breaches
innoweb hosting reserves the right to determine, at its sole discretion, whether there has been a breach or suspected breach of this Acceptable Use Policy. In such cases, we may take any of the following actions:
(a) Immediately, temporarily, or permanently suspend your access to the Services.
(b) Remove or disable access to any content or material you have posted, transmitted, or stored.
(c) Issue a formal warning.
(d) Initiate legal proceedings to recover damages and costs, including but not limited to, reasonable administrative and legal expenses incurred as a result of the breach.
(e) Take further legal action against you, as deemed necessary.
(f) Report the breach or suspected breach to law enforcement authorities or any other relevant regulatory body.
(g) Temporarily or permanently withdraw your right to use the Services while an investigation is conducted.
(h) Disable access to any offending content or material during the investigation.
(i) Disclose relevant information to third parties as necessary to protect our rights or comply with legal obligations.
innoweb hosting is not liable for actions taken in response to breaches or suspected breaches of this policy, and services may be suspended or terminated without prior notice
innoweb hosting excludes liability for actions taken in response to breaches or suspected breaches of this Acceptable Use Policy. The measures described in this policy are not exhaustive, and we may take any other action we reasonably deem appropriate.
4. Monitoring and Responsibility
The Customer acknowledges that innoweb hosting does not actively monitor the content of Hosted Materials or the use of the Services. The Customer also acknowledges that innoweb hosting is not responsible for the content, data, or streams published, transfered or stored on the Customer’s services.
5. Material Breach
Any breach of this Acceptable Use Policy by the Customer will be considered a material breach of the Agreement under the Termination Clause.
Service Level Agreement (SLA)
- Datacenter Availability Commitment
innoweb hosting does not own the data center facility or the infrastructure necessary to operate data center services. The power and HVAC systems are managed by the data center service provider, and innoweb hosting has no control over these services. Therefore, innoweb hosting is not responsible for any interruptions caused by the data center facility or its services.
2. Network Availability Commitment
innoweb hosting guarantees 100% network availability during any given month. Network availability is defined as:
(a) The ability to transmit and receive data across network equipment owned and managed by innoweb hosting.
(b) The ability to connect to innoweb hosting’s border routers via any of the network providers listed at innoweb hosting’s website.
(c) DDoS protection services are provided on a best-effort basis without guarantees unless otherwise agreed in writing. Any downtime resulting from a DDoS attack on the Customer’s service is excluded from this guarantee.
3. Hardware Functionality Commitment
innoweb hosting is committed to ensuring the proper operation of hardware provided as part of our dedicated services. This commitment covers the following hardware components: chassis, processor(s), memory, storage device(s), motherboard, power supplies, and network interface card(s). It does not cover the time required to rebuild a RAID array, reload the operating system, configure applications, or restore from backup. You company name is only responsible for taking proper actions for hardware side, your company name is not responsible for Raid array, reload OS, applications or restoring backup.
Hardware faults will be identified within 2 hours and resolved within 4 hours of a fault occurring after the client inform the Your company name over the ticket system.
4. Downtime and Notification
“Downtime” refers to the periods when the Service Levels specified above are not met, excluding scheduled maintenance, partial service outages, and circumstances outlined in Clause “Exclusions”. Downtime is measured from:
The time you raise a ticket in innoweb hosting’s ticketing system, notifying us of the service unavailability; and The time the unavailability is verified by innoweb hosting’s technical team.
Downtime continues until the affected Service Level is restored, as confirmed by innoweb hosting’s technical team. Downtime for different Service Levels affecting the same service cannot be aggregated; only the downtime for the most severely impacted Service Level will be considered. Any disputes regarding the extent or overlap of unavailability will be resolved at innoweb hosting’s discretion.
5. Service Credits
In the event of Downtime, you may be eligible for Service Credits calculated as a percentage of your Monthly Recurring Charge (MRC) or the monthly equivalent for yearly payments, excluding taxes and any additional services not included in your original service package.
- You will receive a credit of 3% of your monthly fee (or the corresponding monthly amount) for the main service, excluding any add-ons, licenses, or related services, for every 15 minutes of Downtime within a given month.
6. Maximum Service Credit Limit
The total Service Credits you can receive in any given month will not exceed 100% of your MRC or the monthly equivalent amount.
7. Exclusive Remedy for Downtime
The Service Credits outlined above are your sole and exclusive remedy for any Downtime or failure to meet the Service Levels, and represent innoweb hosting’s entire liability for such failures.
8. Conditions for Service Credits
Service Credits are only payable if:
(a) Downtime is verified as described above, and
(b) You have paid all relevant fees, including those for the month in which the Downtime occurred, and are in good financial standing with innoweb hosting.
9. Requesting Service Credits
To qualify for Service Credits, you must submit a written request to innoweb hosting within 14 days of the end of the month to which the Service Credit relates. Failure to do so will result in the forfeiture of your right to Service Credits. Verified Service Credits will be issued within three calendar months of your request. innoweb hosting may, at its discretion, apply Service Credits against any outstanding fees.
10. Services Not Covered by Service Credits
(a) Remote Hands Services: Technical support services, including hardware, network, and software configuration, troubleshooting, and installation, are available 24/7 but do not qualify for Service Credits. Remote Hands services are billed at a rate of £150 per hour during Working Hours and £250 per hour outside of Working Hours, unless otherwise agreed in writing. A minimum charge of one hour applies.
(b) Deployment Services: If agreed, innoweb hosting will deploy servers according to the details specified in your Order Form, provided you supply the necessary information and assistance. If innoweb hosting fails to deploy the servers due to its own fault, you are entitled to a refund of the setup fee for the affected server. This refund will be your sole remedy for deployment delays.
(c) Network Configuration Changes: innoweb hosting may accommodate reasonable requests to change network configuration at its discretion. Such changes are chargeable under Remote Hands rates unless otherwise agreed in writing.
11. Exclusions from Service Credits
Service Credits will not be granted for failures to meet Service Levels that are:
(a) Not due solely to the fault or negligence of innoweb hosting, its employees, agents, or contractors.
(b) Caused by Force Majeure events.
(c) The result of faults on your part, including those by your employees, agents, contractors, or customers.
(d) Due to abuse or misuse of the Services by you or others to whom you have given access.
(e) Caused by your failure to use reasonable security precautions.
(f) Due to planned maintenance.
(g) Related to your breach of the agreement with us, including suspensions of services due to such breaches.
(h) The result of limitations imposed by you on the provision of the Services.
(i) Due to inherent hardware or software defects.
(j) Resulting from design flaws in your systems.
Service Suspension & Maintenance
1. Suspension of Services
innoweb hosting reserves the right, without assuming liability, to suspend or limit the Services or disconnect any Equipment under the following circumstances:
(a) If we deem it necessary to protect our interests, your interests, or those of a third party;
(b) If you violate any terms of this Agreement (including the Acceptable Use Policy), or if we have reasonable grounds to believe that such a violation has occurred or is imminent; or
(c) If required by law or upon request from a regulatory or governmental authority.
2. Temporary Service Interruptions for Maintenance
innoweb hosting may temporarily suspend part or all of the Services to perform repairs, maintenance, or upgrades to our systems. We will strive to minimize these interruptions and schedule them outside of Working Hours whenever feasible.
3. Advance Notice of Planned Service Suspension
Wherever possible, we will provide you with at least 3 calendar days’ notice before any planned suspension of Services, unless circumstances necessitate a shorter notice period.
4. Conditions for Restoring Services
If the suspension is due to an issue or vulnerability related to your Equipment or systems, Services will only be restored once the problem has been resolved to the reasonable satisfaction of innoweb hosting.
5. No Liability for Suspension
innoweb hosting will not be held liable for any Service suspension, disconnection of Equipment, or system outages under the conditions described above. The Customer will not be entitled to any offset, discount, refund, or credit as a result of such actions. Additionally, any downtime resulting from these suspensions will be excluded from SLA calculations.
Refund Policy
1. General Refund Policy
All fees for Services and Products are non-refundable, except as specifically outlined in this clause. Refunds will only be issued under exceptional circumstances, such as if innoweb hosting is unable to deliver the agreed services, or as required by law.
2. Exceptions for Company-Initiated Cancellations
In the event that innoweb hosting chooses to cancel your service for reasons other than your breach of contract, you may be entitled to a pro-rata refund based on the remaining period of your current contract term. The pro-rata refund will be calculated by dividing the amount paid for the current term by the number of days in that term and multiplying by the number of days remaining.
3. No Refunds for Breach of Terms
If you breach any of the terms of this Agreement, you will not be entitled to any refund, even if your service is subsequently canceled as a result of the breach.
4. Non-Refundable Products/Services
Domains, SSL certificates, software licenses, third-party services and products, remote hand tasks and setup costs are non-refundable. These items are sold based on an upfront commitment and cannot be converted back to cash or refunded under any circumstances.
5. Credit Notes and Reseller Funds
Credit notes issued by innoweb hosting can only be used to pay (or partially pay) for your Services and are non-refundable. Any unused reseller funds on account are only recoverable when the account is fully closed, and no other services are active.
Termination, Cancellation, and Consequences
1. Termination of Specific Services by the Customer
The Customer may terminate a specific service at any time before its due date; however, innoweb hosting is not obligated to refund any fees for the unused portion of the service. The Customer agrees that any remaining service days are non-refundable upon such termination.
2. Termination of Specific Services or the Entire Agreement by innoweb hosting
innoweb hosting reserves the right to terminate either specific services or the entire Agreement with immediate effect in the following situations:
(a) If the Customer violates the terms of the Acceptable Use Policy;
(b) If the Customer provides false, misleading, or inaccurate information to innoweb hosting;
(c) innoweb hosting may also terminate either specific services or the entire Agreement with 24 hours’ notice to the Customer, along with a refund for any unused service days for any terminated services.
3. Immediate Termination for Breach or Insolvency
Either party may terminate specific services or the entire Agreement with immediate effect by providing written notice if the other party:
(a) Commits a material breach of any term in this Agreement, and:
(i) The breach is not capable of being remedied; or
(ii) The breach is capable of being remedied, but the party fails to remedy it within 30 days after receiving written notice requiring its correction;
(b) Fails to pay any due amount in full and on time under the terms of this Agreement;
(c) Is dissolved, ceases to conduct all or substantially all of its business, or becomes unable to pay its debts as they become due;
(d) Becomes insolvent or is declared insolvent, or if an administrator, administrative receiver, liquidator, trustee, or similar officer is appointed over any of its assets;
(e) Is subject to an order for winding up, or passes a resolution for winding up, except for the purpose of a solvent reorganization where the resulting entity assumes all obligations under this Agreement; or
(f) (If an individual) dies, becomes incapable of managing their affairs due to illness or incapacity, or is the subject of a bankruptcy petition or order.
4. Consequences of Termination of the Entire Agreement
Upon termination of the entire Agreement, innoweb hosting will retain all rights under the Agreement, including but not limited to claims, indemnities, warranties, liabilities, confidentiality obligations, and any other provisions that survive termination. Termination of the Agreement does not affect any rights or obligations accrued up to the date of termination, including any outstanding payment obligations. The Customer will not be eligible for a refund of any Fees upon termination of the Agreement and remains responsible for fulfilling any outstanding payments to innoweb hosting.
5. Consequences of Termination of Specific Services
If specific services are terminated, either by the Customer or by innoweb hosting, innoweb hosting reserves the right to delete or otherwise dispose of any Customer data related to those services after termination. The Customer will not be eligible for a refund of any Fees for the terminated services and remains responsible for fulfilling any outstanding payment obligations related to those services.
Warranties
- 1. Customer Warranties
The Customer represents and warrants to innoweb hosting that they have the legal authority and capacity to enter into this Agreement and fulfill their obligations under its terms. In doing so, the Customer affirms that entering into this Agreement does not violate any laws or obligations owed to third parties. If the Customer is an individual, they further confirm that they are at least 18 years old.
- 2. innoweb hosting Warranties
innoweb hosting affirms that it possesses the legal right and authority to enter into this Agreement and carry out its obligations as specified And innoweb hosting commits to executing its obligations under this Agreement with reasonable care and skill, ensuring compliance with the Agreement’s terms in all significant aspects.
- 3. Limitation of Warranties
The responsibilities and liabilities of both parties concerning the subject matter of this Agreement are explicitly detailed within its terms. To the fullest extent allowed by applicable law, no additional terms or conditions relating to the subject matter of this Agreement shall be implied into this Agreement or any related contract.
4. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE, ALONG WITH OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO GUARANTEES OR WARRANTIES REGARDING:
1.WHETHER THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR FUNCTION AS INTENDED;
2.THE UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SITE OR SERVICES;
3.THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE OR ANY LINKED WEBSITES;
4.ANY ADVERTISING OR PROMOTIONS OFFERED THROUGH THE SITE OR SERVICES;
5.THE AVAILABILITY OR FUNCTIONALITY OF ANY SERVICES, WHETHER HOSTED ON OUR SITE OR ANY THIRD-PARTY PLATFORM.
ANY ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CUSTOMER SERVICE), OR THIRD-PARTY SERVICE PROVIDERS SHALL NOT CREATE ANY WARRANTY. YOU SHOULD NOT RELY ON SUCH INFORMATION OR ADVICE.
THIS DISCLAIMER OF WARRANTIES APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SHALL REMAIN IN EFFECT EVEN AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE OR SERVICES.
Limitation of Liability and Exclusions
1. General Limitation of Liability
innoweb hosting’s liability to the Customer for any loss or damage arising out of or in connection with this Agreement, whether in contract, tort, or otherwise, shall be limited to the amount paid by the Customer to innoweb hosting for the services in the month preceding the event giving rise to the claim.
2. Specific Exclusions
innoweb hosting shall not be responsible for any losses, damages, or liabilities, including:
(a)Indirect, consequential, or special losses, including but not limited to loss of profit, revenue, data, goodwill, or business opportunities.
(b)Wasted management time or failure to make anticipated savings.
(c)Any losses incurred by third parties.
(d)Interruptions to services or outages arising from:
(e)Interruptions to data flow to or from the internet;
(f)Changes, updates, or repairs to the network or software used to provide the services;
(g)Failures or disruptions in services provided by third-party suppliers;
(h)Factors outside of innoweb hosting’s reasonable control;
(i)Actions, omissions, or negligence by the Customer or any third parties acting on behalf of the Customer;
(j)Issues with the Customer’s equipment or third-party devices;
(k)Interruptions or modifications to services requested by the Customer.
3.Cap on Liability
In any event, innoweb hosting’s total aggregate liability, arising out of or in connection with this Agreement, shall not exceed the total amount paid by the Customer for the services provided by innoweb hosting in the 1-month period immediately preceding the event giving rise to the claim. This cap on liability applies regardless of the number of claims made or the basis of such claims.
- 4. Non-Excludable Liability
Nothing in this Agreement shall operate to limit or exclude liability for:
•Death or personal injury caused by negligence;
•Fraud or fraudulent misrepresentation;
•Any liability that cannot be lawfully excluded or limited under applicable law.
- 5. Liability for Service Interruptions
innoweb hosting shall not be liable for any interruptions to the services or outages arising directly or indirectly from:
(a) Interruptions to the flow of data to or from the internet;
(b) Changes, updates, or repairs to the network or software used to provide the services;
(c) Failures or interruptions in services provided by third parties;
(d) Factors outside of innoweb hosting’s reasonable control;
(e) Actions or omissions by the Customer or third parties acting on the Customer’s behalf;
(f) Issues with the Customer’s equipment or third-party equipment;
(g) Interruptions or modifications to services requested by the Customer.
6. Indemnification
The Customer agrees to indemnify and hold innoweb hosting harmless from any claims, damages, or losses arising from or related to the Customer’s use of the services, including but not limited to any breaches of this Agreement or violations of applicable laws and regulations.
- 6. Disclaimer of Liability
UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, PERSONAL OR PROPERTY INJURY, LOSS OF USE, DATA, PROFITS, BUSINESS INTERRUPTION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. SUCH LIABILITY SHALL APPLY REGARDLESS OF THE LEGAL THEORY INVOLVED, INCLUDING WARRANTY, CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE), AND EVEN IF WE OR ANY OF THE AFOREMENTIONED PARTIES HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER AGREE TO FULLY RELEASE, REMISE, AND FOREVER DISCHARGE US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, COSTS, OR EXPENSES ARISING FROM YOUR USE OF THE SITE OR SERVICES.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT OUR TOTAL AGGREGATE LIABILITY, IF ANY, SHALL NOT EXCEED THE LESSER OF EITHER THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE PAST ONE (1) MONTH
THIS LIMITATION OF LIABILITY SHALL REMAIN IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE OR SERVICES.
Data Protection
1. Customer’s Warranty on Personal Data
The Customer warrants that it has the legal authority to disclose any Personal Data provided to innoweb hosting under this Agreement. Additionally, the Customer confirms that the processing of such Personal Data by innoweb hosting in accordance with this Agreement will not violate any applicable laws, including the Data Protection Act 1998.
2. Customer’s Compliance with Data Protection Laws
The Customer agrees to adhere to the requirements of the Data Protection Act 1998 as it pertains to the use of innoweb hosting’s Products, Services, and Equipment. This includes ensuring compliance in relation to any personal data that the Customer processes or stores using these resources.
Indemnification
THE CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD innoweb hosting HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, PROCEEDINGS, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND ANY AMOUNTS PAID IN SETTLEMENT BASED ON LEGAL ADVICE) ARISING OUT OF OR RELATED TO THE CUSTOMER’S USE OF innoweb hosting’S PRODUCTS AND SERVICES, AS WELL AS ANY BREACH OR FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT. THIS INDEMNIFICATION ALSO COVERS ANY THIRD-PARTY LOSSES RESULTING FROM THE CUSTOMER’S USE OF THE PRODUCTS OR SERVICES.
Waiver
- 1. Non-Waiver of Rights
A party’s failure or delay in exercising any right, power, or privilege under this Agreement does not constitute a waiver of that right, power, or privilege, nor does it limit or impair future exercise of the same or any other right, power, or privilege. The rights and remedies outlined in this Agreement are cumulative and do not exclude any rights or remedies available by law.
- 2. Waiver of Breach
No breach of any provision of this Agreement will be considered waived unless the party not in breach provides explicit written consent to that effect.
Force Majeure
Neither party shall be liable or deemed to be in breach of this Agreement for any delay or failure in performing its obligations due to circumstances beyond its reasonable control (“Force Majeure Event”). Force Majeure Events include, but are not limited to, acts of God, strikes, lockouts, industrial disputes (whether involving the workforce of either party or any other party), compliance with any law, governmental order, rule, regulation or direction, accidents, fire, flood, storm, epidemic, pandemic, energy outages, war, riot, civil commotion, shortages of equipment or facilities, and any other similar events or circumstances beyond the reasonable control of the affected party.
The party affected by the Force Majeure Event must promptly notify the other party in writing, specifying the cause of the delay or failure and estimating the duration of the Force Majeure Event. The affected party must also notify the other party when the issue has been resolved.
If the Force Majeure Event continues for more than four consecutive weeks, either party may terminate this Agreement by providing written notice to the other party. In such cases, neither party shall be liable for any further obligations under this Agreement, except for any accrued rights or liabilities existing at the time of termination.
Entire Agreement
This Agreement constitutes the entire understanding between the Parties, overriding and replacing any previous written or oral agreements, representations, or understandings. The Parties acknowledge that they have entered into this Agreement based solely on the terms explicitly stated herein, with no reliance on any representation not included in this Agreement. However, this clause does not exclude liability for fraudulent misrepresentation.
Severability
If any provision of this Agreement is found to be illegal, void, or unenforceable by law or court decision, that specific provision will be removed from this Agreement to the extent necessary. The invalidity of that provision will not impact the effectiveness or enforceability of the remaining provisions, which will continue to be in full force and effect.
Agency or Partnership
This Agreement does not establish any agency, partnership, joint venture, or franchise relationship between the parties. Neither party is authorized to assume or create any obligation or liability on behalf of the other, nor can either party bind the other in any manner.
Notice
Any notice or communication from innoweb hosting to the Customer shall be deemed delivered if sent by email to the contact information provided by the Customer. It is the Customer’s responsibility to ensure that their contact information is accurate and up-to-date.
Assignments
- 1. innoweb hosting’s Rights to Transfer
innoweb hosting may assign, novate, delegate, subcontract, mortgage, charge, or transfer its rights and obligations under this Agreement freely, without requiring the Customer’s consent, unless expressly stated otherwise in this Agreement.
- 2. Customer’s Restrictions on Transfer
The Customer is not permitted to assign, delegate, subcontract, mortgage, charge, or transfer their rights and obligations under this Agreement without obtaining prior written consent from innoweb hosting.
- 3. Subcontracting by innoweb hosting
innoweb hosting reserves the right to subcontract any of its obligations under this Agreement to a third party at its discretion.
- 4. Execution of Necessary Documents
Each party agrees to execute (or arrange for the execution of) any documents and take (or arrange for the taking of) any necessary actions within their power to enable both parties to exercise their rights and fulfill their obligations under this Agreement.
Ammendments
- 1. Website Updates
innoweb hosting may periodically update the Terms & Conditions, Acceptable Use Policy, and Privacy Policy on its website. These amendments will automatically take effect 30 days after publication, unless you notify innoweb hosting within that period that you do not agree with the proposed changes, in which case the Agreement may be terminated as specified herein.
- 2. Changes by Mutual Agreement
Any other changes to this Agreement must be made through a formal written agreement, signed by duly authorized representatives of both parties.
Third-Party Rights
This Agreement is intended solely for the benefit of the parties involved and is not designed to benefit or be enforceable by any third party. The rights of the parties to terminate, rescind, amend, waive, vary, or settle any aspect of this Agreement do not require the consent of any third party.
Governing Law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales. Any disputes arising from or related to this Agreement will fall under the exclusive jurisdiction of the courts of England.
Confidentiality
- 1. Obligation to Maintain Confidentiality
Each party agrees to keep the other party’s Confidential Information strictly confidential and not to disclose, use, copy, or modify it without the prior written consent of the other party, except as permitted under this Clause.
- 2. Definition of Confidential Information
“Confidential Information” refers to all information of a confidential nature that a party has or acquires (whether directly or indirectly), including but not limited to know-how, trade secrets, plans, developments, financial, commercial, technical, tactical, strategic, marketing, operations, customer or product information, personnel information, and any information marked as confidential or that a party knows, or could reasonably be expected to know, is confidential.
- 3. Security Measures for Confidential Information
Both parties commit to safeguarding the Confidential Information of the other by employing at least reasonable security measures to protect its confidentiality. Each party agrees to take all necessary precautions to prevent unauthorized access, use, or disclosure of the Confidential Information.
- 4. Permitted Disclosures
A party may disclose the other party’s Confidential Information to its employees, agents, professional advisors, or contractors on a need-to-know basis, provided that these recipients are legally obligated to maintain the confidentiality of the information. Additionally, nothing in this clause prevents either party from disclosing any Confidential Information:
•(a) In compliance with a legal obligation, including but not limited to, disclosure to a public authority, regulatory body, or court of law;
•(b) If the information is or becomes public knowledge through no fault of the receiving party;
•(c) If the information was already in the possession of the receiving party without restriction as to its disclosure before receiving it from the disclosing party;
•(d) If the information is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure.
- 5. Disclosure of Business Relationship
innoweb hosting agrees not to disclose its business relationship with the Customer to any third party without obtaining the Customer’s prior written consent, except as required by law or under the permitted disclosures outlined in this Clause.
- 6. Survival of Confidentiality Obligations
The obligations under this Clause shall survive the termination or expiry of this Agreement for a period of five years, ensuring that each party continues to protect the Confidential Information of the other in accordance with the terms set out herein.
Service-Specific Provisions
DEDICATED SERVER AGREEMENT
This Dedicated Server Agreement (“Agreement”) is made between innoweb hosting (“Provider”) and the Customer (“Customer”). This Agreement governs the provision and use of dedicated server services provided by innoweb hosting to the Customer.
1. Scope of Application
1.1 This Agreement applies specifically to the provision of Dedicated Server services by innoweb hosting to the Customer, as set forth herein.
2. Exclusive Use and Administrative Rights
2.1 innoweb hosting shall provide the Dedicated Server equipment exclusively for the Customer’s use, granting the Customer full administrative rights over the server. The Customer is solely responsible for all activities conducted on or through the server.
3. Ownership of Equipment
3.1 The Customer acknowledges that all Dedicated Server equipment provided under this Agreement remains the sole property of innoweb hosting. The Customer is granted only a license to use the equipment for the duration of the Agreement, subject to compliance with its terms.
4. Restrictions on Unmetered Dedicated Servers
4.1 The Customer shall not use Unmetered Dedicated Servers for the setup of Proxies or VPNs without obtaining prior written consent from innoweb hosting. Unauthorized use for such purposes constitutes a material breach of this Agreement.
5. Commercial VPN or Proxy Services
5.1 Except where expressly authorized in writing by innoweb hosting, the Customer shall not use any services provided by innoweb hosting, other than Colocation and IP Transit, to establish or operate commercial VPN or Proxy services.
6. IP Address Allocation
6.1 innoweb hosting reserves the right to allocate IP addresses to the Customer’s Dedicated Server. Unless otherwise agreed in writing, the maximum IP allocation per server shall be limited to 1x /29 IPv4 and 1x /32 IPv6. All IP addresses remain the property of innoweb hosting and may be revoked or modified at innoweb hosting’s discretion.
7. Custom-Built Server Delivery
7.1 Delivery dates for custom-built servers shall be mutually agreed upon in writing prior to order placement. innoweb hosting reserves the right to use alternative hardware or models to meet the Customer’s requirements. No specific delivery date is guaranteed unless explicitly agreed upon in writing.
8. Upgrades and Downgrades
8.1 The ability to upgrade or downgrade Dedicated Server services is not guaranteed. Any modifications to service parameters must be mutually agreed upon by both parties in writing and will be subject to additional charges at innoweb hosting’s standard Remote Hands rates unless otherwise specified.
CUSTOMER OBLIGATIONS
1. Security and Maintenance Responsibility
1.1 The Customer is solely responsible for securing the server against any unauthorized access, attacks, or manipulation by third parties. This responsibility includes the installation, maintenance, and regular updating of reliable security software to prevent unauthorized access to systems, applications, and networks.
1.2 The Customer must ensure that all server operating systems, drivers, firmware, and application software are kept up to date at their own cost and risk. The Customer agrees to configure all programs to automatically restart following hardware or operating system reboots to ensure service continuity.
1.3 The Customer is responsible for monitoring the health of any disks or storage devices provided as part of the services. The Customer must promptly inform innoweb hosting of any signs of degradation or potential issues that could impact the performance or availability of the services. innoweb hosting shall not be liable for any damages or losses resulting from the Customer’s failure to comply with this obligation.
2. Compliance and Cooperation
2.1 The Customer warrants that they possess or have access to the necessary knowledge and expertise to configure, maintain, monitor, and secure the server.
2.2 The Customer is responsible for ensuring that all authorized users comply with applicable licensing requirements, including third-party licenses. The Customer agrees to retain proof of licensing for all software used on the server and to provide such proof upon innoweb hosting’s request.
2.3 The Customer agrees to follow all technical instructions provided by innoweb hosting and to cooperate fully, including granting innoweb hosting access to the server when necessary to fulfill obligations to third-party suppliers.
3. Licensing and Intellectual Property
3.1 If the Customer uses any software not purchased through innoweb hosting, the Customer warrants that they are duly licensed to use the software, that the license grants sufficient rights to innoweb hosting to provide the services, and that the Customer is a party to an appropriate written license agreement with the software provider.
3.2 Failure to provide confirmation of licenses upon request may result in the suspension or termination of the Customer’s contract. The Customer agrees to indemnify innoweb hosting against any costs, claims, losses, or liabilities arising from the Customer’s failure to maintain appropriate software licenses.
3.3 innoweb hosting reserves the right to conduct audits on the Customer’s server(s) to determine what software is installed, how many users have access, and to assess any additional fees that may be payable. The Customer agrees to provide reasonable assistance during these audits.
4. Data Backup and Third-Party Content
4.1 The Customer is solely responsible for backing up all data in accordance with innoweb hosting’s General Terms and Conditions.
4.2 Any importing and installation of operating systems, images, and other external content are performed at the Customer’s own risk. innoweb hosting assumes no liability for third-party content, applications, or any resulting damages from their installation and use.
5. Scheduled Maintenance and Repairs
5.1 innoweb hosting reserves the right to perform scheduled maintenance and repairs on the server, including the replacement of disks or other components, as necessary to ensure the reliable operation of the server.
5.2 innoweb hosting will provide the Customer with reasonable advance notice wherever possible and will make reasonable efforts to minimize downtime. The Customer acknowledges that scheduled maintenance may occur, and innoweb hosting shall not be liable for any damages or losses resulting from such downtime.
6. Intellectual Property Acknowledgment
6.1 The Customer acknowledges that all trademarks and other intellectual property rights related to any third-party software programs used on innoweb hosting’s cloud platform belong to the respective third parties. The Customer agrees to comply with all intellectual property laws and regulations related to such software.
Acceptable Use Policy
The following activities are expressly prohibited on Dedicated Servers provided by innoweb hosting:
(a)Excessive CPU Usage: Sustaining CPU usage above 80% for more than 30 continuous minutes without prior written authorization from innoweb hosting.
(b)Small Data Packets: Transmitting data packets smaller than 100 bytes, which may interfere with the server’s operation.
(c)Harmful Hardware Usage: Engaging in any activities that may damage or degrade the physical hardware of the server.
(d)Firmware/BIOS Alterations: Modifying or attempting to modify the BIOS or firmware of the server hardware without prior written consent from innoweb hosting.
(e)Frequent Reboots: Continuously rebooting the server without a valid operational reason.
(f)Network Scanning: Using the server to scan networks or engage in any unauthorized or illegal network monitoring activities.