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TERMS & CONDITIONS

The Terms & Conditions paragraphed below explains your agreement and the workings of the HugotonHosting.co.uk website (“Site”, “Hugoton Hosting”). These Terms & Conditions apply to the site and all products/services offered by Hugoton Hosting. By successfully paying any Hugoton Hosting invoice, therefore placing an order on our site, you oblige that you (each, “Client”, “Customer”, “Company”) are legally bound in agreement to the terms and conditions written below:

GENERAL TERMS & CONDITIONS

Hugoton Hosting is an internet and technology hosting company of which their main purpose is serving web hosting, VPS’, game servers, radio/voice servers and other virtual products. Our servers are located in UK, Germany & the USA, however, the choice of country is limited to certain products.

Our security consists of a DDoS mitigation and protection feature provided by Amazon, managed by them to withstand many various strengths and types of attacks. However, we are not responsible for any damage to your website or services (including e-mail) caused by any attack. We have an automated system in place to block any suspicious incoming/outgoing activity such as port scans, DDoS attacks and more, however, this system should not be considered as an absolute mitigation for loss of data.

We do not provide any free backups of our services or your content & data hosted with us.

Critical data as such should be kept in customers’ safety away from our servers to ensure a customer does not lose their data during incidents including but not limited to an attack, outage, corruption or hardware failure. Automatic backups can be provided with our services for an extra cost at the customer’s explicit request during subscription to our services or at any point thereafter.

All customers must have a verified email address, failure to do so may result in products not being set up or suspended after 48 hours. All orders will undergo an automated fraud check, any orders that fail to meet the criteria of the fraud check will be manually reviewed and approved at the sole discretion of Hugoton Hosting.

If we find that your content and/or service(s) is/are sending and/or receiving what we consider to be abusive packets or are involved in any activity we deem to be illegal or immoral – your account and/or service(s) may automatically or manually become blocked and/or suspended/terminated without warning, disallowing any and all access to the content or services by the client or visitors for the security of our services and clients. We may also contact any necessary authorities, along with your ISP, depending on the severity of the issue.

RESOURCE FAIR USAGE POLICIES

It is acknowledged that any single account is entitled to utilise our node resources on the node which the account is provisioned against, within reason, up to what is allotted or by what is physically available. If resources become scarce, Hugoton Hosting reserves the right to limit users of the affected node to a lower limit to preserve the effectiveness of the service for all users. If a particular user/account/domain is in extreme excess of what the average users of the node have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a VPS offering. This policy only applies to websites that are considered to be abusive in service, disk space, disk read/write operations or resource consumption and where it is evident that the fair use of resources among customers has been breached, particularly in regards to disk space, disk I/O, bandwidth or CPU processing power utilisation. In addition, websites that are found to contain no HTML or PHP documents and/or a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Hugoton Hosting.

If a Fair-Usage breach occurs, the determination of which is solely up to Hugoton Hosting, a customer may have to remove files from or reduce access to such files to the public to an extent as determined by Hugoton Hosting, in order to restore full serviceability to other customers affected by the breach. In any case, the customer will be notified of any actions that Hugoton Hosting may have to take.

In order to ensure a consistent and quality experience for all our customers, Hugoton Hosting places automated safeguards & tooling to protect against any one user/account/website growing too quickly and adversely impacting a node until Hugoton Hosting can evaluate said sites resource needs. Hugoton Hosting reserves the right to limit processor time, bandwidth, or processes in cases where it is necessary to prevent negatively impacting other customers.

BANDWIDTH FAIR USAGE POLICIES

Hugoton Hosting provides unmetered data on VPS and Website/Reseller Hosting packages which offer generous fair use data transfer. Data transfer covers bandwidth usage worldwide per month unless otherwise stated.

Customers may use this data for any purpose other than those unacceptable as stated in our Terms & Conditions.

Should Hugoton Hosting deem a customers account as exceeding fair use bandwidth consumption which causes interference with other users, Hugoton Hosting will notify the customer and allow the customer to remedy the problem. However, should a customers bandwidth usage be significantly greater than fair use, Hugoton Hosting reserves the right to suspend or throttle the customers account where appropriate.

VIRTUAL PRIVATE SERVERS (VPS) SERVICES

Any Service identified as a “VPS” in its Service Description is a Virtual Private Server (VPS) Service. Our VPS servers are hosted on hardware in our direct control, we do not use resellers to offer VPS’.

VPS Environment. HugotonHosting shall deliver the VPS Service using hardware and monitoring services that are maintained and monitored. This includes: using commercially reasonable efforts to maintain reasonable temperature and humidity levels, fire suppression controls, power conditioning equipment and uninterruptible power supplies for the proper ongoing operation of our VPS hardware.

Disk Space. HugotonHosting shall provide disk space for your VPS in line with the amount advertised on the package purchased at the time of purchase.

Internet. HugotonHosting shall provide an Internet connection linking your VPS to the Internet. There shall be no charge for monthly aggregate or daily average network transfer within the allowance of the VPS package purchased, depending on the terms agreed upon at purchase, as measured during any 30-day period. If you exceed the monthly aggregate or daily average network traffic allowance you will be asked to upgrade to a VPS package that matches the traffic incurred or you may incur an additional fee as set by HugotonHosting. Payment of this fee will be required in order to maintain service. Network traffic shall be measured by HugotonHosting and may include all forms of traffic to and from the Virtual Server.

Remote Access. You will be given remote access to access your VPS, for Windows VPS’ this will be via Microsoft Remote Desktop, for Linux this will be via SSH. Your VPS Service also includes root access to your VPS server.

Routing. When HugotonHosting hosts a website on your behalf, we will route one or more domain names to that website. The exact number of domain names that HugotonHosting will route on your behalf will depend on the VPS Service to which you subscribe. Check the applicable Service Description for more information.

Backup. You acknowledge that unless you subscribe to a VPS Service that expressly includes the independent backup of Your Content (as defined below) as a service, HugotonHosting’s backup activities are primarily for HugotonHosting’s own disaster recovery purposes and that YOU ARE RESPONSIBLE FOR THE STORAGE, BACKUP, AND ARCHIVING OF YOUR CONTENT. HugotonHosting’s VPS Backup (snapshot) is an optional service available for an additional fee. Please note that this service is provided as-is and without warranty in respect to performance. If you are using this service it is still your responsibility to review your backups from time to time to ensure all of your data is backed up correctly and to notify us of any concerns you have.

Maintenance Window. When reasonably possible, any maintenance of the hardware used to host your servers will be conducted during one of the following “Maintenance Windows”: (i) between 1:00 a.m. and 3:00 a.m. (local time in London, UK) or (ii) between 5:00 a.m. and 6:00 a.m. (local time in London, UK). When choosing a Maintenance Window to use, HugotonHosting takes into account where the customers who may be affected by the maintenance activities are located (based on the addresses given to HugotonHosting by the customers) and what would be the early hours of the morning for most of them.

Availability. A VPS Service is “Available” if the: (a) the hardware being used to provide it is operating; and (b) the Internet connection provided as part of the VPS Service is operational.

Measure. HugotonHosting will use reasonable efforts to ensure that the VPS Services will be Available other than for “Scheduled Maintenance” at least 99.9% of the time, measured monthly. Any maintenance or other work performed on HugotonHosting’s technology infrastructure that takes place during the Maintenance Window or with at least 48 hours’ prior notice posted to the Site is “Scheduled Maintenance”.

Cooperation. You acknowledge that it is important to coordinate your maintenance activities with those of HugotonHosting, and you will not conduct any maintenance activities on Your Content during any Maintenance Window without first obtaining written confirmation that HugotonHosting will not be performing any maintenance activities during that Maintenance Window.

Content. All content on your VPS (including the Operating System) must be legal and verifiable. This includes any Windows licenses being used. Any illegal or unverifiable obtained software/files will result in suspension of services without warning.

Traffic & File Sharing/Exchange. Any usage of traffic or file sharing/exchange/generation software is not permitted. This includes acting as a host or ‘peer’ for such. Any identification that you are using or participating in traffic or file sharing/exchange/generation will result in immediate suspension of your VPS< followed by a formal warning. If a second instance of traffic or file sharing/exchange/generation is witnessed your VPS will be terminated without refund.

REFUNDS

Hugoton Hosting accepts a 7-day money-back guarantee, within reason. If you are not satisfied we may ask for your opinion on improving our services. We may also encourage you to change to a more appropriate Hugoton Hosting product if one is available. We may also use any non-personal information given through any communication method or dispute for training purposes, to help improve our support of hosting and other future purposes.

The decision to whether you are eligible for a refund is always down to the management of Hugoton Hosting.

The customer is responsible for the understanding of a properly described service, and the necessity of a service. Funds are held with us until a professional agreement is made with the outcome of the refund and/or request.

A surcharge (processing fee) of 7% will be deducted from all refunds and transactions sent from us to a customer due to PayPal refund fees and other potential charges involved during the handling and/or funding of such service(s).

Please note that renewals, VPS’, pre-installed services, exchanged services, domain names, dedicated servers/machines, backups and any of the hosting add-ons/plan-upgrades are non-refundable. This is due to the funds being instantly used for the activation of your service, licensing, IP rental and any other possible additions used to process your service. All other services NOT mentioned in this paragraph are refundable within the 7-day money-back guarantee mentioned above.

PAYMENT

You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. Occasionally we may provide a 7 day grace period whereby we hold your information/data on our servers during suspension/expiration until renewal, but should this not apply to you or should the period expire without payment we reserve the right to purge all information/data pertaining to your account with us.

A service along with any of its data can be destroyed without warning after expiration or during suspension to save resource or recycle stock for processing of future orders. We are entitled to recover (on a full indemnity basis) any costs and charges (including legal costs) incurred in recovering any amounts owed by you to Hugoton Hosting.

Any interlinking services, such as domains linked to web hosting, will be held by us until renewal or a related service has been purchased, as an interlinked service no longer belongs to a customer after the expiration of its parent service.

All payment methods are a one-off unless described otherwise (subscriptions, contracts, etc) which are handled by the merchants themselves. Therefore we do not possess the ability to process and/or charge or create transactions from your account – any subscriptions/contracts are an agreement between YOU and the MERCHANT. We cannot be responsible for ANY non-one-off payments that are left unattended or uncancelled as there is no way for Hugoton Hosting staff to acknowledge a cancellation of a subscription/contract without prior notice. A customer must make sure to contact the appropriate payment merchant to cancel or postpone any automated payments before the end of any service’s cycle as renewals are strictly non-refundable (See ‘Refunds’). The price of our products & services may change due to market conditions and/or other factors at the discretion of Hugoton Hosting, such changes will be announced to existing customers via e-mail a minimum of 7 days before they are enforced.

It is our responsibility to ensure that any product/service purchased from us is completed and activated ready for full use. After completion, all our products & services are unmanaged unless agreed that managed support will be given.

We will not be responsible for any misconfigurations or loss of data due to unauthorised exposure or accidental damage. Re-installations and re-services can be quoted by contacting us, for a fee. The customer assumes full responsibility for any third-party software installation and configuration on their service, with no guarantee of support from us for the appointed third-party software. Quoted times for account activation are estimates and, whilst we always do our best to get a product service delivered on time, we do not promise activation within the quoted time frame. We may delay or refuse activation if:

– The stock is being created
– We have a large queue of orders
– Payment is not cleared or received in full
– We believe the order, information or payment is fraudulent
– You have any funds outstanding in relation to your current or any other account
– There is any reason which we deem your transaction as unsatisfactory to our terms or beliefs, of which reasoning would be disclosed to you.

TERMINATION AND SUSPENSION

You may request to have your hosting terminated (cancelled) at any time by advising us via a method of contact on our site. We will only process a refund if we find it is applicable to the state of your current service(s) with us.

We may suspend any or all of your services, with or without compensation, where we have reason to suspect a violation of our terms and conditions whilst we investigate the suspected violation. We may also suspend your services where we have reason to suspect any type of illegitimate activity including, but not limited to, overdue invoices (lack of payment on any invoice without a notification of cancellation), unlawful content, copyright infringement, payment reversals, unfair usage and services affecting other customers or users on our servers. We reserve the full right to suspend a service at any time with the decision of its final status. You may also be charged an overdue/outstanding ‘non-cancellation’ fee for any suspended services that do not have a written cancellation logged.

VIOLATIONS

If a customer violates our terms and conditions we may terminate or suspend (temporarily or indefinitely) any services you have with us. In this case, no refund will be given for any payments that have been or are made, by the transactor to us.

CHANGES TO OUR TERMS

If we decide to change our terms, we will update accordingly along with the modification date below. We reserve the full right to make changes to our Terms & Conditions at any time, you also agree that all changes made to the terms are taken place immediately, without notification needed, towards all services.

This page was last updated on August 24th, 2018

E-Mail: Legal@HugotonHosting.co.uk

PRIVACY POLICY

Our Privacy Policy and Data Protection Policy which contains all of the details relevant to GDPR including our policy on Subject Access Requests (SARs) and Right To Be Forgotten requests can be found on our Privacy Policy page.