Terms and Conditions for Shared Hosting, Email Marketing and website design services
These Terms and Conditions (the "Terms") govern your use of the shared hosting, email marketing, SMS marketing, and website design services (the "Services") provided by us, including but not limited to the brands "David Henry", "DHM Digital", "Inboxingpro", "Inboxingproweb", "discounthostingdirect.com", and related domains (referred to as "we", "us", or "our"). By using these services, you ("you" or the "Customer") agree to comply with these Terms.
1. Definitions
Service: Any hosting, email marketing, or related service provided by us to you.
Dedicated IP: A unique IP address allocated to you for the purpose of sending email marketing campaigns.
Transactional Email: Email sent to individual recipients in response to actions they have taken on your website (e.g., order confirmations, account updates).
Bulk Email: Email sent to a large group of recipients for marketing purposes.
You/Customer: Refers to the user or customer purchasing or using our services.
Us/We/Our: Refers to "David Henry", "DHM Digital", "Inboxingpro", "Inboxingproweb", "discounthostingdirect.com", and all related entities.
2. Agreement and Scope of Services
By purchasing and using our Services, you agree to these Terms and Conditions. These include shared hosting, email marketing, SMS marketing, and other related services.
3. Customer Responsibilities
Account Security: You are responsible for maintaining the security and confidentiality of your account, including passwords and other sensitive information.
Compliance: You must comply with all applicable laws and regulations regarding the use of the Services, including data protection laws (such as GDPR).
Content: You must ensure that all content hosted or sent via our services is lawful, does not infringe on the rights of third parties, and complies with the provisions of these Terms.
Emails: You must ensure that all email marketing campaigns comply with anti-spam laws and best practices, including obtaining necessary consents.
4. Service Availability
Uptime: We strive to maintain a 99.9% uptime for all hosting services but cannot guarantee uninterrupted service due to events beyond our control.
Scheduled Maintenance: We will notify you in advance of any scheduled maintenance where possible, but cannot be held liable for service interruptions during these periods.
5. Acceptable Use Policy
Prohibited Uses: You must not use our services for unlawful activities, including sending unsolicited emails, spreading malware, or hosting content that violates intellectual property or privacy laws.
Email Marketing: You may only send bulk emails to individuals who have opted in to receive communications from you. Unsolicited marketing emails are prohibited.
6. Excessive Resource Use Policy
Resource Limits: Our hosting services are subject to certain resource limits (e.g., CPU usage, bandwidth). If your use exceeds these limits and affects the performance of other customers, we reserve the right to take corrective actions, such as throttling your service or asking you to upgrade your plan.
Performance Impact: You may be required to upgrade your hosting plan if your website or email campaigns place an undue strain on our shared resources.
7. Limitation of Liability
Service Outages: We are not liable for any damages, including lost profits, business interruptions, or data loss, arising from service outages or technical issues.
Third-Party Software: We are not responsible for any issues caused by third-party software, applications, or services that you install or use on our platform.
8. Termination
Violation of Terms: We reserve the right to suspend or terminate your Services if any terms or conditions are violated, including non-payment. We may terminate your account without notice in such cases.
Refunds: No refunds will be issued for payments made or credits for unused annual pre-paid plans upon termination due to violations or account suspension.
9. Force Majeure
Non-Liability: We are not liable for failure to perform or delays in performance of any part of our Services due to circumstances beyond our reasonable control, including natural disasters, governmental restrictions, or technical failures.
10. Payment Terms
Charges: You agree to pay for Services according to the prices and payment terms provided at the time of purchase. All payments are non-refundable unless explicitly stated otherwise.
Late Payments: If payments are overdue, we reserve the right to suspend or terminate your services. Service restoration will only occur upon payment of the outstanding amount.
11. Suspension Due to Non-Payment
Account Suspension: If your payment is overdue, we reserve the right to suspend your Services, including email and hosting services, until the outstanding payment is settled.
Notification: You will be notified of payment issues, and services will be suspended after a specified grace period if payment is not received.
12. Service Security
Customer Responsibility: You are responsible for maintaining the security of your account, including passwords, data, and other sensitive information. You must ensure that all software, plugins, and services you use with our platform are up-to-date and secure.
Compromised Accounts: If your account or services are compromised, you must notify us immediately and take corrective actions as necessary.
13. Bulk Email & SMS Marketing Services
Transactional Emails: These emails are sent to individual recipients in response to specific actions they have taken on your website, such as order confirmations, password resets, or account updates.
Bulk Emails: These emails are sent to large groups of recipients for promotional or marketing purposes. You must comply with anti-spam laws (such as CAN-SPAM or GDPR) and ensure that recipients have opted in to receive such communications.
SMS Marketing: You must have explicit consent from recipients to send marketing SMS messages. You must comply with SMS marketing regulations in the jurisdiction where you operate.
14. Dedicated IPs & IP Warm-Up
Dedicated IP Use: Dedicated IPs are provided to improve email deliverability. You are solely responsible for warming up your IP address as part of your email marketing campaigns. This involves gradually increasing email volume over time to avoid blacklisting by ISPs.
IP Blacklisting: We are not responsible for any IP blacklisting or blocking due to improper use or failure to follow best practices in email marketing, including IP warm-up.
15. Privacy and Data Protection
GDPR Compliance: We comply with the General Data Protection Regulation (GDPR) for customers based in the EU. You are responsible for ensuring that your use of our Services complies with data protection laws applicable to your location and business.
Data Security: We will take reasonable measures to protect the data you store with us, but you are responsible for securing any personal data that you collect and use for your own business purposes.
16. Intellectual Property
Our Ownership: We retain all intellectual property rights to the software, services, and any proprietary materials provided as part of the Services.
Your Content: You retain ownership of all content you upload to our hosting platform or email marketing services. You grant us the right to use your content as necessary for the provision of Services.
17. Indemnification
Customer Liability: You agree to indemnify and hold us harmless from any claims, losses, or damages arising from your use of the Services, including any violation of these Terms or applicable laws.
18. Modifications to Services and Terms
Right to Modify: We reserve the right to modify or discontinue any part of the Services, including these Terms and Conditions, at any time. We will notify you of significant changes, but it is your responsibility to review the Terms regularly.
19. Governing Law
Jurisdiction: These Terms and any disputes arising from them will be governed by the laws of the United Kingdom. Any legal action must be filed in the jurisdiction where our registered office is located.
Terms and Conditions for Shared Hosting Services
The following Terms and Conditions outline the rights, responsibilities, and obligations between “David Henry,” “DHM Digital,” “David Henry Marketing,” “Inboxingprohost,” “Inboxingpro,” “Inboxingproweb.com,” “discounthostingdirect.com,” or “us/we,” and you, the customer. By purchasing our shared hosting services, you agree to comply with and be bound by these terms. If you do not agree, please refrain from using our services.
1. Definitions
"We" / "Us": Refers to the company and its trading styles as listed above, registered at 5 Spencer Green, Whiston, S60 4NR, Rotherham, South Yorkshire, UK.
"You" / "Customer": Refers to the individual or business purchasing or using our shared hosting services.
"Service(s)": Refers to the shared hosting services provided, including but not limited to website hosting, server management, and related support.
"Shared Hosting": Refers to a hosting environment where multiple customers share server resources provided by us.
2. Agreement Scope
These Terms and Conditions apply to all shared hosting services provided by us. They form the entire agreement between you and us and supersede any prior agreements, representations, or discussions.
3. Shared Hosting Services
3.1 Scope of Hosting
We provide shared hosting services, which include:
Allocation of shared server resources.
Basic server maintenance and security updates.
24/7 hosting uptime monitoring.
Control panel access (if applicable).
3.2 Limitations of Shared Hosting
Resources such as bandwidth, storage, and CPU are shared among all users on the same server.
Hosting packages come with predefined resource limits, as outlined in the service plan purchased.
3.3 Prohibited Uses
You agree not to use the hosting services for:
Hosting illegal content, including but not limited to pirated software, pornography, and copyright-infringing material.
Running malicious scripts or engaging in any activity that disrupts the server or other customers.
Sending unsolicited bulk emails (spam).
Cryptocurrency mining or any high-resource-demand activities.
4. Customer Responsibilities
4.1 Accurate Information
You must provide accurate and complete information when registering for our services and update this information as needed.
4.2 Data Backups
While we perform routine server backups, it is your responsibility to maintain current backups of all data hosted with us.
4.3 Account Security
You are responsible for maintaining the security of your account credentials and notifying us immediately if unauthorized access is detected.
5. Payment Terms
5.1 Pricing
All prices are as outlined in your chosen hosting plan and are subject to change with 30 days' prior notice.
5.2 Payment Schedules
Payments are required monthly, annually, or as specified in your agreement. Non-payment may result in account suspension or termination.
5.3 Refunds
Refunds are only provided under the following conditions:
The service is terminated within a specified trial period (if applicable).
A service-level agreement (SLA) breach occurs.
6. Service Level Agreement (SLA)
6.1 Uptime Guarantee
We provide a 99.9% uptime guarantee. If uptime falls below this threshold, you may be eligible for service credits.
6.2 Exclusions
The uptime guarantee excludes outages caused by:
Scheduled maintenance.
Customer actions, including but not limited to configuration errors.
Force majeure events (e.g., natural disasters, power outages).
7. Suspension and Termination
7.1 Grounds for Suspension
We may suspend your account for:
Non-payment.
Breach of these Terms and Conditions.
Activities that compromise server stability or security.
7.2 Termination
Your hosting account may be terminated if:
Violations are not resolved within the specified timeframe after notification.
You request termination in writing.
8. Liability and Disclaimers
8.1 Limitation of Liability
We are not liable for:
Loss of data resulting from customer actions or failure to maintain backups.
Service interruptions beyond our reasonable control.
8.2 Indemnification
You agree to indemnify and hold us harmless from claims arising from your use of the hosting services.
9. Intellectual Property
All trademarks, logos, and intellectual property used on our website and services remain our property or that of our licensors.
10. Data Protection and Privacy
We comply with all applicable data protection laws. Please refer to our Privacy Policy for details on how we handle your personal data.
11. Changes to Terms and Conditions
We reserve the right to modify these Terms and Conditions with 30 days' notice. Continued use of the services constitutes acceptance of the updated terms.
12. Governing Law
These Terms and Conditions are governed by the laws of England and Wales.
14. Acceptable Use Policy (AUP)
Our Acceptable Use Policy (AUP) ensures that all customers use shared hosting services responsibly and without negatively affecting other users on the server. By using our services, you agree to comply with the following guidelines:
14.1 General Conduct
You agree not to use our services for any activities that are:
Illegal, fraudulent, or violate applicable laws and regulations.
Harmful to other users, our systems, or the general public.
Intended to exploit or harm minors in any way.
14.2 Prohibited Content
You may not host, display, or distribute the following content:
Copyright-infringing materials or intellectual property without proper authorization.
Material considered obscene, defamatory, abusive, or otherwise objectionable.
Content promoting hate speech, violence, or discrimination.
Content that facilitates phishing, hacking, or similar malicious activities.
14.3 Resource Usage
As shared hosting relies on shared resources, you agree to:
Avoid excessive consumption of server resources, including CPU, memory, and bandwidth.
Refrain from hosting or running scripts, software, or applications that negatively affect server performance or stability. Examples include but are not limited to:
File-sharing applications.
Streaming or gaming servers.
Unoptimized database queries or cron jobs.
If your account exceeds the resource limits defined in your hosting plan, we reserve the right to throttle, suspend, or terminate your account to maintain server performance for all users.
14.4 Bulk Emailing and Spam
To maintain server reputation, you must adhere to the following rules regarding email usage:
Bulk email campaigns are not permitted on shared hosting servers without explicit written approval.
Emails must comply with anti-spam regulations, including but not limited to the GDPR, CAN-SPAM Act, and similar local laws.
Sending unsolicited emails (spam) is strictly prohibited and may result in immediate account termination.
14.5 Security and Hacking
You may not:
Attempt to gain unauthorized access to our servers, systems, or other customers' accounts.
Deploy viruses, malware, or any harmful code.
Engage in network probing, scanning, or denial-of-service attacks.
14.6 Compliance Monitoring
We reserve the right to monitor accounts and server activity to ensure compliance with this AUP.
Any violations may result in immediate suspension or termination of your account.
In cases of severe breaches, we may report such activities to appropriate authorities.
14.7 Remedies for Non-Compliance
In the event of AUP violations, we may take the following actions:
Issue a written warning detailing the breach and requesting corrective action.
Suspend your account until compliance is achieved.
Terminate your account in severe or repeated cases of non-compliance.
15. Excessive Resource Use Policy
Our shared hosting services are designed to provide reliable and consistent performance to all customers on the server. To ensure that resources are fairly allocated, the Excessive Resource Use Policy outlines the conditions under which accounts may be considered as overusing server resources, the potential impact of such usage, and the remedies available to address these issues.
15.1 Definition of Excessive Resource Use
An account may be classified as an excessive resource user if it exceeds the reasonable limits set by its hosting plan, including but not limited to:
CPU Usage: Consistently utilizing an abnormally high percentage of the server's CPU resources.
Memory Usage (RAM): Consistently exceeding allocated RAM limits or causing server instability.
Bandwidth Usage: Exceeding the monthly data transfer limit specified in the hosting plan.
Disk I/O: Excessive read/write operations on the server’s storage system.
Storage Usage: Storing large amounts of non-website-related files, such as backups, videos, or archives, in violation of our fair use policy.
15.2 Activities That May Cause Excessive Resource Use
The following activities are examples of actions that could lead to excessive resource use:
Hosting unoptimized or poorly coded websites, scripts, or plugins.
Running continuous or excessive background processes (e.g., cron jobs, daemons).
Operating resource-intensive applications, such as streaming servers or game servers.
Sending large volumes of email without prior approval.
Excessive use of database queries or inefficient database structures.
15.3 Monitoring and Detection
We actively monitor server resource usage to identify accounts that may be affecting server performance. Detection methods include:
Regular server health checks to measure CPU, RAM, bandwidth, and disk usage.
Notifications to users if their account approaches or exceeds resource limits.
Automated alerts for activities causing server instability.
15.4 Remedies for Excessive Resource Use
If your account is identified as an excessive resource user, we may take the following actions:
Notification: Inform you of the excessive usage and provide guidance on reducing resource consumption.
Throttling: Temporarily limit your account's resource allocation to ensure server stability.
Migration: Recommend upgrading to a more suitable hosting plan, such as VPS or dedicated hosting, to accommodate your resource requirements.
Suspension: Suspend your account if excessive usage is causing severe server issues or affecting other users.
Termination: In extreme or repeated cases of excessive resource use, we reserve the right to terminate the account.
15.5 Preventative Measures for Customers
To avoid excessive resource use, customers are encouraged to:
Regularly optimize website code and plugins for performance.
Use caching mechanisms to reduce server load (e.g., WP Super Cache, LiteSpeed Cache).
Optimize database queries and indexes.
Implement Content Delivery Networks (CDNs) to reduce server bandwidth usage.
Regularly audit and remove unused or outdated files, scripts, and plugins.
Monitor your account usage through provided control panel tools (e.g., cPanel, Plesk).
15.6 Fair Use and Shared Responsibility
As shared hosting involves multiple users sharing server resources, we require all customers to:
Adhere to the resource limits defined by their hosting plan.
Avoid engaging in activities that could negatively impact server performance for other users.
Cooperate with our team to resolve excessive usage issues promptly.
15.7 Disclaimer
While we strive to provide transparent communication and remedies for excessive resource use, we cannot guarantee uninterrupted services if an account repeatedly breaches these limits. We reserve the right to update this policy to reflect changes in server capabilities, hosting plans, or industry standards.
16. Limitation of Liability
To the fullest extent permitted by applicable law, the following limitations and disclaimers apply to the services provided by David Henry, DHM Digital, David Henry Marketing, Inboxingprohost, Inboxingpro, Inboxingproweb.com, discounthostingdirect.com, hereafter referred to as "we," "us," or "our."
16.1 General Disclaimer
The shared hosting services are provided on an "as is" and "as available" basis without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not guarantee that our hosting services will be uninterrupted, error-free, or completely secure.
16.2 Limitation of Liability
No Responsibility for Indirect Damages: Under no circumstances will we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, revenue, data, or business opportunities, even if we have been advised of the possibility of such damages.
Service Interruptions: We are not responsible for downtime or interruptions caused by:
Scheduled maintenance or upgrades.
Acts of third parties, including cyber-attacks or unauthorized access.
Failures of third-party services, including domain registrars, SSL providers, or internet connectivity.
Force majeure events such as natural disasters, government actions, or other events beyond our control.
Account Misuse: We are not liable for issues arising from the misuse of hosting accounts, including but not limited to unauthorized access, customer negligence, or failure to secure account credentials.
16.3 Financial Liability
Our total liability to you, regardless of the form of action, whether in contract, tort, or otherwise, will not exceed the total amount you paid to us for hosting services during the six (6) months preceding the event giving rise to the claim.
16.4 Data Integrity and Security
Backup Responsibility: While we may offer backup services, the ultimate responsibility for maintaining backups of your data resides with you. We are not liable for loss of data due to hardware failure, human error, or any other cause.
Security Breaches: While we implement industry-standard security measures, we cannot guarantee complete immunity from security breaches. We are not liable for damages resulting from hacking, malware, or other security threats affecting your account.
16.5 Customer Obligations
You agree that:
You will use the hosting services in compliance with all applicable laws and our Acceptable Use Policy.
You are responsible for ensuring the functionality and compatibility of your website, scripts, and applications with our hosting environment.
You will promptly report any issues or concerns regarding hosting services to us to allow for resolution.
16.6 Exclusions
Nothing in this clause limits or excludes our liability for:
Death or personal injury caused by our negligence.
Fraud or fraudulent misrepresentation.
Any other liability that cannot be lawfully excluded or limited under applicable law.
16.7 Acknowledgement
By using our hosting services, you acknowledge that:
The limitations of liability stated herein are a fair allocation of risk and form an essential basis of the agreement between us and you.
If you disagree with this limitation of liability, your sole remedy is to discontinue using our services.
17. Termination of Services
We reserve the right to suspend or terminate your hosting account and access to our services at any time if any of the following conditions occur:
17.1 Grounds for Termination
We may terminate or suspend your account without notice if any of the following events occur:
Breach of Terms and Conditions: If you violate any of the terms or conditions outlined in this agreement, including but not limited to our Acceptable Use Policy, Excessive Resource User Policy, or any other relevant clauses.
Illegal or Inappropriate Use: If your account is used for illegal, unethical, or harmful purposes, including but not limited to spamming, distributing malware, hosting illegal content, or engaging in activities that threaten the stability or security of our systems.
Failure to Pay: If you fail to make any payments when due or refuse to settle any outstanding invoices in a timely manner.
Non-Compliance with Laws: If your account violates any applicable local, national, or international laws, regulations, or policies.
17.2 Termination Procedure
Notice of Termination: In the event of a breach or violation, we may provide you with notice of the breach and allow a reasonable period to rectify the issue, unless the breach involves illegal activities or poses an immediate risk to the integrity of our systems or services.
Immediate Termination: In cases of severe violations, including fraud, illegal activities, or serious threats to security, we reserve the right to immediately suspend or terminate your account without prior notice.
Access to Data: Upon termination, you will lose access to your hosting account, and all data associated with it may be deleted from our servers. We recommend backing up your data before termination to avoid loss of important information.
17.3 Refund and Credit Policy
No Refunds for Termination Due to Breach: If your account is terminated due to a breach of any terms and conditions, you will not be entitled to any refund of payments made, regardless of whether the termination occurs before or after the renewal date.
No Credit for Unused Services: For annual pre-paid plans, no credit or refund will be provided for unused months of service, should your account be terminated early due to any breach, misuse, or violation of our policies.
Refunds for Termination by Us: If we terminate your account for reasons unrelated to a breach on your part, we will offer a refund for any unused portion of your pre-paid fees, on a pro-rata basis, starting from the date of termination. This does not include any setup fees or non-refundable charges, which are not subject to refund.
17.4 Customer Obligations Upon Termination
Data Backup: Upon termination or suspension of services, you are responsible for downloading any data, files, or backups from your hosting account prior to termination. We are not liable for any data loss once your account is terminated.
Settling Outstanding Payments: Any outstanding payments or balances due must be settled before termination. Failure to settle outstanding balances may result in further legal actions to recover amounts owed.
17.5 Reinstatement of Service
If your account has been suspended or terminated for any reason and you wish to have it reinstated, you may contact us to request reinstatement. We will review the request and may reinstate your service at our sole discretion, provided that all outstanding issues, payments, or violations have been rectified.
18. Email and SMS Marketing Services Terms and Conditions
This section outlines the terms and conditions that apply to our Bulk Email and SMS Marketing Services, including the use of Transactional Emails and Bulk Marketing Emails. These services must be used in full compliance with the relevant laws and regulations of the country of the customer using them.
18.1 Definitions
Transactional Email: These are emails sent to individuals in response to a specific action they have taken, usually related to a service or product they have requested. Examples include order confirmations, account notifications, password resets, or any other necessary communication that pertains directly to a customer’s transaction or interaction with your service. Transactional emails are typically not intended for promotional purposes and are exempt from certain marketing laws.
Bulk Marketing Email: These are emails sent to a large list of recipients for the purpose of promoting products, services, or offers. Bulk marketing emails typically contain promotional content and are subject to stricter regulations concerning consent, opt-out options, and spam laws.
SMS Marketing: Similar to email marketing, SMS marketing involves sending text messages to a large number of recipients to promote offers, products, or services. These messages must also comply with the relevant privacy laws and opt-in requirements.
18.2 General Requirements
Legal Compliance:
You agree to comply with all applicable laws, regulations, and industry standards governing email and SMS marketing, including but not limited to the General Data Protection Regulation (GDPR), CAN-SPAM Act (US), PECR (Privacy and Electronic Communications Regulations, UK), and any relevant national regulations in the customer's jurisdiction. You must ensure that all email and SMS campaigns are compliant with laws such as obtaining proper consent, providing opt-out mechanisms, and respecting privacy.
Consent:
You must have obtained clear, explicit, and verifiable consent from the recipients of your email and SMS campaigns before sending marketing messages. You should not send marketing messages to individuals who have not opted-in to receive communications or to individuals who have opted out of receiving such communications.
Opt-Out/Unsubscribe Mechanism:
Every Bulk Marketing Email must include a clear and easily accessible way for recipients to opt out or unsubscribe from receiving future marketing communications. Similarly, for SMS marketing, recipients must be provided with a clear method to opt-out from receiving future messages, such as replying with the word "STOP" or a similar keyword.
18.3 Bulk Email Marketing Requirements
Content Compliance:
Bulk marketing emails must be accurate, clear, and not misleading in any way. All subject lines and content must represent the true nature of the email, and they must clearly identify the sender of the message.
Spam Compliance:
You agree not to use our email services for spam or any illegal activities. Sending unsolicited bulk emails (spam) or emails that violate anti-spam laws is strictly prohibited. We will immediately suspend or terminate accounts found to be in violation of these terms. You will not use purchased or harvested email lists that do not have proper consent from recipients.
Email List Management:
You are responsible for ensuring that your email lists are properly managed, including removing unsubscribed contacts in a timely manner. You must regularly clean your email list and avoid sending bulk emails to invalid or non-opt-in contacts. Failure to maintain an accurate and compliant list may lead to suspension of services.
Tracking and Analytics:
You are responsible for ensuring that all tracking and analytics included in your email marketing campaigns (such as open rates, click rates, and unsubscribe tracking) comply with applicable privacy and data protection laws.
18.4 Transactional Email Requirements
Transactional Email Exemption:
Transactional emails are not subject to the same regulations as Bulk Marketing Emails. However, they must still comply with general data protection laws, and they should not include promotional content unrelated to the specific transaction for which the email was sent.
Content of Transactional Emails:
Transactional emails should only contain information relevant to the transaction or service requested. Examples include:
Order confirmations
Payment receipts
Account updates or security alerts
Shipping or delivery notifications
Password reset instructions
These emails are sent based on a direct action taken by the recipient (e.g., making a purchase or requesting a password reset).
18.5 SMS Marketing Requirements
SMS Content Compliance:
SMS marketing must follow similar content compliance rules to Bulk Email Marketing. Each message must have a clear and honest subject or intent, and recipients should know who is sending the SMS and why.
Opt-In and Opt-Out Mechanisms for SMS:
As with email marketing, SMS marketing requires explicit consent from the recipient to send promotional messages. Additionally, you must include a clear and easy-to-use opt-out mechanism, such as replying with “STOP” to unsubscribe from further messages.
Frequency of SMS Messages:
You should not bombard recipients with frequent marketing messages. You must respect the agreed-upon frequency of SMS campaigns and avoid over-sending messages to prevent user annoyance or complaints.
18.6 Prohibited Activities
Illegal Content:
You must not use our email or SMS marketing services to send content that is illegal, harmful, misleading, or discriminatory.
Sending to Inactive Contacts:
You must avoid sending marketing materials to recipients who have not engaged with your previous campaigns or have explicitly opted out.
Buying or Renting Email/SMS Lists:
You must not purchase, rent, or lease email or SMS marketing lists unless they have been obtained legally, with verifiable opt-in consent from each recipient.
Engaging in Fraudulent or Harmful Practices:
You agree not to use our platform for any form of phishing, fraud, or malware distribution.
18.7 Monitoring and Reporting
We may monitor your email and SMS marketing campaigns to ensure compliance with these terms. We reserve the right to suspend or terminate services if we detect violations of these conditions. We also encourage you to regularly review campaign performance metrics to ensure that your email and SMS marketing strategies are effective and legally compliant.
18.8 Limitation of Liability for Email and SMS Marketing Services
No Responsibility for Content:
We do not take responsibility for the content or messages that you send using our email or SMS services. It is solely your responsibility to ensure that your campaigns comply with all applicable laws and regulations.
Service Interruptions:
While we strive to provide reliable service, we do not guarantee uninterrupted availability. We are not responsible for delays, interruptions, or failures to deliver emails or SMS messages due to factors beyond our control.
18.9 Termination of Email/SMS Services
Violation of Terms:
If you violate these terms regarding email or SMS marketing, we reserve the right to immediately suspend or terminate your marketing services without a refund.
Refund Policy for Suspended Services:
If your services are suspended due to a violation of these terms, no refund will be provided for unused services or pre-paid fees.
These terms outline how our Email and SMS Marketing Services must be used in compliance with applicable laws and regulations. Please ensure that you read and fully understand these terms before using our marketing services.
19. Dedicated IP Usage Terms and Conditions
This section outlines the terms and conditions related to the use of Dedicated IPs provided as part of our email marketing services. By using a dedicated IP, you agree to follow the necessary procedures for warm-up, usage, and maintenance, in accordance with these terms. These conditions are specifically designed to ensure proper usage and avoid blacklisting or blocking by Internet Service Providers (ISPs).
19.1 Definitions
Dedicated IP: A unique IP address assigned to your account specifically for sending your email marketing campaigns. A dedicated IP is not shared with other users, ensuring that your sending reputation is separate from others using shared IPs.
IP Warm-Up: The process of gradually increasing the volume of email sent through a dedicated IP over time, ensuring that it does not trigger spam filters or result in the IP being blacklisted by ISPs.
19.2 IP Warm-Up Policy
Mandatory IP Warm-Up:
Before sending large volumes of email through your dedicated IP, you are required to perform an IP warm-up. This process gradually increases the sending volume over a period of time, starting with low volumes and increasing steadily to build a positive sender reputation. This is essential for maintaining the quality of the IP and avoiding delivery issues or blacklisting by ISPs.
Warm-Up Schedule:
The warm-up process should be followed for at least 30 days before reaching your desired email volume. A typical daily increase during the warm-up period would be as follows but this is an example and a warm up plan should be designed based on the list size and quality
Day 1-7: Send a limited number of emails (e.g., 50-100 emails per day).
Day 8-14: Increase the volume gradually (e.g., 100-300 emails per day).
Day 15-21: Continue to increase (e.g., 300-500 emails per day).
Day 22-30: Send up to your full intended email volume (e.g., 1,000-5,000 emails per day, depending on your plan).
These numbers are only guidelines; adjustments can be made based on your specific needs, but the process should be gradual.
Volume Limits During Warm-Up:
You must adhere to the recommended sending limits during the warm-up period. Sending emails at higher volumes too quickly could result in your dedicated IP being flagged by ISPs as a potential source of spam.
19.3 Responsibility for IP Reputation
Sender Reputation Management:
You are responsible for managing the reputation of your dedicated IP by sending high-quality, non-spammy emails to opted-in recipients. Poor list hygiene, sending unsolicited bulk emails, or using purchased email lists could negatively affect your IP reputation.
Blacklist and Blocklist Risks:
We do not accept liability for your dedicated IP being blacklisted or blocked by ISPs as a result of improper email practices, including but not limited to:
Sending to purchased or invalid email lists.
Sending emails to recipients who have not opted-in.
Frequent complaints or high bounce rates.
Sending large volumes of unsolicited or poorly targeted email.
While we can provide guidance on maintaining your IP’s reputation, the responsibility for following best practices lies solely with you.
19.4 ISP Blocking and Blacklisting
Monitoring and Blocking:
ISPs may block or blacklist dedicated IPs that engage in bulk email campaigns without a proper warm-up process or that exhibit suspicious sending behavior. Blacklisting occurs when an ISP or email provider flags your IP address as a source of spam or malicious activity. This could result in your emails being blocked or delayed from reaching recipients.
No Liability for Blacklisting:
By using our dedicated IPs, you acknowledge and agree that we are not liable for any consequences, including delivery failures, lost business, or penalties, that result from your IP being blacklisted or blocked. You are solely responsible for ensuring that your email practices comply with the relevant laws and best practices to avoid such issues.
Reputation Management Tools:
While we will not be held liable for blacklisting, we provide tools and resources for you to monitor the reputation of your IP. This includes tracking feedback loops, bounce rates, spam complaints, and other metrics to help you maintain a healthy sending reputation.
19.5 Bulk Email and Spam Prevention
Bulk Email Guidelines:
You must ensure that all emails sent through the dedicated IP comply with spam laws, including obtaining express consent from recipients and providing clear opt-out mechanisms. Sending unsolicited emails (spam) could not only harm your IP reputation but also violate the applicable CAN-SPAM Act (US), GDPR (EU), or other national email marketing laws.
Spam Traps:
Sending emails to spam traps or non-permissioned email addresses can severely damage your IP reputation. It is your responsibility to ensure that your email list is clean, and you are not sending emails to inactive or invalid addresses.
Feedback Loops and Complaint Management:
You are required to monitor and manage spam complaints effectively. Many ISPs provide feedback loops that notify you when recipients mark your email as spam. You must ensure that your list is updated accordingly to avoid further complaints.
19.6 Termination of Service
Failure to Maintain Good IP Reputation:
If your dedicated IP is blacklisted or blocked due to your failure to comply with these terms, we reserve the right to suspend or terminate your dedicated IP service without a refund. You will be notified and given an opportunity to resolve the issue within a reasonable time frame. If the issue is not resolved, we may suspend or cancel the service.
Refunds for IP Blacklisting:
No refunds will be issued for periods of service where your dedicated IP is blacklisted or blocked, or if your account is terminated due to failure to maintain a good IP reputation.
19.7 IP Usage Best Practices
Maintain List Hygiene:
Regularly clean your email list to remove invalid, bounced, or unengaged recipients. Use double opt-ins to ensure that all recipients have explicitly consented to receive your emails.
Monitor Bounce and Complaint Rates:
Keep an eye on bounce rates, spam complaints, and unsubscribes. High rates of these can indicate problems with your email practices and can negatively impact your IP reputation.
Monitor Your Sending Frequency:
Avoid sudden spikes in email volume. Sending too many emails too quickly is a common cause of blacklisting. Gradually scale up your sending volume according to the recommended warm-up schedule.
Use Authentication Protocols:
Make sure that your emails are properly authenticated using SPF (Sender Policy Framework), DKIM (DomainKeys Identified Mail), and DMARC (Domain-based Message Authentication, Reporting, and Conformance) to improve email deliverability and protect against spoofing.
These Dedicated IP Usage Terms are designed to help you manage your email marketing campaigns effectively while maintaining a healthy reputation with ISPs. By agreeing to these terms, you commit to following the necessary steps to ensure the success of your email campaigns while avoiding potential issues related to blacklisting, blocking, or reduced deliverability.
20. Force Majeure
20.1 Definition of Force Majeure
Neither party shall be liable for any failure or delay in the performance of any of its obligations under this agreement (other than payment obligations) if and to the extent such failure or delay is caused by or results from events or circumstances beyond the reasonable control of the party, including but not limited to:
Natural disasters (e.g., floods, earthquakes, storms, fires)
Acts of war, terrorism, or military conflicts
Strikes, lockouts, or labor disputes
Government actions, including regulations or laws affecting services
Internet or network outages, server or data center failures
Failures or delays in third-party services or infrastructure upon which the service depends, including telecommunications or hosting providers
Pandemic, epidemic, or health-related crises
20.2 Notice of Force Majeure Event
In the event of a Force Majeure event, the affected party shall promptly notify the other party, specifying the nature of the Force Majeure event and the anticipated impact on its ability to perform its obligations. The affected party shall use all reasonable efforts to mitigate the effects of the Force Majeure event and resume performance as soon as reasonably possible.
20.3 Effect of Force Majeure
During the period of Force Majeure, the affected party’s performance shall be excused, delayed, or suspended, but the obligations to make payments for services rendered prior to the event shall remain in force. No refund or compensation will be owed for any delay in service performance caused by a Force Majeure event.
20.4 Duration of Force Majeure
If the Force Majeure event continues for more than 30 consecutive days, either party may terminate the agreement by providing written notice to the other party. In such cases, any prepaid fees for services not rendered due to the Force Majeure event may be refunded on a prorated basis.
This Force Majeure clause ensures that neither party is unfairly penalized for failure to perform obligations due to events outside of their control, while also providing a pathway for resolution if such events persist for an extended period.
21. Suspension of Service Due to Non-Payment
21.1 Non-Payment
In the event that the customer fails to pay any fees or charges owed to us for services rendered, and such payment remains overdue for 7 days or more, we reserve the right to suspend or disable access to the relevant services until payment is received in full.
21.2 Notification of Suspension
Before suspending services due to non-payment, we will make reasonable efforts to notify the customer of the overdue balance and the impending suspension. Such notification may be sent via email or other communication methods provided by the customer. The notification will include:
The outstanding balance
The date of the suspension
Instructions for resolving the outstanding payment
21.3 Suspension of Services
Upon suspension of services due to non-payment:
The customer will no longer have access to the hosting, email marketing, or any other services associated with the unpaid fees.
The customer’s website or email marketing campaigns may be taken offline, and any associated content or data may not be accessible during the suspension period.
We will not be liable for any loss of service or data during the suspension period.
21.4 Reinstatement of Services
Services will be reinstated once payment has been received in full, including any applicable late fees. The customer may be required to pay a reinstatement fee to resume services after suspension.
21.5 Termination for Non-Payment
If the outstanding balance remains unpaid for more than 30 days after the date of suspension, we reserve the right to terminate the agreement and cancel any remaining services. In such cases, any prepaid fees for unused services will not be refunded, and no credits will be issued for the unused portion of the service.
21.6 Late Payment Fees
We reserve the right to charge a late payment fee of £[specify amount] or [percentage]% of the overdue balance per month (or part thereof), starting from the due date until payment is made in full.
This clause ensures clear communication about the consequences of non-payment and outlines the process for suspension and reinstatement of services. It also provides a method to recover late fees while emphasizing the importance of timely payments to maintain service continuity.
22. Service Security
22.1 Customer Responsibility for Security
The customer is solely responsible for maintaining the security and confidentiality of their account, login credentials, and any services provided by us, including but not limited to their website, email accounts, and any other tools or platforms associated with their service package. It is the customer’s responsibility to take all necessary steps to protect their account and service from unauthorized access, hacking, or data breaches.
22.2 Security Measures
While we implement industry-standard security measures to protect the service and its infrastructure, the customer is responsible for ensuring that their own practices and activities do not compromise the security of their account or the service. This includes:
Maintaining strong, unique passwords for all user accounts and services
Regularly updating passwords to prevent unauthorized access
Ensuring all software, plugins, and third-party tools used are up to date and secure
Implementing appropriate measures to protect against malware, viruses, and other security threats
Utilizing firewalls and other tools to safeguard their account and associated services
22.3 Customer-Installed Software and Plugins
Any software or plugins installed by the customer are their responsibility to ensure that they do not introduce security vulnerabilities into the service. We recommend that the customer only use reputable software and plugins that are regularly updated and supported.
22.4 Security Breaches and Unauthorized Access
If the customer becomes aware of any security breach, unauthorized access, or other suspicious activity involving their account or services, they must notify us immediately. We will take reasonable steps to investigate and resolve the issue, but the customer is responsible for any damage caused by their failure to secure their account or services.
22.5 Data Protection and Backup
The customer is responsible for implementing appropriate measures to back up their data, including website content, email communications, and any other information stored on our platform. We recommend regular data backups as part of the customer’s security protocol. While we may offer backup services, these should not be relied upon as the customer’s primary means of securing their data.
22.6 Third-Party Access
If the customer grants access to any third party (such as contractors, web developers, or consultants) to their account or service, they are responsible for ensuring that the third party follows the appropriate security procedures. The customer remains fully responsible for any security breaches or other issues that arise from third-party access to their account or service.
22.7 Compliance with Security Standards
The customer agrees to comply with all relevant security laws, standards, and best practices applicable to their use of our services. This includes compliance with data protection regulations and other legal requirements governing the security of online services and customer data.
This clause clarifies that the customer is responsible for the security of their account, services, and data, as well as the importance of maintaining security best practices to prevent unauthorized access or breaches.
Website Design Services
By purchasing our services, you agree to these terms. Please read them carefully before placing an order.
- Service Description
Inboxingproweb provides website design services using premium design templates. Our services are offered on a fixed-price basis, detailed in a quotation provided to the Client prior to order confirmation. The quotation specifies the work included within the scope of the project.
- Scope of Work
3.1 Fixed Price Quotation
All website design services provided by the Company are quoted at a fixed price, based on the work specified in the initial quotation. The quotation will outline the features, functions, and services included.
3.2 Template-Based Design
Our services are based on the use of pre-designed, premium website templates. The templates serve as the foundation for the website’s structure, theme, and layout. Unless explicitly stated in the order confirmation, the following limitations apply:
No Structural Modifications: Custom structural changes to the template’s layout or functionality are not included.
Theme Colours and Styling: The service includes styling consistent with the chosen template’s theme colours. Changes to theme colours or extensive customizations will incur additional charges.
No Custom Design from Scratch: This service does not include bespoke website design or development from scratch. Bespoke designs must be separately contracted.
3.3 Additional Work
Any work beyond the defined scope will require a separate agreement and will be billed at our standard hourly rate. This includes, but is not limited to, additional pages, features, custom code, or content revisions not included in the original agreement.
3.4 Client-Supplied Content
The Client is responsible for providing all content (text, images, logos, etc.) needed to complete the project. Delays in supplying content may impact the delivery timeline. If requested, we offer content creation services, which will incur additional charges.
- Project Timeline and Delivery
4.1 Timeline
A project timeline will be outlined in the quotation. The Company will make all reasonable efforts to complete the project within the agreed timeline, provided that the Client supplies all necessary content and approvals promptly.
4.2 Approval and Revisions
Once the initial design is completed, the Client may request minor revisions within the scope defined in the quotation. Major changes or redesigns are considered additional work and will be billed accordingly.
4.3 Completion and Launch
The website will be deemed complete upon final approval by the Client or after the completion of minor revisions, whichever occurs first. Once approved, the site will be launched on the Client’s domain, assuming hosting arrangements are finalized.
- Payment Terms
5.1 Deposit
A non-refundable deposit of 50% is required upon acceptance of the quotation to initiate work.
5.2 Final Payment
The remaining balance is due upon project completion, prior to the launch of the website.
- Client Responsibilities
6.1 Content Provision
The Client is responsible for providing accurate and up-to-date content required for the website. The Company is not liable for delays caused by the Client’s failure to provide content in a timely manner.
6.2 Approval
The Client must review and approve all stages of the design process. Once approved, any changes requested may incur additional charges.
- Intellectual Property and Licensing
7.1 Template and Design Ownership
The website design, based on premium templates, is licensed for the Client’s use upon full payment. The Company retains ownership of the template and design assets used in the site’s creation. Any custom design or code developed by the Company remains the intellectual property of the Company, unless otherwise agreed in writing.
7.2 Content Ownership
All content provided by the Client (text, images, logos, etc.) remains the property of the Client.
- Warranty and Liability
8.1 Limited Warranty
The Company guarantees the website will function as outlined in the order confirmation and within the capabilities of the template. The Company is not responsible for issues arising from third-party software, plugins, or hosting services used by the Client.
8.2 Limitation of Liability
Inboxingproweb’s liability is limited to the total amount paid by the Client for the project. The Company shall not be liable for any indirect or consequential damages arising from the use of the website or services provided.
- Termination
The Company reserves the right to terminate services if the Client fails to adhere to these Terms and Conditions or if payment is not made as agreed. The Client may terminate the project at any time; however, the initial deposit is non-refundable.
- Miscellaneous
10.1 Amendments
These Terms and Conditions may be amended by the Company with notice to the Client.
10.2 Governing Law
These Terms and Conditions are governed by the laws of Great Britain and both parties agree to submit to the jurisdiction of the UK
By purchasing our website design services, you agree to abide by these Terms and Conditions.
General Refund Policy
We provide a 14-day money back guarantee on all services
To request a refund, please open a support ticket and we will process refunds normally within 24 hours
Refund requests outside of 14 days from date of purchase will not be accepted
Annual Renewals
If your service is provided annually and you don’t wish to continue with the service, please ensure you request cancellation of the service a minimum of 7 days prior to the renewal date, if you do not do this, we will provide an additional 48 hours to request a refund, any refund requests outside of this period will not be accepted for any reason
Domain name Registration
New domain registrations are non-refundable at any time, and you will have access to the domain for 12 months, if you wish to move to a new hosting, you can either transfer the domain or change the name servers
IP Warm up
We may include a warmup plan as part of the service, if any plan is cancelled within 14 days of purchase before the warmup plan is completed, a fee of $50 will be deducted from any refund amount due to cover the set up and management of the warmup plan
Additional IP
If you purchase an additional IP and wish to cancel the service at any time, no refund is payable because the IP has allocated
If you pay for your hosting monthly, the service can be cancelled at any time and the service will cease on the renewal date, no refund is payable for previous monthly payments
If you pay for your hosting annually no refunds are payable after the 14-day refund period
Free Domain
If your plan includes a free domain, the cost of 12 months registration will be deducted from any refund due in the first 14 days, if you cancel a monthly plan anytime during the first 12 months of service, the cost of the domain registration will be due and invoiced for payment
Set up service
If your service includes a free set up as part of the offer and you cancel within any refund period the cost of the set-up, currently $30 will be deducted from any refund due
Contact Information
If you have any questions or concerns about these Terms, please contact us:
DHM Digital
Address: 5 Spencer Green, Whiston, S60 4NR Rotherham, South Yorkshire, UK.
Email: support@inboxingprohost.com
Phone: 44 1709 445076