Terms of Service
The term ‘David Henry’ “DHM Digital, David Henry Marketing” “Inboxingprohost” "Inboxingpro" "discounthostingdirect.com" or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 5 Spencer Green
Whiston, S60 4NR Rotherham, South Yorkshire, UK. The term ‘you’ refers to the user or viewer of our website.
The use of services provided by Inboxingprohost is subject to the following Terms and Conditions. This document describes the service that is offered, charges for the service, and actions that are prohibited
THE SERVICE
The shared servers are offered as an unmanaged service. Provider obligations are limited to offering the Customer access to the server via a cPanel and will not configure, secure, or do any software configuration on your shared server. Support is not offered for any software that will be offered by the Provider, nor for any software that the Customer may install.
Suspension
If the Client invoice is past due, the Provider may send up to 3 email notifications. If payments are not made within 5 days from issued invoice the Provider had the right to suspend the services and to terminate the contract after 14 days. After the contract is terminated, the Provider may delete any of the Client’s suspended websites without further notification. The suspension period it is not considered as downtime.
Service security
It is exclusively the Customer’s obligation to maintain and control passwords to the Customer’s hosting accounts (s) and web site(s). The Customer is exclusively responsible for all activities that occur in connection with the Customer’s user name, password, registered domain name(s); as well as any and all scripts or programs added to the account by the Customer or authorized users. Inboxingprohost will not be liable for any loss or damages of any kind, under any legal theory, caused by Customer’s failure to comply with the foregoing security obligations or caused by any person to whom Customer grants access to Customer’s Services. Any programs or scripts are solely the Customer’s responsibility to update and secure.
ALL EMAIL
You must comply with all applicable laws and regulations including but not limited to CAN-SPAM (Controlling the Assault of Non-Solicited Pornography And Marketing) and CASL (Canadian Anti-Spam Law). In addition, your email must meet the following requirements:
Your email must claim to originate from an address at a domain that is currently registered to you, under your control, or you have the permission to transmit on behalf-of. The domain must not conceal the identity of the registrant.
You may not send bulk text messages via email.
Your email may not contain any false, misleading, or deceptive information in its content or header, and you may not attempt to obscure or hide the source of the email.
Your email must not be characteristic of spam as determined by the sole discretion of Inboxingprohost
If your IP is identified as sending spam and you fail to address the issue your service will be suspended with no refund due of any payments made
TRANSACTIONAL EMAIL
An email message is considered transactional if its primary purpose meets one or more of the following requirements:
facilitates or confirms a commercial transaction that the recipient already has initiated and/or agreed to.
gives warranty, recall, safety, or security information about a product or service.
gives information about a change in terms or features or account balance information regarding a membership, subscription, account, loan, or other ongoing commercial relationship.
provides information about an employment relationship or employee benefits; or
delivers goods or services as part of a transaction that the recipient already has agreed to.
For all recipients that you have a transactional relationship with, you must retain:
Evidence of the details each recipient’s transactional relationship in a form that can be promptly produced on request, and you honour the recipient’s and Inboxingprohost requests to produce this evidence within 48 hours of receipt of the request;
Details of the transactional relationship including the names of the parties in the relationship, a description of the relationship, the date the relationship started, how the email address was obtained, and if possible, the dates of the first and most recent transaction.
BULK OR COMMERCIAL EMAIL
Commercial email is defined as any email message for which the primary purpose is the commercial advertisement or promotion of a commercial product, website, or service. Our requirements for commercial email include:
You may not send email to addresses or lists that have been obtained from a third party.
Your intended recipients have given their consent to receive email specifically from you via some affirmative means, such as an opt-in procedure;
Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
You retain evidence of each recipient’s consent in a form that can be promptly produced on request, and you honour recipient’s and Inboxingprohosts requests to produce consent evidence within 48 hours of receipt of the request. Evidence should contain at a minimum the date, time and place of the consent and if the consent was given online, the recipients IP address used to give the consent. All evidence must be satisfactory as determined by the sole discretion of Inboxingprohost
You have procedures in place that allow a recipient to revoke their consent – such as an unsubscribe link in the body of the email and you must honour revocations of consent and notify the recipient within 48 hours;
You must have a Privacy Policy posted for each domain associated with the mailing;
You must post an email address for complaints (such as abuse@yourdoman.com) in a conspicuous place on any website associated with the email and you must promptly respond to messages sent to that address;
You must include the recipient’s e-mail address in the body of the message or in the “TO” line of the e-mail.
Your email must not generate excessive blacklistings or any critical blacklisting as determined by the sole discretion of Inboxingprohost
Your email must not generate excessive complaints as determined by the sole discretion of Inboxingprohost
Your email list must be valid and not generate excessive failures as determined by the sole discretion of Inboxingprohost
Any breach of any of the conditions above can result in the instant termination of the account at the sole discretion of Inboxingprohost
IP ADDRESSES
The Customer acknowledges no right, title, or interest in the IP address allocated to the Customer, and that any IP address allocated to the Customer is allocated as part of the services and is not portable or otherwise transferable by the Customer in any manner whatsoever. If an IP address is renumbered or reallocated by the Provider, the Provider shall use all reasonable endeavours to avoid any disruption to the Customer.
The Customer agrees to no right, title, or interest to the IP address upon termination of this agreement
IP Warm up
We require each new IP allocated to be warmed up, this is a process to slowly introduce the IP is sending bulk email to the major ISPs like Google and Yahoo
We may provide a warmup plan as part of our set up service. We guaranteed the IP allocated is clean and free from any blocks or blacklisting.
We do not accept any liability for the performance of any warmup because it is subject to many external conditions beyond our control, these include but not limited to,
Only sending the warmup campaign to permission-based subscribers who have provided express consent to receive marketing emails
The list is current and free from any inactive, non-existent or spam trap emails
All lists should be put through a list cleaning service to ensure these emails have been removed,
The list should only contain subscribers who have opened a previous email campaign because the more engaged the subscriber, the more successful the warm up plan will be
The subject line and email copy should be checked in a spam checker tool prior to confirming the draft copy to use is free from possible spam issues.
We do not check any of the above details and assume you have provided the details as required
Failure to ensure the above conditions are adhered to may produce poor results and or the new IP being blocked or blacklisted and we accept no responsibility for this due to any of the above conditions which are beyond our control
Force Majeure
The Provider will not be liable for delays in its performance of the Terms and Conditions or Inboxingprohost services caused by circumstances beyond Inboxingprohost reasonable control, including: acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labour or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Inboxingprohost will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of Customers for the payment of money due. Any waiver, modification, or amendment of any provision of the Terms and Conditions or other agreement for Inboxingprohost services, initiated by a Customer, will be effective only if accepted in writing and signed by an authorized representative of Inboxingprohost
GOVERNING LOW OF THE AGREEMENT
The Terms and Conditions, and any other agreement for Inboxingprohost services, will be governed by and construed in accordance with the laws of United Kingdom without reference to its conflicts of laws principles. Any litigation or arbitration between a Customer and Inboxingprohost will take place in England. The Customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the Terms and Conditions or other Inboxingprohost agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the Terms and Conditions or the agreement will continue in full force and effect.
ACCEPTABLE USE POLICY
The Customer shall NOT use the services or the servers provided by the Provider to:
send unsolicited commercial or bulk email to any party for any reason which may or may not result in a complaint. Any Customer desiring to send bulk email is required to contact us first, describe the nature of the email messages, and wait for our approval. Customer accounts that are sending bulk email without our approval will be terminated immediately. No refund will be provided
Access or attempt to access a computer or network resource that the Customer is not authorized to access.
Distribute, link to, or make available in any way to any party intellectual property that requires some method of authorization to sell or distribute, which the Customer does not have.
Store, transmit, create, or examine any pictures, realistic or not, of humans, anthropomorphic depictions of human-like creatures, or images suggesting humans that are under the age of 18 years in an either implied or actual pornographic picture.
Forge email headers or TCP/IP packet headers or engage in spoofing.
Distribute worms, viruses, or Trojans.
Violate export controls on any software or intellectual property.
Access IRC. IRC access, IRC robots (“bots” or “clones”), IRC scripts, IRC egg drops are completely forbidden.
Commit or attempt to commit any denial of service attack against any computer, network, or individual.
Use any peer-to-peer programs.
perform any form of network flood, DOS, (D)DOS or network attack of other internet machines.
Abuse the storage disk(s), input/output operations or other kind of resource.
Abuse other Customers’ service level. If large number of input/output disk operations are performed or other kind of resource abuse that is affecting other Customers’ service level, The Provider is entitled to suspend the Customer’s service.
Access war bots/X-DCC. War bots/X-DCC are not allowed.
Attempt to run shell hosting companies from the Provider’s service.
Run TOR, tor relays or other related software.
Run torrent & related software. We do allow some exceptions, but please contact us first.
Run VPN for commercial use. We do allow vpn for personal use only.
If the Customer is (D)DOSsed, the Provider reserves the right to suspend that account to limit the attack. If the Customer is found to have caused the (D)DOS, that account may be suspended or cancelled and the Customer billed.
Abuse towards the Provider’s staff in the form of verbal or other abuse that the Provider deems to be offensive may result in cancellation or termination of the Customer’s account.
A written warning will be issued to the customer and if the abuse continues in any form, either verbally or in writing, the Customer account will be terminated.
No free hosting companies are allowed on the Provider’s service due to the high risk of abuse by end Clients.
The Provider does not monitor, and will have no liability for the contents of, or any communications transmitted by virtue of the services. Notwithstanding the aforesaid, the Provider reserves the right to withdraw the service without compensation to the Customer in the event of a breach of the Acceptable Use Policy. Any such breach shall be treated as a fundamental breach of contract.
Excessive Resource User Policy
Resources are defined as disk space, bandwidth, and/or computing resources (CPU, memory, disk i/o, # of files/inodes) utilization. Inboxingprohost offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Inboxingprohost control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources.
A hosting account is considered using "Excessive amounts of resources" when it consumes 100% of the allocated resources on the subscribed hosting plan and/or subscribed scalable resource add-on(s) known as "Computing Resources", and/or "Resources", and/or "Resource Usage".
There are numerous issues that could cause such problems, including but not limited to: CGIs scripts, FTP, HTTP, etc.
To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused.
Inboxingprohost will make every reasonable effort to notify customer prior to suspension, however, Inboxingprohost may suspend any offending hosting account prior to notifying the customer of the account if service disruption to other customers was/is caused.
The customer who is using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package if we have a bigger plan available, if not the account must be managed within the permitted limits or the account will be suspended.
Inboxingprohost will be the sole and final arbitrator as to what constitutes as a violation of this policy.
Customers have access to their Resource Usage within their control and the limits are provided at the point of sale on the customer facing sales page
BACKUP POLICY
The Provider does make weekly backups of the Customers’ data, but it is also the Customer’s responsibility to backup it’s data from time to time. The Provider does not accept any liability for any Customer data whether being lost due to Customer failure to backup data. This includes the event of hardware failures or any other reason for data being lost.
Limitation of Liability
In no event will Inboxingprohost and its managers, directors, employees, suppliers or content providers, be liable to you or any third party for any exemplary, incidental, indirect, compensatory, consequential, special or punitive damages, including any lost profits, data loss, arising from your use of the services, websites or other user content or materials accessed or downloaded through the services, even if Inboxingprohost is aware or has been advised of the possibility of such damages.
Not withstanding anything to the contrary contained herein, Inboxingprohost liability to you or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Inboxingprohost for the services in the three months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
Termination
The Provider reserves the right to terminate Customer account, and any future business relation with the Customer, effective immediately, at any time, with or without notice and with no refund for unused services, for any suitable reason including but not limited to as a result of the Customer violation of any of these Terms of Service or any UK or international law, or if the Customer misuses system resources by utilizing programs or software that consume excessive network capacity, CPU, RAM, disk etc.
After the termination of the contract, the Provider has the right to delete and destroy any information associated with the Customer’s Account.
The Customer may terminate the service at any time by giving at least 3 days notice by contacting the Provider via email or through the link from the Client’s admin area
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of UK.
Set up service
We provide an additional set up service to connect our Inboxingpro autoresponder app to our servers
The cost of this service is currently $30 and is non refundable
We include this service in some of our annual hosting plans, if any annual plan is cancelled within the first 14 days of service, the set-up cost will be deducted from any refund due
If the set up is included in any monthly plan, the cost of the set up is due if any monthly plan is cancelled within the first 12 months of service and the invoice will require immediate payment
Refund Policy
If you want a refund, please contact us with your request using our support desk in the client admin area to ensure a speedy response and 100% of all refund requests within 14 days of the date of purchase will be honoured, If you have taken advantage of a discount pre-paid plan, no refunds will be granted after 14 days from the purchase date
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 warm up plan is completed, a fee of $50 will be deducted from any refund amount due to cover the set up and management of the warm up 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