Privacy Agreement

Dediserve Ltd. knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting any of the sites offered by dediserve you are accepting the practices described in this Privacy Notice.

What personal information does Dediserve Ltd gather?
IInformation You Give Us - We receive and store any information you enter on our Web site or give us in any other way. We use the information that you provide for such purposes as responding to your requests, providing our services and communicating with you.

Automatic Information - We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses our sites. Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; the full Uniform Resource Locators (URL) click stream to, through, and from our Web site, including date and time. We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use.

What About Cookies? - Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser. Besides using the information as described above, Dediserve Ltd utilizes cookies to control the flow of the ordering processes by maintaining the state of your online transactions.

Does Dediserve Ltd. Share the Information It Receives? - We may use basic information, such as your IP address to monitor activity on our ordering system, ie, we may check your IP address worldwide spam databases to see if the IP address has been used for illegal activities. This involves our automated systems passing your IP address. Currently we use MaxMind (http://www.maxmind.com) for our online fraud checks. We do not pass your name, address, telephone number, or any other personal information to any third parties. We do not distribute your email address to any third parties.

Third Parties -Third Parties - We engage other companies and individuals to perform functions on our behalf. Examples include processing credit card payments, providing marketing assistance, providing customer services, sending postal mail and email to you, removing repetitive information from customer lists, and analyzing data. These persons have access to personal information needed to perform their functions. These companies do not retain, share, store or use personally identifiable information that you provide to Dediserve Ltd for any secondary purposes.

How Secure Is Information About Me? - We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input and the information we may send to our agents.

Information is stored in encrypted and password protected databases, which records can only be accessed individually based on several security verification methods, such as location, email address, job title, security level, and the reason for record retrieval. Our team has the ability to restrict sensitive information to read-only for managers and above.

What Information Can I Access? - You can request any information we hold on record for you, requests can be made to our customer service department through email, telephone or our online helpdesk at any time. Dediserve Ltd is registered under the Data Protection Act in the United Kingdom and Data Protection Act Ireland.

Terms & Conditions

Terms & Conditions - Dediserve Ltd Terms Of Service Last Updated 1st February 2011
By paying for your service, you agree to abide by the terms and conditions outlined below. If you do not agree to this, do not make your payment.

Domain Registration Information

1.0) dediserve will accept all new registrations and verify the domain name through email for security confirmation and register them as soon as possible after payment has been processed and verified.

1.1) UK only registrations for a period of 2 years. Domains purchased with web hosting packages are renewed each year at the same time as the package itself. After this time period has lapsed registration renewal may be made upon receipt of payment of renewal fees. Customers can choose to renew the domain with Nominet at a higher rate. You can renew your domain name up to six months before it is due to expire. Just let us know that you would like to renew the domain name and we can renew it for you with Nominet. If you don’t contact us about the renewal, you will receive a renewal reminder email from Nominet suggesting that you should contact us and ask us to renew the domain name for you. If you still don’t contact us you will receive a pro forma invoice from Nominet for the renewal by email and post seven days after the domain name is due to expire. This is because under the terms of your contract with Nominet they cannot cancel the domain name unless they have contacted you to remind you to renew it

1.2) Once a registration request has been completed no refunds can be made by Dediserve Ltd. No refunds can be made if registration attempts have been made by the registrant within 48 hours of attempting to register the domain through Dediserve Ltd.

1.2B) When you register a .uk domain name, and we will register it with Nominet on your behalf. It is important that you provide us with accurate contact details so that we and Nominet can contact you about your domain name in the future, for example to renew it for you at the end of the initial two year registration period (see ‘Renewals’ below for details). When you register a .uk domain name you are entering into two separate binding contracts: Contract with us - You should understand your rights and obligations under this contract with us. Make sure that your contact details are correct. Contract with Nominet - Because you are registering a .uk domain name you also have a contract with Nominet, the registry for all domain names ending in .uk. You need to comply with Nominet’s Terms and Conditions. Registering a .uk domain name entitles you to be a domain name holder and use it for two years. However, you do not become the owner of the domain name. If you do not renew it at the end of the two year period, it becomes available for other potential applicants.

1.2C) Transfer of a domain away from our registrar to a new registrar (a third party) requires cancellation of the associated hosting account. This policy is in place due to transfers out which leave accounts inactive, wasting server resources. Customers must provide at least 10 working days notice to transfer a domain away. If the domain is associated with a purchased web hosting package, this package must be in an active status with at least 10 working days left on it's contracted period. Domain transfers will be declined for any account with payment oustanding or pending abuse investigation.

1.3) Until the registrant receives confirmation of registration from Dediserve Ltd there is no guarantee that the domain name requested will be registered.

1.4) Dediserve Ltd will do all they can to ensure that the registrant's details are submitted correctly during registration. As our system is automated the customer is advised to check that their details are correct before submitting the domain for registration.

1.5) The registrant agrees that all details submitted in respect of a domain name registration are true and correct. The registrant makes certain to Dediserve Ltd that the registration of a domain name and the way in which it is used (directly or indirectly) does not infringe the legal rights of any third party. Dediserve Ltd do not accept any responsibility for the use of registered domain names especially where there may be conflict over rights to ownership. The registrant indemnifies Dediserve Ltd from any legal proceedings and costs that arise as a result of the registration of a domain.

Law Enforcement Information

The dediserve terms specifically prohibits the use of our service for illegal activities. Therefore, account holders agree that the company may disclose any and all the account holders information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Customer. In addition dediserve shall have the right to terminate all service set forth in this Agreement.

Dediserve Ltd reserve the right to terminate or suspend any account, or service, without reason.

Failure to Pay

dediserve may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges.

Dediserve Ltd reserve the right to charge administration for The re-activation of any account suspended for payment Failure. This will be no more than €25.00

Payments and Fees

Fees are payable in advance on the first day of each billing cycle, beginning with the service commencement date. If payment is made with Credit/Debit card, you authorise dediserve to bill subsequent fees to the card provided during the term of this agreement.

On the 15th day past the due date stated on invoices, where unpaid, dediserve reserves the right to suspend service for non payment.

Customers are responsible for maintaining contact information and updating dediserve with any changes to billing data - such as change of address, email address or credit card expiry dates.

Payments which are not made to dediserve for the service subscription may be turned over to an outside collection agency for collection. The account holder is subject to collection and administration fees involved in the collection of the funds.

If you desire to cancel your account, you must contact us through the correct contact information found on our website, and receive full confirmation before considering your account closed. Until a confirmation email is sent to you, your account will still be billed. It is not possible to cancel an account with due invoices.

Fee changes: dediserve may increase or decrease its fees for services effective the first day of renewal term, by giving notice to the customer of the new fees at least 30 days prior to the beginning of the Renewal Term. If the customer does not provide notice of non-renewal as provided for above, the customer shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term).

Refund Policy

Domain Name Registration - Once a domain registration request has been completed no refunds can be made by dediserve. No refunds can be made if registration attempts have been made by the registrant within 48 hours of attempting to register the domain through dediserve.

Money Back Guarantee - Account holders can cancel their account within 15 days to receive a refund excluding domain registration costs. No refunds can be issued after this period of time. Individual cases can be reviewed by our customer experience team.

All charges are non-refundable unless expressly stated otherwise or otherwise provided by applicable law.

New Accounts

All new accounts are setup within normally an hour from placing your order, however our sales team may contact you for security verification of your order. Once your account is active, server creation is in real time.

Term

The initial term of this agreement shall begin on the date that dediserve generates an email message to the customer stating the service is now active and will continue for the number of calendar months specified in the order.

Upon expiration of the initial term, this agreement will renew automatically for successive renewal terms each the same as the initial term unless dediserve or the customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the initial term or then-current renewal term, as applicable.

Indemnification

Customer agrees to indemnify and hold harmless dediserve, dediserve’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

Disclaimer of Warranties

DEDISERVE DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW DEDISERVE DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN 'AS IS' BASIS.

Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF DEDISERVE AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

SPAM and Unsolicited Commercial Email

Dediserve Ltd has a zero tolerance approach to the sending of Unsolicited Commercial Email or SPAM over our network. Very simply this means that customers of Dediserve Ltd may not use or permit others to use our network to transact in spam messages. Customers of Dediserve Ltd may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of Dediserve Ltd's SPAM policy will result in severe penalties - Upon notification of an alleged violation of our SPAM policy, Dediserve Ltd will initiate an immediate investigation (within 12-24 hours of notification). During the investigation, Dediserve Ltd may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Dediserve Ltd may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Dediserve Ltd reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Dediserve Ltd will notify law enforcement officials if the violation is believed to be a criminal offence.

First violations of this policy may result in an Administrative Fee of €100 at the discretion of management and your account will be reviewed for possible immediate termination. A second violation will result in an Administrative Fee of €399 and immediate termination of your account. Users who violate this policy agree that these fees will be paid on request. Please see Failure to Pay and Payments and Fees information.

Dediserve Ltd reserve the right to charge upto a total of €1500 For spam related violations due to costs which may be enforced On us by data carries or data center administration fines.

As our resellers are ultimately responsible for the actions of their clients over the Dediserve Ltd network, it is advisable that resellers develop a similar, or stricter, policy for their clients. Our customers are solely responsible for the use of their hosting account at all times.

The hosting of, reference to, usage or linking to any of the following is not allowed.

- Violations of any copyright or any other right of a 3rd party
- Threatening, abusive, harassing, defamatory statements.
- Promotion of illegal activities (info on hacking, cracking etc)
- Hosting or linking to copyrighted files without permission
- Information, instructions, links, etc containing malicious code
- Hate speech or hate propaganda.
- Scripts or systems that cause server performance issues
- Misrepresentation of member's identity, or impersonation
- Collection of personal information for illegal purposes.
- Collection of personal information without users permission
- Content that is deemed by Dediserve Ltd, in its sole discretion, to be harmful to Dediserve Ltd
- Solicitation or sale of any harmful/illegal products or service

Dediserve Ltd will not be responsible for any damages your business may suffer. Dediserve Ltd makes no warranties of any kind, expressed or implied for services we provide. Dediserve Ltd disclaims any warranty or merchant ability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by Dediserve Ltd and its employees.

Data Storage

Customers are solely responsible for the backup of files and data on their hosting account. Dediserve Ltd does not duplicate your information for backup for customer privacy reasons.

Dediserve Ltd provide free backup storage space for customers, This should be used to make necessary backups of all data. Dediserve Ltd cannot recover any data at any time.

Alterations to Terms and Conditions

DDediserve reserves the right to adjust the terms and conditions of service at any time and these will typically be done by e-mail to customers, and edited online, but changes to the terms may not be broadcasted.

Customers and users are requested to read our terms and Conditions on a regular basis to keep updated with new changes. TOS can be requested by emailing support@dediserve.com

Customer agrees to maintain a current copy of all content hosted on dediserve, notwithstanding any agreement by dediserve to provide backup services.

If you do not agree to these terms and conditions you should Contact us to have your account terminated immediately.

By not contacting us or raising queries with our terms you Solely agree that you have read and agree to all specifics.

Bandwidth / High Resource Users - Sites are subject to network abuse and high resources. Any user which uses high resources, or high bandwidth which effects other customers and server performance, may have their site temporarily closed or the owner contacted to resolve the issue.

Resources include: CPU Usage/Memory Usage
Dediserve Ltd reserves the right to adjust the terms and conditions of service at any time.

Money Back Guarantee

Customers can cancel their hosting with us within 15 days of placing an order. This excludes any domain registration costs.

Refunds can only be issued if the account is faulty or the customer is unhappy with the service. This excludes the "finding" of "better deals".

Dediserve Ltd reserves the right to refuse an upgrade if it feels unsuitable. Dediserve Ltd also reserves the right to decline a domain transfer if an account has violated the terms and conditions (outstanding debt, management).

Migration of Data

Dediserve provide a range of migration solutions to allow the migration of data (files, folders, databases) between two providers as part of an incoming migration service. The standard Dediserve migration process consists of the transfer of files, folders and databases between the old server and the new Dediserve machine. This migration process does not include the installation, configuration or migration of software (standard or custom) or any operating system configuration files (examples being MySQL configuration, anti-spam configuration etc). Once the data has been migrated between the two machines, the migration process has been completed. End users are responsible for the installation and configuration of any additional software, modules or applications that are required to allow the transferred websties to operate.

If a customer is migrating between CPanel servers, the Web Host Manager migration feature will allow Dediserve to replicate the settings, configuration, files/folders, email accounts and databases for each individual account (an exact replication), this service is however currently only provided to this level of detail for CPanel->CPanel migrations. Customers who perform CPanel->CPanel mgirations will still be responsible for the installation/configuration of dependent software. Dediserve provide a range of professional support services where required, in the event that additional support is required to migrate between servers outside of the standard unmanaged support service provided by Dediserve, or os outside of the migration service, professional services sessions can be ordered from the Dediserve sales team. The Dediserve migration process is considered completed when the engineer updates the ticket to confirm the free migration service has now been completed.