This agreement ("Agreement") is between hosting service provider Host Royal  HSP, and the Customer or Hosting/Internet Service Reseller ("Customer") specified in the electronic order form by reference ("Order"). The agreement is made effective at the time of the order being placed.

The parties agree as follows:

Overview

This agreement in conjunction with the Host Royal Acceptable Use Policy annexed herein by reference (AUP) are intended to cover any and all services provided by Host Royal and received by the Customer. This service agreement and annexed AUP together, contain the entire understanding between Host Royal and Customer with respect to the services ("Services") described in the Order and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between Host Royal and Customer. Customer acknowledges and agrees that its entire right relating to Host Royal Services are as set forth in this agreement and hereby waives all other rights that it may have by implication of law or otherwise.

1. Services

Subject to the terms and conditions of this agreement, Host Royal agrees to provide the hosting services specified in the Order. Subject to Customer's right to terminate this agreement in accordance to Section 4.3 of this agreement, Host Royal may expand or contract the scope of the Host Royal's services by issuing an amended order form to the Customer in advance of such change.

Host Royal offer a variety of Internet services. These are Website hosting, email hosting. However we do not offer background processes such as daemon servers and applications such as IRC, IRC bots, rc5des, Egg drops, Java Chat Server, etc.

2. Initial Term

The initial term of this Agreement is stated in the Order ("Initial Term"). The Initial Term shall not commence until Host Royal accepts and confirms the completed order form from the Customer and until first payment as set out in the Order is made in full by the Customer for Services to be provided during the Initial Term. Host Royal reserves the right to reject any order in which case moneys collected will be refunded/reversed.

3. Renewal Term

Unless terminated by Host Royal or in accordance with Section 4.3 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the applicable rate and discounts.

4. Fees and Payment

The Customer agrees to pay Host Royal, without limitation, for services provided. Customer is fully responsible to ensure payment of any and all amounts due, are paid on time independently of receiving any invoices or billing notifications from Host Royal.

Customer is responsible for keeping their contact and billing information up-to-date and accurate, including but not limited to a properly functioning and reachable email address and telephone number.

Invoices may be provided as a courtesy to Customer any or none of the following: email, Host Royal Customer Service Center or upon request fax or email. Host Royal assumes no responsibility for invoices lost or not received. Dollar amounts and costs indicated for all Host Royal services are in US currency, unless otherwise stated. Payment for all Host Royal services is billed and due thirty (10) days in advance.

4.1 Overdue Accounts - Overdue accounts may, at the discretion of Host Royal, be issued a late payment reminder and/or 72 hour disconnection warning notice. Regardless of receiving a late payment reminder or disconnection notice all overdue accounts will be suspended/disconnected from the Internet for a period of 72 hours. Disconnected accounts are cancelled automatically after 72 hours unless: payment is received in full or alternative, suitable arrangements are made with Host Royal. A minimum £2.00 reconnection fee will be charged on all accounts reconnected after being suspended/disconnected. NOTE: If an account is cancelled, there is NO possibility that it can be restored and/or its data recovered.

4.2 Other Charges - Customers will pay all sales and value-added taxes, duties or levies imposed by any authority, government, government agency or commission or crown corporation in connection with the Host Royal web hosting and related services as provided under this agreement. Customers are responsible for collecting such taxes, duties or levies from end users as imposed by authority, government, government agency or commission or crown corporation.

Host Royal reserves the right to charge the Customer standard hourly rates $75/hour US ($37.50 minimum per instance) to cover the resolution of excessive or unusual problems or complaints.

4.3 Cancellation Policy - All hosting contracts, unless otherwise negotiated, are month-to-month. The cancellation of any month-to-month hosting contract by the Customer must occur via the Cancellation Form provided in the Host Royal Customer Service Center located at https://hostroyal.co.uk/support.html. The form must be submitted at least 30 days prior to the requested cancellation date. There are no partial refunds or credits for early cancellations. All payments to Host Royal Hosting Inc. are final and non-refundable.

4.4 Bandwidth Usage - Bandwidth can be purchased in advance (prior to use) at a discounted rate and "banked". Monthly bandwidth usage will be deducted from Customer's "banked bandwidth" on a monthly basis. If all "banked bandwidth" is expended in any given billing period then any additional bandwidth used in that billing period will be billed to Customer at regular rates without further notice to the client.

5. Acceptable Use Policy

Customers shall at all times comply with and help ensure that they and their clients comply with the terms and conditions of the current version of the Acceptable Use Policy (AUP) posted at www.host.zmbworld.co.uk. Customer agrees that Host Royal may amend the terms of the AUP from time to time by posting a new or different version of the Acceptable Use Policy at www.host.zmbworld.co.uk. The Customer shall include the terms and conditions set out in the Acceptable Use Policy in an Acceptable Use Policy with its own clients. Violation of the terms set forth in Host Royal's AUP will result in an immediate and indefinite suspension of Customer's services solely at the discretion of Host Royal.

6. 99% Uptime

Host Royal try to provide the most reliable network infrastructure possible to its Customers. To Customers in good financial standing with Host Royal does not guarantee that our network is available 99.0% of the time in a given month, excluding scheduled maintenance. The network is defined as core network infrastructure excluding the hardware, services and software running on your server. Network downtime is measured from the moment the Customer notifies a Host Royal support representative of a network failure to the time the Network responds to an external "ping" request. Notification of network failure must occur at the time of the outage and not after the fact. If network downtime exceeds 90.99% in a given month, the Customer will be credited 5% of their monthly hosting fee a. Credits shall not be provided to the Customer if network downtime is the result of: a) scheduled maintenance b) circumstances beyond Host Royal's reasonable control, including, but not limited to: dDoS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labuor disturbance, acts of government and c) breaking this Agreement or Host Royal's Acceptable Use Policy.

7. Temporary Service Suspension

The Customer agrees that it may be necessary for Host Royal to temporarily suspend services for technical reasons or to maintain the Host Royal network, the Equipment or any other facilities, the timing of which will be as determined by Host Royal. Such suspension of the Services will not be an interruption of the Host Royal Services for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.

8. Emergency Service Suspension

Host Royal may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of Host Royal Services or network. Such suspension of Services will not be an interruption for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.

9. Data Backups

Host Royal offers data backup services for your critical data files. We make every effort to ensure the reliability of this process. However, because of technical issues regarding backups on live servers and the possibility of data corruption on backup and restore, Host Royal cannot guarantee any data can be fully restored. The Customer will hold Host Royal without penalty or liability for any claim resulting from a failed backup and/or restore procedure.

10. Compromised/Hacked Server

A compromised or "hacked" server is a serious threat to our network. Host Royal, at its sole discretion, will take any and all measures to prevent a compromised server from doing additional damage to its own system and files or to the rest of the network.

Determination that a server has been compromised:

By the Client - If you believe your system may have been hacked, immediately report the situation to Host Royal technical support. Host Royal will examine your system and may implement additional monitoring of your system.

By Host Royal - If a Host Royal System Administrator believes a server on our network is compromised, Host Royal will: 1) disconnect the server from the network, 2) contact the client, and 3) provide evidence of the server being "hacked".

11. Proprietary Rights

The Customer shall not display or otherwise use any trade mark, trade name, logo, symbols, coined word or combination of words used by Host Royal or permit the same to be displayed or otherwise used in connection with any business conducted or controlled by the Customer except as may be specified or approved by Host Royal in writing.

12. Termination of Agreement

If Customer breaches any of its obligations under this agreement or the Acceptable Use Policy (AUP) then Host Royal may terminate this agreement at any time and without prior notice.

12.1 Discretionary Suspension or Cancellation of Services

Host Royal reserves the right to refuse, suspend or cancel services provided to Customer for any reason Host Royal deems necessary or warranted, including but not limited to, abusive or belligerent behavior, excessive administrative issues, consistent delinquent or late payments. Host Royal may exercise this right at any time without prior warning or further explanation to Customer.

Host Royal is not responsible for any loss of data or downtime resulting from willful, accidental or mistaken disconnection or cancellation of an account.

13. Limitation of Liability

Customer acknowledges and agrees neither Host Royal nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, Host Royal or any of its shareholders, directors, officers, employees or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of Host Royal, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to Host Royal for one month of service under this agreement.

The user is solely responsible for the conduct of the all their own business and matters. The provider is not liable to the user in any way for the loss of any data, goods, revenue, profits, services or technology. The provider is not responsible for any punitive damage if this should occur. Therefore the user waives any claims against the provider for any such issues arising from the use of the providers services.

The provider's rights

a. user Files and Accounts

The provider reserves the right to delete users accounts when they breach the Terms of Services Agreement. The provider will not be held responsible for any consequences of the deletion of the account.

b. Proprietary Rights

The PROVIDER retains all proprietary rights, including, but not limited to, services, technology, all content, text, design, graphics, sound, and so forth on its Web sites. The USER acknowledges that all content and technology available on the PROVIDER sites is protected by U.K. and international copyrights, trademarks, service marks, patents, or any other proprietary rights and laws and that the USER is permitted to use content

 

13.2  Host Royal do allow adult material to be stored on the servers. However illegal pornography or images or any sort of pornography which you do not own the copyrights to are not allowed,  including child, beastality or others but not limited to are not allowed. If any of this material is found your account terminated and no refund will be given. Host Royal also does not allow any WAREZ, Illigal MP3 files, Movie clips or file sharing apps including torrents but not limited to.

 

13.3 The provider may terminate the user's accounts if they violate the guidelines set forth in this agreement. By signing up for services the user agrees not to do or participate in any of the following:

Not to have content that contains or contains links to extreme violence or material that is otherwise objectionable and offensive. There will be no content which is racially or ethnically offensive. Content cannot harass or harm another individual.

There will be no hacking, sending viruses, setting up harmful code or other acts which could harm the Providers system or any others

There will be no spamming and sending unsolicited emails by using the providers services.

There can be no content which provides, sells or promotes any of the following: illegal drugs and drug paraphernalia, stolen merchandise, information about making illegal or obtaining illegal weapons.

The content of user's sites will not be actively monitored. However, the provider does reserve the right to investigate any complaints of violations of the Terms of Services.

14. Indemnity

Customer will indemnify and save harmless Host Royal and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against Host Royal or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.

15. Governing Law

This agreement shall be interpreted in accordance with and be governed in all respects by the laws of the Province of British Columbia and the laws of Canada applicable therein. The courts of British Columbia shall have non-exclusive jurisdiction to entertain any action or proceeding brought by the parties in connection with this agreement or any alleged breach of this agreement. The parties each attorney irrevocably to the jurisdiction of such courts.

16. Customer Acknowledgement

Customer acknowledges that it accepts all risk of any unauthorized or illegal use of the Host Royal network or any inter-connected network by third parties. Host Royal provides no warranties, makes no representations, and accepts no liability for the unauthorized or illegal access or interference with the Customer's server/network.

17. Electronic Commerce

The Customer is solely responsible for all aspects of their online store or e-business. This includes, but is not limited to:

• The accuracy of statements and materials related to your products and/or services.
• The accurate calculation and application of shipping and sales tax.
• Processing Customer orders, inquiries and complaints.
• Maintaining the confidentiality of Customer's client credit card numbers and private information.

18. IP Address Ownership and Usage

Host Royal assigns IP (Internet Protocol) addresses to Customers for their use. Customers have no right to use Host Royal IP addresses not assigned to them, to move IPs between different servers or accounts or in ways not permitted by Host Royal. Host Royal maintains ownership of all IP addresses that are assigned to Customers and reserves the right to change or remove them at its sole and absolute discretion. Typically, however, these changes are rare and made only at the request of ARIN or an upstream provider. PLEASE NOTE: The allocation of IP addresses is restricted by the policies of ARIN. These policies dictate that name-based hosting MUST be used whenever possible. Host Royal reserves the right to periodically review IP address usage and revoke authorization to use those IP addresses not being utilized or where name-based hosting could be used.

19. Host Royal Administrative Account and Software

For the purposes of Datacenter, Network, Server maintenance, inventory and related activities, Host Royal staff and management retain the right to administrative access to any and all dedicated, Virtual Private and shared servers on their network. To facilitate this, all Host Royal servers may include a Host Royal administrative account and/or daemon designed for these purposes. See Acceptable Use Policy (AUP) for more details.

20. Money Back Guarantee

Host Royal  provide a refund to clients who are not satisfied with the quality of the service to new customers only. To request a refund a client must submit a written request by email to the server admin within 7 days of the account being ordered. The server admin email address is provided upon sign up in your welcome email. Host Royal reserves the right to NOT give a refund. Host Royal reserve the right not to offer a refund if more then 50% of the account resources have been used in the trial period.  Any additional charges that may have been bore by Host Royal will be deducted from the refund.