Last Updated: 16/08/2009
Terms of service
By submitting the online order form, or by using Studyhost’s service, Customer
hereby agrees to Studyhost’s Terms of Service (TOS), Acceptable Use Policy
the usage of “us”, “we”, “our”, and “ours”
shall refer to Studyhost, all its parents, subsidiaries, successors, and assigns.
The usage of “you”, “your”, “they”, and
“them” shall refer to the Customer of Studyhost.
shall refer to Studyhost all its parents, subsidiaries, successors, and assigns;
unless otherwise specified.
Customer agrees that it shall comply with this TOS, Studyhost’s Acceptable
Use Policy (AUP). Customer further agrees that it has read Studyhost’s Privacy
this document, the word “Agreement,” with a capital “A,”
1. General Terms.
In consideration of hosting services to be delivered, Customer agrees to
be bound by the following terms and conditions:
- 1.1. Customer agrees to pay, in advance of each monthly service term,
for hosting services to be rendered.
- 1.2. Customer agrees to be bound by the service term selected on the online
order form or via applicable promotional codes that may require Customer
to order Studyhost’s service for a certain minimum period of time.
- 1.3. Customer agrees to a no-refund policy in advance. Setup fees and
monthly web hosting service fees are non-refundable.
- 1.4. Non-Payment of services shall result in a 5-day notice of disconnection.
All payment failures must be cured within 5 business days from invoice due
date or account will be suspended. Account termination will result from
invoices overdue for 30 days.
- 1.5. Studyhost is not and shall not responsible for data integrity for
any accounts that are terminated, disconnected, or interrupted because of
Customer’s failure to pay for Studyhost’s services.
- 1.6. Studyhost may temporarily deny service or terminate this Agreement upon failure
of Customer to pay charges when due. Such termination or denial will not relieve
Customer of responsibility for the payment of all accrued service fees, and
any collection fees to which Studyhost may be entitled under this Agreement
or under applicable law.
- 1.7. Customers agree to pay all taxes applicable to your account.
- 1.8. Studyhost reserves the right to refuse or discontinue service to anyone at our sole discretion.
- 1.9. Any failure by Studyhost to enforce this Agreement in every instance in which
it might apply does not amount to a waiver of any of Studyhost’s rights.
- 1.10. In the event that any portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intentions of the parties
hereto, and the remainder of the provisions shall remain in full force and
- 1.11. Any cause of action you may have with respect to Studyhost’s performance
or alleged non-performance of this Agreement must be commenced within one
(1) year after the claim or cause of action arises or such claim or cause
of action is forever barred.
2. Agreement for Services.
- 2.1. Studyhost will provide, and Customer will purchase and pay for, the
Web hosting services (the “Services”), according to the service
fees specified in the Order for the applicable Service Description. Customer
acknowledges that the service, and service fees have been communicated to
the Customer, and that Customer is aware of all applicable charges as per
the Agreement. Customer also understands that no promotional offers will
apply to their individual service unless said promotional offers are specified
in this Agreement.
3. Payment and Currency.
- 3.1. Establishment and provision of service is contingent upon receipt
of payment from Customer to Studyhost.
- 3.1.1. Customer must pay in full for the Services before Studyhost begins
to provide the Services to Customer. Invoices are generated 5 days before
renewal and customer agree that if paying by credit card, recurring billing
will be billed and charged automatically on the date the invoice is generated
and that Studyhost may apply the amount due at any time to the credit card
listed on file.
- 3.1.2. Setup fees will be charged and are due at the time of the Customer’s
initial request of the Services requiring setup.
- 3.2. Payment is due on the defined monthly recurring billing date of each
month. All returned checks will be charged a £20.00 service fee. Service
will be interrupted on accounts that reach 5 days past due. Accounts that
are not collectable by Studyhost will be turned over to an outside agency
for collection. If your account is turned over for collection, you agree
to pay to Studyhost a “Processing and Collection” Fee of not
less than Fifty (£50.00) pounds nor more than One Hundred Fifty (£150.00)
- 3.3. All monetary amounts to which this Agreement refers shall be in British Pounds
4. Account Cancellation.
Customers may voluntarily cancel their account at any time, for any reason
or for no reason, by emailing “email@example.com”.
Once a Customer has cancelled their account before the renewal date, no more
charges will be billed to the account. Cancellations on or after renewal will
be charged renewal fees.
Paypal paying customers cancelling their paypal subscription payment does
not warrant cancellation of service. All cancellations must go through sales
department. Customer can terminate their account for any reason or for no
reason. However, Customer understands and agrees that Studyhost does not provide
pro-rated or any other kinds of refunds on cancellations. All fees Customer
has paid shall be nonrefundable.
5. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6,
ALL PAYMENTS TO STUDYHOST ARE NONREFUNDABLE.
All payments to Studyhost. are nonrefundable. This includes any setup fees
and monthly fees regardless of usage. All billing disputes must be reported
within thirty (30) days of the time the dispute occurred. Disputed charges
to your credit card issuer, also known as chargebacks, which, in Studyhost’s
sole discretion, are invalid under the terms and conditions of this Agreement,
will result in service interruption, and reconnection fees to restore the
Without waiving any of its other rights under this Agreement, Studyhost offers
to its Customers a 30-day money-back guarantee on fees for hosting services
only (the “30-Day Guarantee”). If for any reason you cancel your
account by filling in the account cancellation form and submitting it to Studyhost,
within thirty (30) days of the beginning of your service, Studyhost will refund
your money with no questions asked; provided, however, that you have never
previously obtained a refund under the 30-Day Guarantee. If you have ever
previously obtained a refund under the 30-Day Guarantee, your account will
be canceled, but no money will be refunded to you.
Please note that the amount refunded to you will be the amount you paid for
hosting services only, and will not include any of the following fees:
- Setup fees
- Fees for domain name registrations
- Fees charged for exceeding your allotted disk storage space or bandwidth
- SSL certificate fees
- Web design fees
- Web site marketing fees
- Any add-on services, features, software, and any other fees for services
involving a third party.
The 30-Day Guarantee is subject to all of the following limitations:
- You are entitled to a maximum of one (1) 30-Day Guarantee.
- If you do not cancel your account within thirty (30) days of the beginning
of your service, your right to the 30-Day Guarantee shall expire forever
and may not be revived under any circumstances, without the prior express
written approval of Studyhost.
- You may not transfer or assign the 30-Day Guarantee to any third party.
- You agree that you will not circumvent the restrictions on the 30-Day
Guarantee described in this document, or attempt to circumvent those restrictions
by any means, including, but not limited to, the following actions:
- Creating multiple accounts, using the same customer name or different
- Canceling your account for the sole purpose of obtaining a refund
and then registering for a new account
- Organizing multiple business entities or using assumed business names
for the purpose of circumventing these restrictions
- Knowingly providing false or misleading information when you register
for your account
- Requesting a refund under the 30-Day Guarantee at any time after you
have already received a refund under that guarantee.
- If you violate any provision of any of the following policies of Studyhost,
you will not be eligible for the 30-Day Guarantee:
- Terms of Service (TOS)
- Acceptable Use Policy (AUP)
- No-Spam Policy (NSP).
Changes to your service, including, but not limited to, adding new services,
removing services, or changing the type of hosting plan you have do NOT make
you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies
to your first order of Web hosting services from Studyhost and does not apply
to any changes to your service at any time.
6. Service Discontinuation.
Studyhost reserves the right to discontinue service to any Customer it deems,
in its sole discretion, violates any condition of service including, but not
limited to, the following:
Customer agrees not to engage in any activity that violates any international,
foreign or local laws applicable to the service terms described in this Agreement.
- 6.1. the Acceptable Use Policy, or
- 6.2. the No-Spam Policy.
- 7.1. In order to allow us to provide the best service to you, Studyhost
accounts are backed up daily excluding budget reseller accounts which are
backed up weekly. However, these backups are intended for Studyhost’s administrative
purposes only. As part of its commitment to first-rate customer service,
Studyhost always seeks to create complete and accurate backups of customer
- 7.2. Even the best and most complete and redundant backup systems can
and do fail for a variety of reasons, despite the best efforts of the Web
hosting service. THEREFORE, Studyhost DOES NOT GUARANTEE THE AVAILABILITY,
COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN.
Consequently, you must not rely upon the availability, completeness, currency,
or integrity of these backups.
- 7.3. Customers are responsible for maintaining their own backups on their
own personal computers or other computers.
- 7.4. Studyhost does not provide any sort of compensation for lost, inaccurate,
incomplete, or outdated data in the event that Studyhost’s backups do not
function properly, regardless of the reason(s) for any such malfunction,
even if the malfunction was due to the fault or negligence of Studyhost
or any of its employees or agents, and regardless of whether Studyhost had
been informed of the possibility of such malfunction, or any fault or negligence
that might cause it.
- 7.5. In the event that you need to recover data from a backup, Studyhost
will use reasonable efforts to restore data to your account from the appropriate
backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT
YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE
BACKUPS. AGAIN, Studyhost DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS,
CURRENCY, OR INTEGRITY OF ITS BACKUPS.
- 7.6. Any account exceeding 50,000 inodes will be excluded from our backups.
- 7.7. You understand and agree that Studyhost’s backup policy does not
create any warranties for whose breach Studyhost can be held liable.
- 8.1. STUDYHOST SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES
FOR ANY INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE
OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS
OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF STUDYHOST’s SERVICES BY
CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY
OF LIABILITY, OR
- 8.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES,
MISDELIVERIES OR SERVICE INTERRUPTIONS.
- 8.3. STUDYHOST PROVIDES THE SERVICES AND PRODUCTS AS IS,
WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. STUDYHOST DISCLAIMS
ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS
ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL
BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES
AND STUDYHOST SHALL HAVE NO LIABILITY THEREFOR.
- 8.4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STUDYHOST DISCLAIMS,
ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED,
WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE,
THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT
OF ANY THIRD-PARTY RIGHTS.
- 8.5. STUDYHOST DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS,
ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED
THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
- 8.6. Customer agrees to defend, indemnify, and hold harmless Studyhost, and the
parents, subsidiaries, successors, assigns, employees and agents of Studyhost
against any losses, claims, damages, liabilities, penalties, actions, proceedings
or judgments (collectively, “Losses”) to which an indemnified
party may become subject and which Losses arise out of, or relate to this
Agreement or Customer’s use of the Services, and to reimburse an indemnified
party for all legal and other expenses, including reasonable attorneys’
fees incurred by such indemnified party in connection with investigating,
defending, or settling any Loss whether or not in connection with pending
or threatened litigation in which such indemnified party is a party.
- 8.7. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY
BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE
WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION,
AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY
COURT OF COMPETENT JURISDICTION.
- 9.1. From Studyhost to Customer.
Studyhost will notify you by e-mail of any notices that Studyhost is
required to provide to you under this Agreement, at the most current e-mail
address you have provided to Studyhost.
By entering this Agreement, you consent to receive notices by e-mail.
You are solely responsible for ensuring that Studyhost has your most current
e-mail address, and Studyhost shall not be responsible for any lost, misdirected,
bounced, forwarded, or undeliverable e-mail that Studyhost sends to the
most current e-mail address you have provided to Studyhost.
10. Governing Law.
10.1. This Agreement shall be governed by and construed in accordance with the
laws of the US and the UK, without regard to choice of law or conflicts of
law provisions that would cause the application of the law of another jurisdiction.
10.2. Jurisdiction and venue for arbitration or litigation of any dispute, controversy,
or claim arising out of, in connection with, or in relation to this Agreement,
or the breach thereof shall be proper only in a venue determined Studyhost.
10.3. For all purposes, this Agreement shall be deemed to have been made within
the United States of America and the United Kingdom. This Agreement shall be governed
by the laws of the United States of America and the laws of the United Kingdom.
11. Entire Agreement.
This Agreement, including all of its component parts, comprises the entire
agreement between you (the Customer) and Studyhost, and supersedes any prior
or previous agreements between you and Studyhost with respect to the subject
matter of this Agreement; provided, however, that you agree that you shall
be subject to any additional terms and conditions of which Studyhost notifies
you from time to time, pursuant to this Agreement.
12. Force Majeure.
Studyhost shall not be liable or deemed to be in default for any delay or
failure in performance under this Agreement or interruption of service resulting
directly or indirectly from acts of God, civil or military authority, acts
of public enemy, war, terrorism, riots, civil disturbances, insurrections,
accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor
disputes, shortages of suitable parts, materials, labor or transportation,
magnetic interference, interruptions of electrical power or other utility
service, unavailability of any telecommunications or wireless service or connection
to any telecommunications or wireless service, or any cause beyond the reasonable
control of Studyhost.
13. Abuse of Studyhost Staff or Support Personnel.
- 13.1. At Studyhost, we take pride in providing excellent service to all
of our customers. It is our policy always to treat our customers with the
highest level of respect and courtesy. In return, we expect the same respect
and courtesy from you.
- 13.2. If our staff feels that you are consistently engaging in abusive
content toward them, or addressing them in a demeaning or rude manner, your
account(s) may be suspended and you may be asked to take your business elsewhere.
In the event that we terminate service for abusive conduct, customers will
be given five (5) days’ notice. We will issue a refund only for the
unused portion of pre-paid service.
- 13.3. Abusive conduct includes, but is not limited to, the following behaviors:
- Repeatedly addressing members of our staff in a demeaning or rude
- Using profanity in any oral or written communications with our staff,
by any medium of communication, including but not limited to e-mail,
instant messages, chat, text messaging, fax, postal mail, telephone,
voice over Internet Protocol (VoIP), or in-person communication;
- Yelling or shouting at our staff;
- Deliberately using all capital (uppercase) letters in any written
communication to our staff;
- Insulting our staff because of their personal characteristics, or
on the basis of their race, ethnicity, national origin, sex, sexual
orientation, religion, or housing or economic status; or
- Deliberately providing false information to our staff for the purpose
of harassing them or wasting their time.
14. Additional Terms and Conditions for Reselling Our Services.
Many of OUR customers wish to resell OUR services to third parties who become their customers. The additional terms and conditions in this section apply to the resale of OUR services. YOUR account with Studyhost allows YOU to resell OUR services, subject to all the terms and conditions of YOUR agreement with US. However, please note that YOU do not have to resell OUR services. As long as YOU comply with all the terms and conditions of YOUR agreement with US, YOU may simply use OUR services for YOUR own Web sites and for any lawful purpose.
No Free Services to Be Offered.
YOU may not use YOUR account or OUR services to offer any of the following kinds of FREE services but are not limited to:
- Free Web hosting services;
- Free e-mail services;
- Free blogging services;
- Free home pages;
- Free image hosting;
- Free trial accounts.
There are several reasons for these prohibitions on free services. The reasons include, but are not necessarily limited to, the following:
First, free services generally do not require any reliable means of identifying the person who registers for them. As such, it can be practically impossible to track down persons who abuse the free services.
Second, OUR customers, including OUR resellers, are all paying for prompt, reliable service and WE have built a solid reputation for delivering excellent service to them. WE cannot risk having unidentified persons damage OUR reputation.
Third, users of free services are notorious for registering for free accounts and immediately spamming or otherwise consuming very large amounts of system resources and bandwidth before their accounts are shut down. Such abusers often register for successive or multiple accounts and cause many problems for the servers and network.
Fourth, spammers, operators of phishing and pharming scams, distributors of spyware, viruses, Trojan horses, worms, and other malware, operators of illegal Warez sites, operators of illegal or unauthorized file-swapping or archive sites, and hackers frequently abuse free online services. Allowing free services would expose OUR servers to severe abuse and could harm US, all of OUR customers, and all the customers of OUR resellers.
Fifth, free services lead to various forms of abuses that may violate criminal laws or even foster terrorist activities. Because such abuses violate applicable laws as well as OUR policies, WE must prohibit them.
If YOU violate this prohibition on free services, WE may suspend or terminate YOUR account immediately, with or without notice, as WE in our sole discretion deem necessary to address the situation.
As part of YOUR agreement with YOUR customers, YOU must require them to comply with all applicable laws and all of OUR policies. If YOU fail to do so, WE may suspend or terminate both the accounts of YOUR customers and YOUR account, as necessary to protect the security, safety, reliability, integrity, and performance of OUR servers, data, and network.
Unless YOU have purchased an account with US whereby WE have explicitly agreed in writing to provide technical support to YOUR customers, YOU are solely responsible for providing all technical support for YOUR customers, and YOU agree that YOU will not direct YOUR customers to contact US for technical support.
Regardless of the type of account YOU have purchased from US, YOU are solely responsible for providing YOUR customers with all billing, customer service, sales, and general information support. If YOU offer training to YOUR customers, YOU are solely responsible for providing the training to them. YOU agree that YOU will not direct YOUR customers to contact US for any billing, customer service, sales, or general information support, or for any training.
If any of YOUR customers causes harm to US or to any of OUR customers or the customers of any of OUR resellers, then YOU agree to be liable for that harm and all damages arising from that harm.
WE shall not be liable for any mistakes, errors, downtime, or other damages caused by YOU or any of YOUR customers.
YOU are solely responsible for terminating or deleting any of the accounts for YOUR customers, and for restoring those accounts when appropriate.
WE shall not be responsible for restoring any of the accounts or data of any of YOUR customers that YOU delete by mistake.
When WE can do so without unreasonable effort or expense, WE usually restore accounts for OUR reseller customers free of charge at their request. However, YOU understand and agree that WE may not always be able to restore accounts for YOU or YOUR customers and that WE do not guarantee that we will restore any or all of YOUR customers’ accounts.
If YOU breach or default on any of YOUR obligations to US under YOUR Agreement with US or any policy contained in that Agreement, YOU understand and agree that such a breach or default may result in the suspension or termination of YOUR account and hosting privileges with US. YOU further understand and agree that the loss of YOUR account and hosting privileges may create negative business, economic, or legal consequences (collectively the “Consequences of Breach or Default”) between YOU and YOUR customers.
YOU hereby agree to assume all responsibility for the Consequences of Breach or Default.
YOU hereby further agree to defend, indemnify, and hold hStudyhost, and the parents, subsidiaries, successors, assigns, employees and agents of Studyhost against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) that are or arise out of the Consequences of Breach or Default, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
YOU must conduct YOUR business with high levels of integrity and fair dealing. YOU should maintain a reputation for fair dealing and customer service at the highest levels.