Author: Webcore Staff
Last modified: Sept. 11, 2015, 8:46 a.m.
- Term and Conditions
- Fair Use
- Term & Jurisdiction
- Refunds Policy
- Subscriber Duties
- Acceptable Use of Network and System Resources
- Spam and UCE
- Prohibited Content
- Disclaimer of Warranties
- Limitation of Damages
- Law Enforcement Information
- Service Level Agreement
- Support & Services
- Invoicing and Payment
- Suspension and Cancellation
Term and Conditions
Webcore Cloud provides our service on an “as is” basis with no warranties of any kind and will not be liable for any damages arising from the use of said software. Webcore Cloud further disclaims all warranties, express and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.
Webcore Cloud grants you a non-exclusive, non-transferable, royalty-free, limited license to use the binary form of the software provided by Webcore Cloud for personal use only. Redistribution of programs owned by Webcore Cloud, unless explicitly granted, is strictly prohibited.
Webcore Cloud may send notices to you either by email or regular mail. Webcore Cloud may also provide notices of changed to the terms or other matters by displaying notices or links to notices to you generally on the services provided.
While it is not Webcore Cloud’s intent to monitor your online communications, Webcore Cloud reserves the right to edit or remove content that we become aware of and determine to be harmful and offensive to the general public. Termination or suspension of your account may result as a consequence to the violation of this rule.
The integrity of this system relies on proper use of email as a message passing media. The use of our email system, directly or indirectly as a spamming tool, or using it for any purpose other than what is intended, is prohibited.
Webcore Cloud reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice.
You are expected not to use the services provided by Webcore Cloud for any unlawful activities not otherwise covered above, including but not limited to, attempting to compromise the security of any networked account, a site or a country. Appropriate legal procedures will be pursued when Webcore Cloud becomes aware of any of these activities.
Webcore Cloud shall not be liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if Webcore Cloud or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
Term & Jurisdiction
The initial term of this agreement shall begin on the date that Webcore Cloud generates an email message to the Subscriber stating the service is now active and will continue for one month unless otherwise 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 Webcore Cloud or the Subscriber 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.
The Terms of Service and the relationship between you and Webcore Cloud shall be governed by the laws of the Republic of Ireland and the European Union, without regard to its conﬂict of law provisions. You and Webcore Cloud agree to submit to the personal and exclusive jurisdiction of the courts located in Ireland.
All requests for refunds will be considered individually. Please submit all relevant information and other documents when making your request. We will endeavour to deal with requests for refunds within 10 working days. You have the right to cancel within 7 days of your order with us, or 7 days of receipt of service (whichever is the longer). All amounts paid to Webcore Cloud for domain name purchases are non refundable.
In order to use Webcore Cloud services, you are required to provide current and factual identification, contact and other information as part of the registration process. You are responsible for the confidentiality of your account information and solely responsible for all content and Data within your account.
Acceptable Use of Network and System Resources
If your resource usage reaches the points where it has an adverse affect on other clients we reserve the right to disable your site until you can reduce your bandwidth / resource usage.
Spam and UCE
Webcore Cloud has a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Subscribers to Webcore Cloud may not use or permit others to use our network to transact in spam messages. Subscribers to Webcore Cloud 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 Webcore Cloud’s SPAM policy will result in severe penalties - Upon notification of an alleged violation of our SPAM policy, Webcore Cloud will initiate an immediate investigation (within 12-24 hours of notification). During the investigation, Webcore Cloud may restrict Subscriber access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Webcore Cloud may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Webcore Cloud reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Webcore Cloud will notify law enforcement officials if the violation is believed to be a criminal offense.
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. Subscribers who violate this policy agree that these fees will be paid on request. Please see Failure to Pay and Payments and Fees information.
Webcore Cloud reserve the right to charge up to a total of €1500 For spam related violations due to costs which may be enforced on us by data carriers or data center administration fines.
As our resellers are ultimately responsible for the actions of their clients over the Webcore Cloud network, it is advisable that resellers develop a similar, or stricter, policy for their clients. Our Subscriber are solely responsible for the use of their hosting account at all times.
Threatening, abusive, harassing, defamatory statements. Promotion of illegal activities (info on hacking, cracking etc). 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 Webcore Cloud, in its sole discretion, to be harmful to Webcore Cloud. Solicitation or sale of any harmful/illegal products or service
Webcore Cloud does not tolerate abusive, threatening or inappropriate behavior towards its staff or agents. Your account can be suspended or terminated without warning for any such behavior
Subscriber agrees to indemnify and hold harmless Webcore Cloud, Webcore Cloud’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 Subscribers services in violation of applicable law or the AUP by Subscriber or any person using Subscriber’s log on information, regardless of whether such person has been authorized to use the services by Subscriber.
Disclaimer of Warranties
Webcore Cloud does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law Webcore Cloud disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 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 Webcore Cloud 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.
Law Enforcement Information
The Webcore Cloud terms specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the company may disclose any and all the account holders information including assigned IP numbers, account history, account use, etc. to any member of An Garda Siochana (Police of Ireland) who makes a written request, without further consent or notification to the Subscriber. In addition Webcore Cloud shall have the right to terminate all service set forth in this Agreement.
Service Level Agreement
Webcore Cloud strive for the highest levels of uptime on our hosting platforms, both Windows and Linux based. We pride ourselves on providing a high quality service with the best customer service and in order to reinforce these goals, every customer with a business hosting solution includes an SLA for connectivity and power.
Webcore Cloud provides a 100% Uptime Guarantee on all Webcore Cloud Hardware and on Network availability. Specific exclusions exist where the Webcore Cloud network is working normally, but upstream issues, such as a Datacentre or Carrier failure or DDOS is impacting customer routes to the cloud. If power or network availability is less than this uptime level, Webcore Cloud will issue a credit equal to one day’s credit per hour of unavailability on receipt of an SLA request to firstname.lastname@example.org. SLAs may only be applied to accounts that are current and not past due. Network availability is defined as the connectivity between Webcore Cloud’s major core switching environment and the Internet as a whole.
SLA requests must be submitted within five working days of an incident occurring.
Exceptions SLA credits are not applicable in the event of:
Circumstances beyond Webcore Cloud's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA. Scheduled maintenance and emergency maintenance and upgrades False SLA breaches reported as a result of outages or errors of any monitoring or measurement system Failure of access or connectivity to the Webcore Cloud Network, unless such failure is caused solely by Webcore Cloud Customer's acts or omissions (or acts or omissions of others engaged or hired by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, PHP, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Webcore Cloud's terms and conditions and AUP Outages elsewhere on the Internet that hinder access to your account. Webcore Cloud is not responsible for any caching that may make your site appear inaccessible when others can still access it.
We reserve the right to amend the SLA from time to time, effective upon posting of the revised SLA to our website or by other notice to you. The SLA sets forth your sole remedies for any claim relating to this service, including any failure to meet any guarantee set forth in the SLA. Our records and data shall be the basis for all SLA calculations and determinations. The maximum amount of credit in any calendar month under the SLA shall not exceed 50% of the Monthly Fee and/or Set-up Fee which (without any credit) would have been charged for our service that month. SLA credits are non-refundable, and may only be used towards future purchases. Webcore Cloud is not responsible for any lost revenue or any other losses arising from SLA non-compliance
Support & Services
Webcore Cloud provides comprehensive 24/7/365 technical support to all subscribers via Live Chat (for basic issues) and our Ticketing System (available via Email and Dashboard). Some general guidelines and terms are:
Webcore Cloud supports fully any issue related to the Webcore Cloud virtual server physically functioning Webcore Cloud does not offer technical support for application specific issues, such as configuration, programming, web or mail server configuration or any such issue Webcore Cloud does not provide technical support to your customers or users The use of all Webcore Cloud services is at your own risk Webcore Cloud Snapshots and backups are not guaranteed in any way You agree to take full responsibility for all files and data in your account You agree to maintain an appropriate backup of files and data stored on the Webcore Clouds
Invoicing and Payment
You agree that Webcore Cloud shall be permitted to charge your credit card on a monthly, annual or other agreed upon basis in advance of providing services.
Payment is due on invoicing.
Any payments not made within 15 days of due date will be suspended without further notice.
Accounts not collected by Webcore Cloud will be turned over to an outside collection agency for collection.
Subscribers are aware that Webcore Cloud may prospectively change the specified rates and charges from time to time.
Subscriber is responsible for any additional Bank fees, interest charges, finance charges, overdraft charges or any other fees resulting from charges billed by Webcore Cloud.
Webcore Cloud provides the option to pay natively in EURO, GBP and USD to help Subscribers avoid currency ﬂuctuations and conversion exchange costs. Please open a ticket with Billing should you wish to change currency.
Up and Downgrading service within your billing cycle will result in Pro-Rata credits and charges on your account. Pro-rata credits are only possible where the Subscriber retains at least one service and are not refundable in the event of service or account cancellation.
Suspension and Cancellation
Webcore Cloud reserve the right to suspend network access to any Subscriber if, in the sole judgement of Webcore Cloud, the Subscribers server is the source or target of a violation of any of the other terms of service or for any other reason which Webcore Cloud chooses. Webcore Cloud will use all reasonable care in notifying the Subscriber and in resolving the issue in a method ensuring the minimum service interference.
Continued and repeated violations of the terms of service will result in termination without refund. Prior notification is not assured.
Subscribers may cancel service at any time using the ‘Cancel’ links in your Dashboardor by email to email@example.com from an authorised contact. Accounts are cancelled upon confirmation with you by Ticket. Cancellation of a service does not relieve Subscriber of responsibility for the payment of all accrued charges. Accounts can not be confirmed Cancelled until all due invoices have been settled. Non confirmation of the cancelation may result in charges continuing to be levied.