General Information

This Terms of Service Agreement (this “Agreement”) is entered into by and between VimlyHost and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:

Indemnification Policy

You agree to use all VimlyHost services and facilities at your own risk. VimlyHost specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall VimlyHost be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

Customer agrees that it shall defend, indemnify, save and hold VimlyHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against VimlyHost, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless VimlyHost against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with the Service.

Unless required by applicable law, our services are provided on “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

The service reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers.

Delivery of Services

Free hosting accounts

We manually review all registrations for our free hosting services, therefore activation will not be instantaneous. We aim to review all registrations the same day they are made, if you are successful, you will be sent an email with your account details. If you are unsuccessful, your account will be marked as canceled, we will typically not email you in this instance.

In some cases, we will require further information to review your application, in these cases we will create a support ticket in your account and also email you requesting any additional information we require.

If you do not respond to this ticket within 24 hours, we will assume you are no longer interested in continuing with your account registration and begin the process of closing your account.

Paid hosting accounts

While we maintain the highest standards and try for near-instant account activations this is not always possible. At times additional fraud checks or information may be needed, and you must provide said information in a timely manner. We make no guarantees regarding the speed at which an order is completed. Accounts will only enter the setup queue once we have received payment (where applicable; and screened the order for fraud. Accounts are then set up in the order they are paid, received, and screened. In certain cases, it may be necessary to provide government-issued identification and a scan of the credit card used. If you fail to meet any requirements, we reserve the right to cancel your order without notice.

Furthermore, we reserve the right at our sole discretion to refuse or cancel any service for any reason. Violating any of our terms of service could result in an account suspension or termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.

General Terms and Policies

These Terms of Service and Acceptable Use Policies (“Terms and Policies”) are an essential part of your relationship with ourselves and by using your hosting account, you agree to all of the Terms and Policies set out in this document.

Any violation of either, these Terms and Policies or the other rules, regulations or policies may serve as cause for us to suspend or terminate your account. You agree that we have the right, with or without notice, to suspend or terminate your account upon the first or subsequent violation of our terms of service.

Any attempt to circumvent a suspension or termination will result in your access to our services being permanently withdrawn, with immediate effect. We reserve the right to report violations of our terms of service to Fraud Record and other similar services as well as law enforcement for severe offenses.

In other words, If you use your service in any of the following ways, we reserve the right to suspend or terminate your account, with or without notice. If you try to avoid a suspension or termination, your account will be disabled.

The client/customer and company/provider irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

Grounds for Suspension and Termination

  • Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
  • Using an excessive amount of system resources. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Hosting fundraising / other charitable websites which allow for payments, without a valid charitable purpose or evidence of charity registration or tax exemption / giftaid eligibility.
  • Hosting websites containing .exe, .rar, .zip, .apk, .ipa, .dmg, .cmd, .com, .bat, .osx, .msi or .app files;
  • Hosting websites which contain emulators or ROM’s
  • Hosting websites which contain currency minors.
  • Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of $70 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
  • Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
  • Using your account as a backup service. All files must be part of your website and must be linked to from your account.
  • Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
  • Uploading, linking to or storing warez, cracks or other pirated/illegal software.
  • Using your account for fraudulent purposes, including, but not limited to, hosting phishing pages or credit card generator systems.
  • Assisting in distributing copyrighted material.
  • Excessively using the Service in such a way as to limit the bandwidth available to others.
  • Providing fake or incomplete contact details, including name, postal address and telephone number.
  • Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
  • Attempting to circumvent a suspension or termination.
  • Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
  • Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
  • Attempting to cancel, supersede, or otherwise interfere with email other than your own.
  • Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
  • Harassing our company or staff, in any way, including, but not limited to, using Foul & Abusive language in any medium.
  • Misusing support services, in any way, including, but not limited to creating duplicate tickets, refusing to cooperate with staff, ignoring advice and guidance, expecting instant support. 
  • Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effectively impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
  • Furnishing false data on your sign-up form, contract, or online application, including providing incorrect contact information.
  • Violating any English Laws (laws that apply to the jurisdiction of England), will result in immediate termination of your account, and the closure of your account. In such cases, we reserve the right to share your personal information for the assistance of law enforcement personnel.

Additional free hosting terms

We may suspend or terminate your free hosting account for any of the aforementioned reasons, or any of the reasons listed below:

  • Using our services for commercial gain, any clients with an active commercial usage addon are exempt from this clause.
  • Your account has been active for more than 30 days and there is no publicly accessible website on your main domain.
  • You have not logged into your clients area account in the last 30 days.

Disk Space Usage Policy

We reserve the right to withdraw support and suspend or terminate the service where hosting accounts are:

  • Reselling Disk Space or any other account resources without a reseller package.
  • Using 10% or more of their total disk space usage for bulk media storage (public or private).
  • Storing backup files (including snapshots) for more than 24 hours.
  • Utilising disk space for any purpose other than the hosting of websites.

If you believe your website may be susceptible to high or otherwise abnormal usage you must contact us to discuss the suitability of your hosting environment.

If during our routine audits, our team determines your account is using considerably more resources than expected, we reserve the right to migrate you to our blocky storage location. If this occurs, your renewal price will be adjusted accordingly.

Storage Allocation

We allocate the full storage allocation on all new accounts upon creation. Usage of this disk space is subject to the acceptable use policy above.

Adult Content

Legal adult content as defined by UK law is only allowed on our paid web hosting accounts, subject to agreement with our management team.

Suspension & Termination Policy

We will determine, in our discretion, whether there has been a breach of our terms of service or acceptable use policy through your use of our site or services. When a breach of this policy has occurred, we will take appropriate action, which can include any of the following:

  • Immediate, temporary or permanent withdrawal of your right to use our site and services.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site and services. Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Please note that it is your responsibility to keep your contact details up to date and to frequently check your emails. Accounts suspended or terminated will not be entitled to any refund or compensation whatsoever and are exempt from our 14 day refund guarantee.

Quality Of Service Statement

Security

You agree not to access or attempt to access private areas of the Service. You agree to notify us as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security of your services.

PCI Compliance

Our services are not designed for usage by companies that carry out services that require PCI Compliance. Therefore, we do not have our servers audited for compliance. If you use our services for processing of financial information despite this warning, do be aware that we will not accept any liability for damages caused by your misuse of our services.

Third Party Software

We offer all customers access to Softaculous script installer, a service provided by Electron Technologies FZC. This allows customers to install over 400 scripts, including software such as WordPress, MyBB, PrestaCart & Joomla.

Please note whilst you are able to install scripts such as Video Streaming & File Managers, you must not do this as they are in violation of our terms of service. We do not remove these scripts, as it would require proactive monitoring when the software suite is updated to remove any offending scripts. However, we do reserve the right to restrict access to any scripts.

Support for Third Party Software

We do not offer any support for these scripts as they are developed by third party entities, which are not associated with our company and our team are not specialists in third party software support. Therefore, you must contact the author of the script you are using if you experience any issues, as they are best suited to resolving these issues.

If the script is not working due to an issue with your hosting environment, we can investigate this, but only if we are given details of the specific issue.

Intellectual Property

We do not currently undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent through our abuse form.

Continuing a specific identification of the allegedly infringing material and the location(s) on our facilities where the materials are to be found. Upon receipt of such written notice, we will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If we receive a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, we will send you a copy of that notification. Unless you notify us of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or otherwise made accessible again.

Limited Liability

You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by ourselves, neither ourselves nor any of our affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Ourselves neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that we are not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on our equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless our company and employees, and other customers and subscribers from and against any claims losses, could , liability, damages or expenses arising out of your postings.

Backups

You understand that you will remain solely responsible for taking backups of your account. We do not guarantee that any self-generated backups will be error free, and customers are responsible for making sure their backups contain all the files they require. VimlyHost and it’s partners will not and can not be held liable, if the failure of a backup causes you direct, or indirect financial losses.

Early Termination

We reserve the right to terminate any accounts during their period for any reason, including but not limited to retaining financial viability, server stability or overall integrity of the service. In the event of a no fault service termination, we will provide a minimum of 30 days notice (on annual accounts) & 7 days notice (on monthly accounts) and refund the value of all remaining service.

In the event a customer chooses to terminate their account early, they will not be entitled to a refund for the remaining period of service, unless specified elsewhere in this agreement.

Accounts canceled as a result of terms of service violations are not entitled to the notice period or any form of service refund.

The account owner is responsible for obtaining backups of their account during their notice period and canceling any automated subscriptions.

Content Ownership

You will retain the ownership rights of any content transmitted through our service if you originally produced it. You are responsible for making sure you have the rights to use any and all copyrighted material present on your website.

Support Services

We are open 7 days a week excluding the following annual holidays: Christmas Day, Boxing Day & New Years Day, unless indicated otherwise. Our core service hours are 8AM – 6PM EST, outside of these hours support will be provided on a best effort basis.

For free web hosting customers, we aim to respond to all tickets on the same day they are raised.

For paid web hosting customers, we aim to respond to all customer service tickets within 1 hour during our core service hours.

Our service providers and partners routinely monitor tickets outside of our core service hours and will take action on any requiring urgent attention. Where possible they will let you know they are working on the issue brought to our attention, however in some cases they can not provide an immediate response. In these cases, we will provide an update  during our core support hours.

If it is determined you are requiring a disproportionate amount of support compared to what a reasonable person would expect on the package you are using, we may need to review the suitability of our services. In some circumstances we may have to make the decision to close your account, however this will always be a last resort.

Telephone Support

We provide telephone support with selected paid web hosting packages.

This service is currently only available to customers based in the United Kingdom and operates on a best-effort basis between the hours of 11AM and 8PM (GMT) Monday through Sunday.

If we aren’t available when you call, you will be redirected to our voicemail service; all voicemails will be responded to by email or through a call back within 24 hours.

We reserve the right to terminate your access to telephone support if, at our sole discretion, it is determined you are using the service in an excessive or otherwise unreasonable manner.

Uptime Guarantee

We endeavor to provide 100% service availability. However, this is not always possible, therefore our uptime guarantee is 99.9% as measured by our independent monitors.

If we fail to meet this guarantee, we will provide a service credit at our discretion up to, but not exceeding the value of 1 month’s service.

Please note we will not be able to provide credit for issues outside our controls, including but not limited to the following: natural events, acts of government, flood, fire, earthquake, civil unrest, acts of terror, strikes or labor problems, computer, internet, or telecommunications failures, delays or network intrusions, or denial of service and any other degradations of the Service caused by third parties.

Claims against our uptime guarantee must be submitted in writing to the billing team for review of the circumstances surrounding the downtime. Please be aware our uptime guarantee does not apply to free hosting customers.

Telecommunications

You agree that, should you use the Service to send or receive voice communications, we do not act as a telecommunications carrier or telephone , that there is no representation made by us under any circumstances as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that we have no liability of any sort for the failure or lack of quality of such use of our services.

Resource Usage

Users may not use our resources for any of the following activities. Participating in any of these activities constitutes resource abuse and will result in temporary or permanent suspension of any accounts involved.

  • Running any type of interactive real-time chat applications that require large amounts of server resources. Remotely powered chat applications are however fully permitted for usage on our servers.
  • Running stand-alone, unattended server-side processes at any time on our servers.
  • Running any software that interfaces with an IRC (Internet Relay Chat) network.
  • Running any bit torrent application, tracker or client.
  • Run any gaming servers such as counter-strike, half-life or battlefield1492.

Content

You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. We have no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access to any material you may find objectionable where applicable.

Billing

Establishment of this service is dependent upon receipt of payment of all stated charges. Subsequent payments are due on a recurring date that coincides with the date of signup (monthly or yearly terms).

Service may be interrupted on accounts that fall overdue (such as a credit card being declined or expired). We may, at our sole discretion, charge an administration fee (not to exceed $10.00) to reinstate a suspended account.

Renewal Prices

We use all reasonable endeavors to keep your renewal price unchanged. However, we reserve the right to alter our prices or introduce additional charges at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent via email to the email address that we hold for you in our account.

If you have already purchased a service, then the price alteration will only become effective when the service reaches the end of its current term. Automated renewals at the incorrect rate are void, unless indicated otherwise by management.

Late Payments

When payment is declined from your chosen payment method we will send an email notification and retry payment the following day, this will occur 3 times over a 3-5 day period. After this period if we have not received payment or had notice from you that the due payment is in hand, your account will be subject to suspension or termination.

Domain Names

We provide domain name registration services through a partnership with a number of ICANN accredited services. All registrants should make themselves familiar with the ‘ICANN Registrant Rights and Responsibilities‘ prior to utilising our services for the purposes of registering a domain.

Basic Requirements

When registering a domain, you must provide completely truthful and accurate information including, but not limited to your name, address, email & phone number.

You must also follow the ICANN regulations and any additional stipulations provided by specific TLD managers. If you would like further information about these, please contact us.

Domain Registration

Subject to providing verifiable registrant details and making a clear payment at the time of purchase, we will aim to register and activate your chosen domain within 5 minutes.

Whois Privacy

Whois Privacy prevents your personal contact details from showing in the public ‘whois’ domain database.

We will automatically apply whois privacy free of charge on all eligible domain registrations, if you do not wish to use whois privacy please contact our billing team who will assist with disabling the service.

Please be aware a number of whois databases will not show your contact details, even if you opt for them to be shown. Unfortunately, this is not something we can control.

Domain Transfers (Inbound)

A domain name transfer begins once you have placed a transfer order with us, provided your ‘auth key’ and made payment for the domain name.

Unless you have an outstanding balance at the ‘losing’ domain register (the one you are leaving) your domain should become available in your VimlyHost account within 5 working days.

A number of domain registrars offer an option to manually approve a transfer which can lower the time to just a few hours. If you would like information on whether your registrar offers this, you may check with their support time, or email us and we can inform you to the best of our knowledge.

Our system will automatically check the status of your domain transfer at least once every 2 hours.

Once your domain has been successfully transferred, your domain renewal date will be automatically extended by 1 year.

If you need any assistance obtaining your Auth Code, you may contact us or the registrar you are leaving for guidance.

UK Domain Transfers

‘UK Domains’ collectively .co.uk, .uk, .org.uk & .me.uk are managed by ‘Nominet’ and follow a different transfer process.

UK Domains are free to transfer, and do not include a 1 year renewal as standard. To transfer a UK Domain, please use the ‘transfer’ option within the billing dashboard, enter the domain you wish to transfer, and follow the checkout process.

Once you have placed your order, please refer to our knowledge base for our Nominet Tag and write it down.

You should now login to the control panel with the company that you registered your UK Domain with and look for an option called ‘Transfer Domain’ or similar.

When selecting this option you should be offered the option to enter the ‘tag’ of your new domain name registrar – you should enter the Nominet tag you wrote down earlier and click submit.

If successful, your domain should be with us within 24 hours, we will email you once the process is completed.

If you are struggling with the process, please contact your current registrar for guidance. If your current registrar is unable to help you, you may contact us and we will do our best to guide you.

Domain Transfers (Outbound)

If at any point you decide you no longer wish to register your domain with us, you are entitled to transfer it to another provider.  You will not be charged for this service.

To transfer a domain name, you should obtain the ‘Auth Code’ from within the domain management dashboard, and then follow the process provided by your new registrar to transfer the domain. Your domain will be transferred within 5 days.

If you would like to expedite a domain transfer or transfer a UK Domain, please contact our support team.

Domain Renewal

An invoice to renew your domain will be generated 60 days prior to its current expiration date. If you have a recurring PayPal subscription, you may ignore this invoice.

Otherwise, please make sure you pay the balance in full prior to the date of your domain expiring.

Domain Expiry

We aim to send you 2 reminders prior to your domain expiring & 3 reminders following your domain expiring on the following schedule:

  • Reminder 1: 30 Days Prior to Expiry
  • Reminder 2: 7 Days Prior to Expiry
  • Reminder 3: 5 Days After Expiry
  • Reminder 4: 15 Days After Expiry
  • Reminder 5: 30 Days After Expiry

These are in addition to our standard invoice payment reminders.

5 Days After Expiry

If your domain is not renewed within 5 days of expiry, ourselves and our domain registration providers reserve the right to auction your domain without prior notice.

You may still renew your domain during this time, however a grace period renewal charge may be applicable as detailed below.

31 Days After Expiry

If your domain has been sent to auction and has any bids, the highest bidder will receive your domain. It will no longer be possible to recover it after this point.

Otherwise, your domain will enter a redemption period for approximately 30 days. The only way to recover the domain will be through the payment of a significant redemption fee and 1 year renewal.

Any services connected to your domain, such as a website or email service will cease functioning.

60 Days After Expiry

At this point your domain will be flagged as ‘pending deletion’. It will no longer be possible for you to reclaim the domain. This status will last for approximately 5 days.

After your domain has completed the pending delete process, it will be available for anyone to register immediately.

If it’s a particularly valuable domain, you may not be able to re-register it as some investors will monitor the availability of a domain and use an automated program to register it once it has expired.

Therefore, it is crucial you renew your domain before it reaches pending delete.

Redemption Period

If you fail to renew your domain within 31 days of expiry, the registrar reserves the right to place it into the redemption period. If this occurs, they will charge a redemption fee, which is generally at least $50 and will be passed onto yourself in addition to the renewal fee if you wish to keep the domain.

Your Contact Information

It is very important you keep your email address and telephone numbers on file with us current. Failure to keep us updated with accurate contact information may mean important communications don’t reach you, resulting in suspension or termination of your hosting account.

Billing Currency

Clients can choose to be billed in GBP, USD, CAD or INR. If you do not select a currency, you will be billed in USD.

Cancellation Procedure

Customers may at any point decide to cancel their services with or without any prior notice or reason. We require all customers to follow our official cancellation procedure, which requires customers to visit our cancellation form located within our website and fill in the appropriate information, along with proof of ownership of the account you are attempting to close.

Please be aware Services will be terminated within 24 hours of your cancellation request and accounts can not be restored after this period has passed. It is the account holders responsibility to obtain any data they require before requesting cancellation.

It is your responsibility to cancel any recurring payments through PayPal or Direct Debit.

Refunds & Payment Disputes

14 Day Money Back guarantee is available for one single order of Shared Web Hosting. The cost of any complementary addons included in your package, such as a free domain name, will be deducted from the refund amount. Refunds are made to your original payment method. Unless advised otherwise by our billing team, we do not offer prorated refunds.

Payment disputes including chargeback are subject to a minimum $50 Administration Fee in addition to fees charged to us by the payment processor. Additionally, your account will be subject to immediate termination.

Amendments

These Terms and Policies may be amended in any respect at any time by us, upon the posting of the amended Terms and Policies on the terms of use section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of your services with us through our cancellation form.

These terms of service were last modified September 28th, 2024.