Web Hosting Services

1. Definitions

In these Terms and Conditions:

• "Service Provider", "I", "me", "my" refers to Alan Tiller, a sole trader operating from the Isle of Wight, United Kingdom.
• "Client", "you", "your" refers to the person or entity purchasing web hosting services.
• "Services" refers to the web hosting services provided via CloudPanel or similar server management platforms.
• "Agreement" refers to these Terms and Conditions together with any service order or invoice.

2. Service Description

I provide web hosting services using CloudPanel server management software on virtual private servers (VPS) or dedicated servers. The hosting environment is managed through CloudPanel and may include features such as website deployment, database management, email services, and SSL certificates where applicable.

3. No Guaranteed Uptime

You acknowledge and agree that:

• The hosting services may be subject to interruptions, delays, or outages from time to time.
• I do not provide a Service Level Agreement (SLA) guaranteeing any minimum uptime percentage.
• Downtime may occur due to server maintenance, software updates, hardware failures, network issues, third-party provider outages, or circumstances beyond my reasonable control.
• I will make reasonable efforts to minimise downtime but cannot guarantee uninterrupted service.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• I shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the hosting services.
• I shall not be liable for any loss of data, loss of profits, loss of revenue, loss of business, business interruption, or loss of goodwill, whether direct or indirect.
• I shall not be liable for any damages resulting from server downtime, data loss, security breaches, hacking attempts, malware, or any other technical issues.
• My total liability for any claim arising from these Services shall not exceed the total amount paid by you for the hosting services in the three (3) months immediately preceding the claim.

5. Client Responsibilities

You are responsible for:

• Maintaining your own backups of all website files, databases, and content. I am not responsible for data loss or corruption.
• Ensuring your website and content comply with all applicable laws and regulations.
• Keeping your login credentials secure and confidential.
• Monitoring your website for security vulnerabilities and keeping all applications, plugins, and themes updated.
• Ensuring sufficient storage and bandwidth for your needs.
• Notifying me promptly of any suspected security breaches or technical issues.

6. Acceptable Use Policy

You agree not to use the hosting services to:

• Host illegal content or engage in illegal activities.
• Distribute malware, viruses, or harmful code.
• Send spam or unsolicited bulk emails.
• Infringe upon intellectual property rights of others.
• Host content that is defamatory, obscene, or harmful.
• Engage in activities that could damage, disable, or impair the server or network.
• Attempt to gain unauthorised access to other systems or networks.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of services without refund.

7. Data and Backups

• While I may perform server-level backups, these are for disaster recovery purposes and may not be available for individual account restoration.
• I am not responsible for any data loss, corruption, or inability to restore data from backups.
• You should maintain your own independent backup solution.

8. Security

I implement reasonable security measures at the server level. However:

• I cannot guarantee the security of your website or data against all threats.
• I am not liable for any security breaches, hacking attempts, or data theft.
• You are responsible for securing your own applications, including using strong passwords, keeping software updated, and implementing appropriate security measures.

9. Payment Terms

• Hosting fees are payable in advance for the agreed billing period (monthly, quarterly, or annually).
• Failure to pay on time may result in suspension of services.
• Refunds are not provided for unused portions of prepaid hosting periods.
• Prices may be adjusted with 30 days' notice before your next billing period.

10. Suspension and Termination

I reserve the right to suspend or terminate your hosting services immediately and without notice if:

• You breach these Terms and Conditions.
• Your account is used for illegal activities.
• Your website poses a security risk to the server or other clients.
• Payment is not received within 14 days of the due date.

Upon termination, you are responsible for retrieving your data. I may delete all data associated with your account after 30 days following termination.

11. Indemnification

You agree to indemnify, defend, and hold harmless Alan Tiller from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the hosting services.
• Your violation of these Terms and Conditions.
• Your violation of any applicable laws or regulations.
• Any content hosted on your account.
• Any claims by third parties related to your website or activities.

12. Force Majeure

I shall not be liable for any failure or delay in performing my obligations where such failure or delay results from circumstances beyond my reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, power outages, network failures, or failures of third-party service providers.

13. Third-Party Services

The hosting services rely on third-party providers for server infrastructure, network connectivity, and other components. I am not liable for any failures, outages, or issues caused by third-party providers.

14. Changes to Terms

I reserve the right to modify these Terms and Conditions at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of the services after changes constitutes acceptance of the modified terms.

15. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16. Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms and Conditions, together with any applicable service orders or invoices, constitute the entire agreement between you and Alan Tiller regarding the hosting services and supersede all prior agreements and understandings.

18. Contact

For questions about these Terms and Conditions or the hosting services, please contact me at:

Email: hello@alantiller.com