By accepting our Terms of Service, you also agree to our Privacy Notice and Data Use Policy. Please click here for more information on our Privacy Notice and Data Use Policy All users of Stable Cloud services, and all customers upon signing up for Stable Cloud services, agree to comply with Stable Cloud Terms of Service ("TOS"). The spirit of the TOS is to ensure customers are using Stable Cloud services with due regard to the rights of other Internet users and in conformity with the requirements of the Stable Cloud network environment. The TOS are not exhaustive and Stable Cloud reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.stablecloud.co.uk or notification of the modified TOS. Any complaints about a customer's violation of the TOS should be sent to [email protected]. Please see our abuse terms for more details on abuse policy. When you agree to the terms, you are also agreeing to our Billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of Stable Cloud, this TOS supersedes any other agreement with Stable Cloud, whether written, oral, by conduct, or otherwise.
Server Resources
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level. Stable Cloud will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. Any script that consumes large amounts of resources is not allowed, such as (but not limited to): Bots, proxy scripts, rapid leech scripts, torrent related scripts, chatting or chat room scripts, PTC (Paid-to-click) site scripts, file or image hosting scripts, mail-bombers or spam scripts, topsites scripts, auto-blog scripts and plugins. Such scripts will be terminated immediately with no prior notice and account owners will not be eligible for a refund. We provide shared hosting, therefore, any script you run that will consume large amounts of resources affects other customers on your server negatively, so please use common sense when using a script. If you are unsure of any script, before running the script in your account, please contact Stable Cloud Sales or Support to ensure the script is allowed. No account should not use more than 25% of their CPU limit consistently for more than 30 minutes. If you are consistently using 25% or more CPU, you will need to upgrade to the next available hosting plan. If you are using the maximum hosting plan and are still using 25% or more CPU consistently, then you have most likely outgrown a shared hosting environment and should therefore obtain a VPS or dedicated server to better suit your needs. Any account suspended or terminated due to violation of our Terms of Service will not be eligible for a refund, including during our 30 day money back guarantee period.
E-Currency Mining
Due to their resource abusive nature, any/all types of e-currency mining is not allowed on our servers. This includes all service/server types. Clients found to be knowlingly and willingly mining on our servers will be terminated immediately and no refunds or credits of any kind will be given.
Spam/Bulk Mail
Stable Cloud has a "No Tolerance" policy on Spam and bulk mail. Sending unsolicited, bulk and/or commercial messages over the Internet or by text messaging (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Stable Cloud customers. Stable Cloud also does not allow CAN-SPAM compliant bulk email or consider emails not Spam just because you include an Opt-Out notice. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, sending unsolicited text messages, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Stable Cloud server, and selling or distributing software (on a Web site residing on a Stable Cloud server) that facilitates spamming. If a Stable Cloud server IP has become blacklisted due to spamming by a users domain name hosted on our servers, the violator will face immediate termination and no refunds will be given. Stable Cloud reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. Any client found to be spamming may face a spam cleanup fee from $250 - $500 depending on the circumstance and level of cleanup involved. Any account suspended or terminated due to spamming will not be eligible for a refund.
Denial of Service Attacks
"Stress testing" or purposely receiving DDoS/DoS attacks is not tolerated on our servers. This also includes sending a DDoS/DoS or taking part in a DDoS/DoS from any Stable Cloud account, be it shared/reseller/vps or dedicated server. Any account found actively and knowingly sending abusive traffic will be immediately suspended and possibly terminated with no refunds given. Offering/promoting/selling DDoS for hire services or booters is not tolerated and will cause immediate suspension/termination.
Prohibited Material
IRC related items
Proxy scripts
VPN scripts
Nulled or pirated software
Image or File hosting
Rapid Leech scripts
File sharing applications (including cloud apps such as: ownCloud, NextCloud)
PTC sites
Spam or bulk mail scripts
Hacking sites
DDoS for hire services or booters
Sites that promote illegal activity
Sites or forums that link to and/or distribute illegal content or copyrighted material
Sites that host or link to copyrighted material without proper consent
E-Currency miners
Chatroom scripts
Auto-blog scripts or plugins
Social media (Facebook, Instagram, etc.) auto-post or auto-like scripts
Escort Services or services that promote prostitution
Gambling/Betting Websites of any kind
Inodes
Inodes are the amount of all the files located on your account. For example, an email stored in your account will be 1 inode, an email that contains 2 attachments will be 3 inodes. Any image, file, video, HTML file, folder and script file are each considered inodes. We do not impose an inode limit, but instead offer a "fair usage" policy. If we find the account is using an abusive amount of inodes which is causing disruption for other clients, we will have no choice but to intervene which may result in account suspension.
Unlimited Bandwidth
Bandwidth usage in our shared hosting environments is considered unmetered. We do not impose a bandwidth limit, but instead offer a "fair usage" policy. If we find the account is using an abusive amount of bandwidth, we will have no choice but to intervene which may result in account suspension. Accounts willingly and knowingly using an abusive amount of bandwidth will face immediate suspension and/or termination and will not qualify for any refund.
Disk Space Usage
Account disk space is meant for files related to your websites only. Using your disk space for backups of any kind, file sharing or any type of short or long term storage is not permitted. This also includes the usage of cloud storage applications such as ownCloud or NextCloud that allow you to store and share files from your hosting account. Use of these applications is not permitted.
Uptime Guarantee
Stable Cloud guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where stablecloud.co.uk has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, connection issues between the client's location and stablecloud.co.uk data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that stablecloud.co.uk cannot directly influence. To request a service credit due to an uptime concern, please submit a request for this guarantee via Stable Cloud' web site. If requesting a "service credit" we ask that the client briefly explains the reasons for doing so. Include any documentation supporting your request.
Server Location
Data center Locations are subject to availability and choosing a specific location during your order does not guarantee that location. Stable Cloud reserves the right to substitute the chosen server location as necessary and/or move accounts to other server locations as needed.
Daily Backups
Stable Cloud performs daily full account backups on each and every account we host. Daily backups include the backup of all account data, email accounts and MySQL databases. Reseller accounts and their client accounts are included in the accounts we backup as part of our disaster recovery plan, however, Resellers are encouraged to backup their own accounts as an additional safeguard. No guarantee of the backups we perform is expressed or implied.
Illegal Use
Stable Cloud servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: warez; nulled scripts; copyrighted material; providing access to or linking to copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Stable Cloud services, all Stable Cloud customers certify that they and/or the organization they represent in procuring services from Stable Cloud are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto. Stable Cloud reserves the right to immediately terminate any account containing, providing access to or linking to illegal material. Clients terminated for violating our copyright policy or Terms of Service will not be eligible for refunds or backups of their data.
Coptright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Stable Cloud customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Stable Cloud customer (per the DMCA) to Stable Cloud must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Stable Cloud sole discretion.
DMCA Copyright Infringement Notification Requirements:
Send the notification via email to:
[email protected]
The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512. Stable Cloud is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Stable Cloud will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies. In the event that Stable Cloud must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that Stable Cloud may do so by disabling access to your entire web site or terminating your account.
Indemnification
Stable Cloud customers agree to protect, defend, hold harmless, and indemnify Stable Cloud, any third party entity related to Stable Cloud (including, without limitation, third party vendors), and Stable Cloud executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Stable Cloud services.
Disclaimer
The Stable Cloud service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Stable Cloud expressly disclaims any representation or warranty that the Stable Cloud service will be error-free, secure or uninterrupted. No oral advice or written information given by Stable Cloud, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Stable Cloud and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Modifications
Stable Cloud may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Stable Cloud services. Certain changes to Stable Cloud services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Stable Cloud is not liable, for any and all such personalized applications and content, except as expressly agreed to by Stable Cloud.
Account/Data Deletion Requests
Stable Cloud will honor any/all requests for account/data deletion. To request us to delete your Stable Cloud client account and/or data, please submit a ticket to our Support department. Account deletions are final and cannot be reversed, so please be sure of your deletion request.
Backup of Data
Except where Stable Cloud has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Stable Cloud is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Stable Cloud services. Stable Cloud servers are also NOT be used as a backup storage and is only for hosting files directly related to your website.
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Stable Cloud and its customers. Each of Stable Cloud and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
Complete Agreement and Exclusivity
The TOS, and/or any other specific agreement for Stable Cloud services, constitutes the complete understanding and agreement between Stable Cloud and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Stable Cloud, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for Stable Cloud services is between Stable Cloud and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Stable Cloud.
Refusal of Service
We reserve the right to refuse, cancel or suspend service at our sole discretion. All sub-networks, distributive hosting sites of stablecloud.co.uk must adhere to the above policies.
Third Party Providers
You agree that certain services may be provided by third party providers of Stable Cloud and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.
Abuse Towards Staff
Stable Cloud will not tolerate clients that are abusive towards our staff. This includes but is not limited to: Using abusive language or threatening a staff member. Stable Cloud reserves the right to decide what is considered abusive and immediately suspend or in severe cases, terminate clients that commit the abuse.
Payments
All charges are shown in British Pounds. Payments can be made on our website in British Pounds, Euro or US Dollar. Stable Cloud accepts the following types of payment:
Credit Card (VISA, MasterCard, Discover and American Express)
PayPal
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. Accounts with a recurring payment method such as a PayPal subscription, will continue until such time that you cancel your account in accordance with Stable Cloud Billing Policy in the TOS. You are directly responsible for keeping your recurring payment information up-to-date (including, but not limited to card number, expiration date, billing address, or card status). Customers agree to make payment of their balance due within three (3) days of the Account Statement Date.
Grace Period
Accounts that are five (5) days past due will be automatically suspended. Accounts reaching (15) days past due are automatically terminated. When an account is terminated for non-payment, all files and databases related to the account are deleted and are not retrievable. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Account Credit
Your credit balance can only be used for Stable Cloud products and services. Any future invoices will be automatically deducted from your available account balance upon invoice generation. Account credit is non-refundable and cannot be withdrawn at any time.
Upgrading/Downgrading
Accounts/plans can be upgraded/downgraded at any time from our client area to any qualifying plan. Promotional codes do not support downgrades, so if a promotional code is active on the account it will be lost when performing any downgrade. Once removed, the promotional code cannot be re-added, so please be sure of your decision to downgrade your account/plan. We do not offer prorated refunds, so you will not qualify for any credit or refund if choosing to downgrade, so please be sure on your decision to downgrade.
Overpayments
Any overpayments made to your account will be automatically added to your accounts credit balance and are considered non-refundable.
Account Renewals
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Account Statements
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Cancellations
Like any service, Stable Cloud hosting plans automatically renew until a plan is cancelled. In order to cancel service, you must submit a cancellation request for the service from our client area. Please be aware that there are no pro-rated refunds after the first 30 days of service. Cancellation requests must be received by Stable Cloud prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Stable Cloud. Stable Cloud is unable to cancel your account effective for a future date. Stable Cloud will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Stable Cloud as soon as possible. Any active PayPal subscriptions must be cancelled by logging into your PayPal account upon cancelling your Stable Cloud account to avoid being automatically billed by PayPal for future payments. If you fail to do so, any overpayments will be added to your accounts credit balance and are non-refundable. Stable Cloud does not monitor, and will not automatically cancel plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Stable Cloud services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Stable Cloud reserves the right to cancel any account, at any time, without notice, for any reason Stable Cloud considers appropriate.
30 day Moneyback Guarantee
Our 30 Day Money Back Guarantee applies to new clients only. Existing clients adding additional services do not qualify for our 30 Day Money Back Guarantee. The following services and conditions do not qualify and/or can render the 30 Day Money Back Guarantee void: (a) Server Management Services, Domain name registration/transfers/renewals, SSL certificates, software licenses, any addon services, and setup is not included in the 30 day money back guarantee. (b) If administration time was used during your account such as server configuration (that is more advanced that regular troubleshooting) this guarantee is void. (c) Illegal activity was conducted or intended on our servers will also void this agreement. (d) This request must be sent in 5 business days (excluding holidays) before the first 30 days to be processed, and eligible. (e) If you ordered multiple hosting packages this guarantee will only apply to one hosting package, the first one you cancel.
Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days regardless of the billing cycle used and no prorated refunds for any unused time will be given. Stable Cloud has full power in judgement of providing refunds for our promotional offers.
We also reserve the right to subtract any payment processing fees when issuing refunds.
There are no refunds given at any point for the following services:
Any addon services
Domain Registration/Transfer/Renewal
Credit Card/PayPal Disputes/Chargebacks
Stable Cloud has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Stable Cloud discretion. A charge of £50.00 per chargeback will be assessed to all accounts that receive a chargeback.
Billing/Price Changes
While we will do our best to notify all clients in advance of any policy and/or price changes, Stable Cloud policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Stable Cloud reserves the right to update the Terms of Service (TOS) without prior notice and no warranties shall be implied or given.
