1.1 Definitions
Unless otherwise stated, the following definitions apply to this document:
- "we", "us", and "our" are references to Marginex;
- "you", "your" and "customer" are references to the person paying for services from Marginex having entered into this agreement;
- "services" are web hosting, domain registration, reseller rights, outsourced support, email and other services or facility provided by us to you;
- "server" is the computer equipment operated by us in connection to the services provided;
- "order" means a request made by the customer to us for services to be supplied subject to these conditions;
- "charges" are the charges payable by the customer for the provision of services.
1.2 Include
The words "include" and "including" are to be construed without limitation.
1.3 Headings
The headings in this document are for convenience only and shall not affect the interpretation of these conditions.
2. Ordering process
2.1 Order acceptance
We have not accepted a customer application and order until account setup and you receive the 'welcome' email including all details specific to your account. Until this time, we reserve the right to refuse, cancel or reject any order made by the customer. In such cases, a full refund will be made using the same method as payment was originally made.
3. Refunds
3.1 Account cancellations
No refunds will be issued for account cancellations on a monthly payment schedule. Accounts on a yearly payment schedule are entitled to a pro rated refund taking only full months into account when calculating refund due. If cancellation of the account is caused by the customer breaching these terms and conditions no refund will be issued. No refunds are issued for domain registrations.
4. Misuse
4.1 Spam / Unsolicited Mass E-mail
The sending of Unsolicited Commercial Email (SPAM) through our servers promoting any website or through third party servers promoting a website hosted by us can result in the suspension or termination of the customers web hosting account without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings and the mailing list software in use is that provided in our supplied control panels. Any complaints received are taken seriously and will be investigated.
4.2 Chat Rooms
Only the chat room scripts provided for the customer in their control panel are allowed on our server. Any other scripts found will be disabled and the account suspended in serious or repeat cases.
4.3 Account Use
Under no circumstances must our servers be used for the hosting of, reference to or linking to any of the following:
4.3.1 nudity, pornography, anything of a sexual, lewd, or obscene nature;
4.3.2 violations of any copyright or any other right of any third party;
4.3.3 threatening, abusive, harassing, defamatory statements;
4.3.4 promotion of illegal activities (hacking, cracking, etc);
4.3.5 information or software containing or about any kind of virus;
4.3.6 hate speech or hate propaganda;
4.3.7 the collection of personal information for illegal purposes;
4.3.8 content deemed by us at our sole discretion to be harmful to us;
5. Billing
5.1 Payment schedules
The customer agrees to supply appropriate payment for the services received from us in advance of the time period during which such services are provided.
5.2 Suspension
We reserve the right to suspend any account after 5 working days have passed without due payment being received. Any added time for payment will be at our sole discretion.
5.3 Currencies
All invoices and payments are processed in GB Pound Sterling (£) with conversions will be made by the credit card company of the customer (for Paypal payments). Prices shown in any other currencies on this website or other promotional material is to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All customers are advised to check amounts using accurate recent exchange rates before ordering.
6. Backups
6.1 Regularity and policy
Backups are made by us each day on an incremental basis and each week on a full basis, however, no guarantee's are made of any kind as to the integrity of these backups. Backup measures are in place to assist in the event of hardware failure warranting a full system restore and no data can be obtained from backups on a single account basis. All customers are strongly advised to regularly download their own backups from their control panel where a zipped archive is provided daily of all account files and databases.
7. Resource Use
7.1 CPU & Memory
All accounts are monitored for their use of server resources. If any account is using a high amount of server resources we will contact the customer to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU etc.) the account may be suspended or script disabled without notice to maintain the smooth running of the server.
7.2 Data transfer and webspace allocations
Customers can request a package upgrade or temporary resource increase by emailing sales@marginex.com. It is the sole responsibility of the customer to contact us in advance of requiring extra resources to prevent account suspension. In some cases, accounts are automatically suspended when their resource limits have been reached and manual unsuspension is required by us.
8. Customer Responsibility
8.1 Contact Information
The customer is responsible for keeping their contact details up to date in their control panel. We cannot be held responsible for communication mixup's as a direct result of the customers failure to update their details.
8.2 Sensitive data
Customers are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, the customer is required to request a change of login details by contacting support staff.
9. Contact procedure
9.1 If a breach of these terms and conditions is found we will, at our sole discretion, determine whether it is a serious or minor breach. If a serious breach of these terms is found we reserve the right to suspend the account(s) of the customer in question or disable any part of the account before contacting them. We will however make an attempt to contact the customer prior to suspension in the event of a minor breach using the email address we have on record for your account. If no reply is received within 3 days we will escalate the status of the breach to a serious breach and may suspend the account(s).
10. Limitation of Liability & General Terms
10.1 We are not responsible for any claimed damages, which may result from our servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The customer agrees to indemnify and hold us and our employees harmless from any claims, damages, including but not limited to consequential damages resulting from the use of the service which damages the customer or any other party.
10.2 We will cooperate fully with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate these terms may incur in criminal or civil liability.
10.5 We will be the sole arbiter as to what constitutes a violation of these terms and conditions. The failure by a customer to meet or follow any of the above terms and conditions is grounds for account suspension or deactivation.
11. Modification
11.1 We reserves the right to add, delete, or modify these Terms and Conditions, our hosting packages, prices and website at any time with notice provided via WWW and announcements in our forum and/or customer control panel(s). All customers are encouraged to check this document at least once a month to ensure they are aware of any changes.