Xlegal

terms and conditions

Agreeing to the HostandControl (3digita) Terms and Conditions is mandatory for anyone who wishes to use any of our services. Please make sure you read everything.

DEFINITIONS

Account - a single person's registration details containing their personal details and the packages they own. An account may have more than one 'package' assigned to it.
Package - the hosting space onto which 1 domain can be hosted. A package is a self-contained unit of sale, which is assigned to one person.

GENERAL

HostandControl (3digita) is only responsible to the present owner of the Web hosting space. We verify ownership by name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site.

HostandControl (3digita) will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity it becomes aware of. HostandControl (3digita) respects the intellectual property rights of others and we ask our users to do the same.

ACCOUNTS

You may only host one domain name on a package. If you wish to host multiple domains, you must purchase further packages, which we will add to your account. Pointing other domains to your package, or pages within your existing website is not acceptable and is grounds for termination. Customer may not consequently exceed monthly bandwidth included with the hosting package. If bandwidth is exceeded, we will propose a package upgrade or charge you an excess fee. If bandwidth is exceeded consequently without packages being upgraded or the excess fee being paid, we may suspend your account.

You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you or any person may result in termination of your account.

REFERRALS

Referral rewards are only credited once for every new hosting package order that is referred. It is a one-time reward.

If a customer you have referred subsequently upgrades their account, a reward equivalent to the upgrade is not given.

In order to receive payouts, all participants must have a PayPal account.

PAYMENTS

HostandControl (3digita) will not allow access to it's services until registration by the customer has been completed and full payment has been received. Payment for the service by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties. HostandControl (3digita) reserves the right to change the Fees or applicable charges and to institute new charges at any time. Additional charges, including without limitation all miscellaneous and storage fees, may be charged in arrears.

Your HostandControl (3digita) account will be considered delinquent if we do not receive payment within 30 days of signing up. Accounts that are delinquent may be suspended, archived, or purged from the system. HostandControl (3digita) may impose a charge to restore archived data for delinquent accounts. 

Credit Cards
Customers should note that we do not store nor have access to customer's credit card details. All credit payments are securely handled by 2checkout.

Cheques
Service will only be activated when we receive payment and it has been cleared through our bank.

Pricing
Whilst our pricing may be broken down to a monthly figure all accounts are payable according to the relevant payment cycle length. Upon placing your order you have entered into a contract with us for the period of the payment cycle.

Refunds
Setup fees are non-refundable once setup is completed. If you are not completely satisfied with the HostandControl (3digita) hosting service, we will cancel your contract and refund hosting payments within 30 days of signing up.

RESTRICTIONS OF USE

HostandControl (3digita)'s services must not be used to publish, post, distribute or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, or fraudulent information and materials, or proprietary, copyrighted, or otherwise intellectually protected information and materials for which the customer does not have authorisation or authority to possess or distribute. The service must not be used to request unlawful services or materials. The service must not be used for activities HostandControl (3digita) deems to impact its customers or its ability to deliver services to its customers.
 
Such activities may include, but are not limited to:

Obscene Speech or Materials
The distribution of pornography or any obscene, abusive, defamatory or threatening speech or material. You may not host any site containing adult oriented content, including nudity of any kind. Portal sites linking directly to adult oriented content are also not acceptable.

Intellectual Property Infringement
Any activity infringing on the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents.

Spamming
Sending unsolicited commercial bulk email ("UCE"), news postings or chain letters; advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE; use of web pages that allow "spam"ing (known as "ghost sites") that directly or indirectly refers to domains or IP addresses hosted by HostandControl (3digita). HostandControl (3digita) reserves the right to determine in its sole discretion what constitutes UCE based on the information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may only send email to recipients who have joined mailing lists directly from their site.

Maintaining an Open Email Relay
Allowing email to be sent through Customer's system by a third party (i.e. neither to nor from Customer or Customer's accounts).

Fraud
Using a false identity; using pyramid/ponzi scheme; storage or transmission of any intentionally incorrect data or packet.

Virus, Worm, or Trojan horse program distribution
The deliberate transmission of computer viruses, worms or trojan software.

Denial of Service
Using any technique to intentionally degrade or disable the delivery of any legitimate data.

Unauthorised Access
Attempting to gain unauthorised entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity; using the Service to guess passwords.

Applications
Customer may not run any program or script on the server that runs constantly or 'listens' on ports. This includes applications associated with live chat services.

Public Forums
Inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other public forum on, or using, the Service.

Bulk Email
Customers may not send bulk email of any type other than email to their own subscribers. Safelists or any other rented or purchased lists are not allowed. The email subscriber must have joined your list from your site. Customer must include the source of the addressee's address in each email message.

CPU Usage
Sites may not use extreme unwarranted CPU usage. This includes usage of "heavy" scripts or Flash/shockwave files. By heavy we mean scripts that place consistent high demands on the server. This includes but is not limited to web traffic management scripts, traffic exchange scripts, surf for hits sites as well as large advertising management scripts or proxy server scripts. No single site may consume 20% of CPU usage for a sustained period of time.

Password Protection
Customers are responsible for protecting passwords and for any authorised or unauthorised use.

Music Files
Customers may be asked to remove any sound/video files in any format (MP3, ASX, ASF, RA, RAM , QTV etc.) due to the high rate of illegal transfer of copy written material.

Content Protection
Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Customer publishes via any Service.

Content Ownership
Customer is responsible for all content or information residing on, or obtained or transmitted via, the Service, regardless of whether such use is by Customer.

File repository /Dump Sites
Customers may not use disk space as a dump site for files such as warez, serialz, applications and zip files. Customer may not exceed disk space allocated in hosting package. If customer exceeds the storage space specified in the hosting package, and ignores upgrade requests from HostandControl (3digita) the account may be suspended.

Free Email / Hosting Sites
We do not permit the free giving or selling of POP email accounts or the issuing of free hosting. This includes near free (1 penny per year for instance) and any other form of paid email services.

Reselling
We do not permit the unofficial resale, white-labelling, reproduction, duplication, copying, selling or exploitation of any of our services to any third party. We only permit customers to promote HostandControl (3digita)'s service through our Reward Scheme, however any end agreements are always directly with HostandControl (3digita).

LIMITATION OF LIABILITY

HostandControl (3digita) shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going off-line or being unavailable for any reason whatsoever. Further, HostandControl (3digita) shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of HostandControl (3digita) servers. All damages shall be limited to the immediate termination of service.

HostandControl (3digita) shall be the sole arbiter of what is and is not a violation of these Terms and Conditions. HostandControl (3digita) reserves the right to terminate an account at any time and for any reason that causes harm to any customer's web sites. HostandControl (3digita) reserves the right to delete all content and files upon termination. HostandControl (3digita) reserves the right to withhold any pre-paid funds for any site removed for violations of these Terms and Conditions. HostandControl (3digita) reserves the right to refuse, cancel, or suspend service at our sole discretion.

HostandControl (3digita) reserves the right to change these Terms and Conditions without prior notice or warning. Non-enforcement of any part of these Terms and Conditions does not constitute consent.

privacy policy

HostandControl (3digita) is committed to maintaining customer privacy and maintaining the security of any personal data which we receive from you. We will never share your personal details with anyone.

We do not receive or store any credit card information. This information is taken and processed on our behalf by the secure servers of 2checkout.com. They may need to transfer some information outside the EU area for the purposes of credit card validation and authentication.

Cookies are used when entering our site to record the location from where each visitor arrived. This information is used for tracking visitors that come from our affiliate sites. They are also used to track the contents of your shopping cart if you choose to open an account.

Each web page access is recorded in a log file. The contents of the log file are analysed each week and each month to determine how many visitors we serve, what pages they look at most, and from where they connect. This information is not shared with anyone outside our organisation.

Protecting your privacy

You can edit your account information at any time through our customer portal.

In certain areas of the HostandControl (3digita) site and customer portal, HostandControl (3digita)  uses industry-standard SSL-encryption to protect data transmissions.

We reserve the right to send you certain communications relating to the HostandControl (3digita) service, such as service announcements, and administrative messages without offering you the opportunity to opt-out of receiving them.

As part of our duties of being powered by an ICANN Accredited Domain Name Registrar, HostandControl (3digita) is required to provide certain information about customers who register domain names with HostandControl (3digita) to the relevant naming authority. This information will include personal data such as the customers name, address and telephone number. The relevant naming authority will make such information available to the public through publicly accessible directories of owners of domain names. It is a condition of the purchase of a domain name from HostandControl (3digita) that the customer agrees to the transfer of his/her personal data to the relevant naming authority and agrees to the naming authority making that personal data available on a public database. HostandControl (3digita) can provide its customers with details of the relevant naming authority on request.

HostandControl (3digita) reserves the right to pass on your personal information to any law enforcement agencies properly requesting it in connection with the commission of any offense once HostandControl (3digita) is reasonable satisfied as to the circumstances surrounding the request. 

If you have questions or suggestions, please send us a message with our contact form or write to us at: HostandControl (3digita) Customer Care, 22 Meadow Bank, Watford, WD19 4NP, United Kingdom.