The Boring Legal Bit

The subscriber agrees to indemnify and hold SharkServers harmless from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to SharkServers servers, or any other server on the Internet.

If help is needed to determine whether content is allowed to be hosted on SharkServers servers, the customer must contact SharkServers.

Traffic Usage

All accounts have limited traffic usage, unless specified otherwise. If the account is suspended because of bandwidth limits, the customer will need to upgrade to a larger package or pay bandwidth overage charges.

P2P (Torrents, etc)

We currently do not allow any use of software that allows download Peer-To-Peer downloads, such as Bittorent clients. This limit is in place due to possible bandwidth abuse. Any service may be terminated without notification if this rule is broken. Torrent trackers and torrent sites containing links to copyrighted material are also not allowed.

Hacking / DDoS / Interference

We monitor the traffic flow on our network. If our systems detect suspicious traffic, we will review it manually. We do not allow DDoS, hacking or any other interference to our or remote systems to be caused as a result of your actions. Any such event will result in immediate suspension of the service.

IRC Servers and Bots

We currently do not allow IRC or IRC bots to be operated on our servers.

Game Servers

The customer is welcome to run any game server software provided its' use is authorized by the copyright holder of the game/server software developer (where required). Client MUST NOT run any game servers that allow players to connect to them with cracked/unauthorized copies of the game.

Uplink Connection

All services are connected at 100Mbps unless stated otherwise in service description.

Backups

Shared Hosting: Backups are taken daily at midnight (GMT) and can be restored upon request, although customers are encouraged to have their own backups as well.

VPS and Dedicated Servers: Backups are not provided. Customers are responsible for their own backups and web content and should make their own backups for extra protection.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of SharkServers is strictly prohibited. As our customer, you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

I/O Abuse (VPS)

Running I/O intensive applications on a VPS is not allowed. If we find that the I/O related activities are causing issues for our other customers, we will suspend the VPS without any advance notice. The client will then be required to either agree to stop I/O abuse or move to a dedicated server.

DMCA and Copyright

As a business based in European Union, we do not follow DMCA. Each and every copyright claim should be sent to abuse@sharkservers.co.uk in accordance with the European Union Copyright Directive. We do not suspend or deny access to any website hosted on our servers/network, even in the case of receipt of a copyright complaint. We require a court order to suspend/terminate any account. Furthermore, even in case of account suspension due to a valid complaint, no customer details will be released to a third party.

Billing

By the Account Activation Date of each month, SharkServers shall either:

(1) debit the client’s credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month.

When an invoice is delivered to the client, payment shall be remitted to SharkServers by no later than the specified payment due date. SharkServers shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice regularly, depending on your subscription type. All credit and debit cards are billed automatically on the due date specified on the invoice. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Services, for which invoices have not been paid, will be terminated after 30 days of suspension.

Service Fees

Certain services carry a setup fee charged by SharkServers to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to SharkServers and agrees to pay any and all fees incurred by client. If the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy

Refunds: If client has retained the services for one year and has pre-paid SharkServers for such services, refunds will be issued for any unused full month of the services, upon client’s request. Therefore, if client’s account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.

There are absolutely no refunds for orders on monthly billing - even if the service has only been used for an hour after ordering, we will not be able to issue a refund.

Custom software installations fees, setup fees and fees for paid control panels and software licenses are not refundable. Others services that are excluded from refunds are: dedicated servers that required setup fee, VPS and domain names.

Dedicated Server Setup Time

We aim to set up all servers instantly, however, in extreme circumstances, it may take longer. Provisioning is automated where possible. If manual configuration is required, this is carried out 8am-7pm (GMT), 7 days a week. Setup time may be faster or slower depending on the staff workload. If you have waited for more than 24 hours, you are advised to contact our support staff for information.

Account Deactivations

Any account deactivated due to non-payment will automatically be reactivated upon receiving payment.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

SharkServers shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from SharkServers servers going off-line or being unavailable for any reason whatsoever. Furthermore, SharkServers 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 SharkServers servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to abuse@sharkservers.co.uk. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

SharkServers cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by SharkServers are resold. Thus, certain equipment, routing, software and programming used by SharkServers are not directly owned or written by SharkServers. Moreover, SharkServers holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as SharkServers sees fit.

Account Activation

By activating your account with SharkServers, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

SharkServers guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all shared hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

SharkServers reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification.